Allowed

Chandramma v. State of Karnataka

Karnataka HC9 Mar 2023WP/1735/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition filed regarding delayed implementation of a Tahsildar order correcting land measurement. The Court directed the Tahsildar to consider pending representations and pass an appropriate order within two months.

What did the court decide?

Directed Respondent No. 3 to consider the representation dated 04.01.2021 and pass an appropriate order within two months.

Chandramma Vs State of Karnataka — Land Acquisition | Karnataka HC (2023)

¶1

¶2

WP No. 1735 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 9^TH DAY OF MARCH, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.1735 OF 2023 (KLR-RR/SUR)

¶7

BETWEEN:

¶8

CHANDRAMMA

¶9

W/O LATE KRISHNACHAR AGED 65 YEARS R/AT BEKKINA KALAMATA VILLAGE HOSADI POST, NIDIGE HOBLI SHIMOGGA TALUK & DISTRICT

¶10

SENIOR CITIZEN BENEFIT NOT CLAIMED

¶11

KAVITHA W/O LATE SOMASHEKAR AGED 51 YEARS

¶12

VISHWANATHACHAR

¶13

Digitally signed by MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka

¶14

S/O LATE HOSALACHAR @ VATHSALACHAR AGED 53 YEARS R/AT NO 52/2

¶15

PETITIONERS 2 & 3 ARE R/AT NO.52/2, UPPARAKERI OPP: GARADI HOUSE GANDHI BAZAR SHIVMOGGA - 577 202

¶16

…PETITIONERS

¶17

(BY SRI. KARUMBAIAH T.A, ADVOCATE)

¶18

AND:

¶19

STATE OF KARNATAKA REVENUE DEPATMENT M.S.BUILDING

¶20

¶21

WP No. 1735 of 2023

¶22

DR B R AMBEDKAR ROAD BENGALURU - 560 001 BY ITS SECRETARY

¶23

THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA - 577 201

¶24

THE TAHSILDAR SHIVAMOGGA TALUK SHIVAMOGGA - 577 201

¶25

…RESPONDENTS

¶26

(BY SRI. V.SESHU, HCGP FOR R1-R3)

¶27

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF MANDAMUS DIRECTING THE 3^RD RESPONDENT TO ENTER THE NAME OF PETITIONERS IN PHANI IN RESPECT OF 30X130 OF LAND IN SY.NO.39, BLOCK NO.17, SITE NO.7 (OLD NO.39/1) OF ANUPIRAKATTE VILLAGE, SHIMOGGA TALUK & DISTRICT WITHIN A SPECIFIED PERIOD; b) ISSUE A WRIT OF MANDAMUS DIRECTING THE 3^RD RESPONDENT TO CONSIDER ANNEXURE-K THE REPRESENTATION DATED 04/01/2021 SUBMITTED ON 26/02/2021 BY THE PETITIONERS TO THE 3^RD RESPONDENT AND TO PASS APPROPRIATE ORDERS WITHIN A SPECIFIED PERIOD; c) ISSUE ANY OTHER WRIT, ORDER OR DIRECTION AS THIS HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.

¶28

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

¶29

¶30

WP No. 1735 of 2023

¶31

ORDER

¶32

Though the matter is listed for preliminary hearing,

¶33

with the consent of the learned counsel for the parties, the petition is taken up for final disposal.

¶34

Petitioner is before this Court praying for writ of mandamus directing respondent No.3 to consider representation dated 04.01.2021 submitted on 26.02.2021 and to pass appropriate orders.

¶35

Learned counsel for petitioner would submit that with regard to measurement of the Plot in Sy.No.39 of Anupirakatte Village, Shivamogga Taluk and District, petitioner had filed an appeal before the Assistant Commissioner, Shivamogga Sub Division in PDA.No.77/992000 vide Annexure-H. The Assistant Commissioner by order dated 11.02.2000 allowed the petitioner's appeal and directed the Tahsildar to enquire afresh and to pass appropriate order.

¶36

¶37

WP No. 1735 of 2023

¶38

4. It is submitted that respondent No.3 - Tahsildar

¶39

after fresh enquiry passed order dated 30.09.2000 which reads as under:

¶40

"ªÁ¢UÀ¼À ¥ÀgÀªÁV ªÀQÃ®gÀÄ ªÀÄAr¹zÀ ªÁzÀªÀ£ÀÄß D°¹gÀÄvÉÛÃ£É. PÀqÀvÀzÀ°ègÀÄªÀ zÁR ÁwUÀ¼À£ÀÄß ¥Àj²Ã°¹gÀÄvÉÛÃ£É. vÁ®ÆèPÀÄ ¸ÀªÉðAiÀÄgïgÀªÀgÀÄ vÀAiÀiÁj¹gÀÄªÀ ¸ÉÊmï£ÀAvÉ ªÁ¢UÀ¼ÀÄ ¥Àæ¸ÁÛ¦vÀ ¤ªÉÃ±À£ÀzÀ ¸Áé¢üÃ£À ºÉÆA¢gÀÄªÀÅzÀÄ zÀÈqsÀ¥ÀnÖgÀÄvÀÛzÉ. ªÀiÁ£Àå G¥À «¨sÁUÁ¢üPÁjUÀ¼ÀÄ ²ªÀªÉÆUÀÎ EªÀgÀr ¤ÃrgÀÄªÀ DzÉÃ±ÀzÀ°è£À CA±ÀUÀ¼À£ÀÄß UÀªÀÄ¤¹ PÀæAiÀÄ ¥ÀvÀæzÀAvÉ ²ªÀªÉÆUÀÎ vÁ®ÆèPÀÄ PÀ¸À¨Á ºÉÆÃ§½ C£ÀÄ¦£ÀPÀmÉÖ UÁæªÀÄzÀ ¸À£ÀA 39:17gÀ°è ¸ÉÊmï £ÀA.7gÀ 30x130gÀ SÁvÉAiÀÄ£ÀÄß ²æÃ ªÀvÀì ÁZÁgï ©£ï gÀÄzÁæZÁgï EªÀgÀ ºÉ¸ÀjUÉ £ÀªÀÄÆ¢¸À®Ä PÀ£ÁðlPÀ ¨sÀÆ PÀAzÁAiÀÄ C¢ü¤AiÀÄªÀÄ 1964gÀ ¸ÉµÀ£ï 128gÀAvÉ DzÉÃ²¹zÉ. EªÀgÀÄ ¤zsÀ£ÀgÁVgÀÄªÀÅzÀjAzÀ £ÀAvÀgÀ ¥sËw ¸À§Æ§Ä ªÁ¢AiÀÄªÀgÀ zÀA¥Àw ²æÃªÀÄw £ÀAdªÀÄä PÉÆÃA ªÀvÀì ÁZÁgïgÀªÀgÀ ºÉ¸ÀjUÉ £ÀªÀÄÆ¢¸À®Ä ¸ÀºÀ DzÉÃ²¹zÀ ¥sËw zÀAqÀ gÀÆ.10-00 DgïDgï gÀÆ.2-00 «¢ü¹zÉ."

¶41

It is the grievance of the petitioner that the order of respondent No.3 - Tahsildar dated 30.09.2000 is not implemented so far. Hence, the petitioner submitted a representation dated 26.02.2021, which is pending consideration.

¶42

On the other hand learned High Court Government Pleader submits that on the basis of Tahsildar order dated 30.09.2000, petitioner is before this Court

¶43

¶44

WP No. 1735 of 2023

¶45

after more than 20 years by making representation dated 04.01.2021 submitted on 26.02.2021 at Annexure-K and submits that there is delay.

¶46

On hearing the learned counsel for the parties and perusal of the writ papers, this Court is of the considered opinion that petitioner would be entitled for a writ of mandamus as prayed for in the petition. The Tahsildar order dated 30.09.2000 at Annexure-J would indicate that the Tahsildar is directed to rectify the mistake in measurement in respect of Plot No.39: 17 and to show the measurement as 30' x 130'. The said order is not implemented. The grievance of the petitioner in that regard is pending consideration in representation dated 26.02.2021. The contention of the learned High Court Government Pleader that there is delay in submitting the representation is liable to be rejected for the reason that it is the statutory duty of respondent No.3 to implement order of the appellate authority as well as its own order. Hence, the following:

¶47

¶48

WP No. 1735 of 2023

¶49

ORDER

¶50

(i) Writ petition is disposed of.

¶51

(ii) Respondent No.3 is directed to consider representation dated 04.01.2021 submitted on 26.02.2021 at Annexure-K and pass appropriate order taking note of Annexure-H order dated 11.02.2000 bearing PDA.No.77/99-2000 passed by Assistant Commissioner as well as order bearing No.RRDS/CR/13/2000-01 dated 30.09.2000 vide Annexure-J and pass appropriate order within a period of two months from the date of receipt of this order.

¶52

SD/JUDGE

¶53

¶54

List No.: 1 Sl No.: 30

Chandramma v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Chandramma v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sri K N Nanjunda Shastry Vs the State of Karnataka

Sri Gangaraju v B Vs the Deputy Commissioner

Sri Ramesh G Vs the Deputy Commissioner

Sri K J Lokesh Vs State of Karnataka

Varalakshmi Vs the State of Karnataka

Sri. Santhosh Thazhathu Vs State of Karnataka