Allowed

Sri T. Vijaya v. State of Karnataka

Karnataka HC20 Mar 2023WP/3971/2023

Case brief

AI extract

What is this about?

Writ petition filed seeking Saguvali Chits for granted land. Court directed Tahsildar to consider representation and investigate genuineness of grants per Assistant Commissioner's order within four months.

What did the court decide?

Directing the 3rd respondent to consider the petitioners' representation and take action per the Assistant Commissioner's order within four months to investigate grant genuineness.

Sri T. Vijaya Vs State of Karnataka — Land Acquisition | Karnataka HC (2023)

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1 - WP No. 3971 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 3971 OF 2023 (KLR-RR/SUR)

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BETWEEN:

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SRI T. VIJAYA S/O THIMMAPPA, AGED 45 YEARS, RESIDING AT NO.332/3, KASHIPURA VINOBANAGARA, SHIVAMOGGA-577204.

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Digitally signed by MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka

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SRI K P PRAKASH S/O PARAMESHWARAPPA, AGED ABOUT 60 YEARS, RESIDING AT SRI GURU BASAVESHWARA KRUPA, NEAR RAGHAVENDRA TEMPLE, LAKKAPPA LAYOUT, KASHIPURA, SHIVAMOGGA-577204.

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SMT. LAKSHMIDEVI W/O BASAVARAJU, AGED ABOUT 54 YEARS, RESIDING AT ANANDA KRUPA, 1^ST CROSS, L B S NAGARA, NAVULE, SHIVAMOGGA-577201.

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SRI M JITHENDRA KUMAR S/O MAGRAJ, AGED ABOUT 42 YEARS, RESIDING AT SRI DEVI NIVAS, 4^TH CROSS, NEAR PARK, GANDHI BAZAR, SHIMOGA DODDAPETE, SHIVAMOGGA-577202.

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2 - WP No. 3971 of 2023

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SMT. BHAMA W/O BASAVANA GOWDA H G, AGED ABOUT 45 YEARS, RESIDING AT MAIN ROAD, HARAMAGHATTA, SHIVAMOGGA-577201.

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SMT. N RAMANI W/O M G DEVARAJ, AGED ABOUT 47 YEARS, RESIDING 2^ND CROSS, KENCHAPPA LAYOUT, NEAR GANAPATHI TEMPLE, VINOBANAGAR, SHIVAMOGGA-577204.

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SRI BASAVANAGOWDA H G S/O KUPENDRAPPA GOWDA, AGED ABOUT 52 YEARS, RESIDING AT MAIN ROAD, HARAMA GHATTA, SHIVAMOGGA-577216.

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SRI N JAYAKUMAR S/O M NARAYAN AGED ABOUT 43 YEARS, RESIDING AT GOWRISH NILAYA, 2^ND CROSS, KENCHAPPA LAYOUT, NEAR GANAPATHI TEMPLE, VINOBANAGAR, SHIVAMOGGA-577204.

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SMT. MEENA M W/O HARISH N, AGED ABOUT 45 YEARS, RESIDING AT GOWRISH NILAYA, 5^TH CROSS, LIFT SIDE, JAIL ROAD, SHIVAMOGGA- 577201.

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SRI HARISHA N S/O M NARAYAN AGED ABOUT 49 YEARS, RESIDING AT GOWRISH NILAYA, 5^TH CROSS, CHANAL LIFT SIDE, JAIL ROAD, SHIVAMOGGA- 577201.

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3 - WP No. 3971 of 2023

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SRI GOWRISH N S/O M NARAYAN AGED ABOUT 41 YEARS, RESIDING AT NO 67, GOWRISH NILAYA, 5^TH STAGE, 3^RD CROSS, VEERANNA LAYOUT, VINOBANAGAR, SHIVAMOGGA- 577204.

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SMT. JAYAMANGALA W/O K NAGARAJAPPA AGED ABOUT 55 YEARS, R/AT HOLEHANASANAVADI, HANSAWADI, SHIVAMOGGA-577216.

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SMT. G V NETHRAVATHI DARSHAN W/O DARSHAN AGED ABOUT 42 YEARS, R/AT 60 FEET ROAD, 3^RD CROSS, SHUBHAMANGALA KALYANA MANTAP, SHIVAMOGGA -577201.

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SRI G V M RAJU S/O J VEERASHEKHARAPPA AGED ABOUT 40 YEARS, RESIDING AT SRINIDHI NILAYA, 1^ST STAGE, 60 FEET ROAD, OPP. SHUBHAMANGALA CHOWTRI, VINOBHA NAGAR, SHIVAMOGGA-577204.

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SMT. SHOBA W/O D B VIJAYA KUMAR, AGED ABOUT 57 YEARS, RESIDING AT NO 116, DEVAKATHIKOPPA, P O KOTE GANGUR, SHIVAMOGGA DISTRICT PIN 577204.

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SMT. PRAVBHAVATHI K W/O LATE SHANKARAPPA AGED ABOUT 69 YEARS,

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WP No. 3971 of 2023

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RESIDING AT NO 862, E W S, NEAR BUS STOP, 2^ND STAGE, YELAHANKA NEW TOWN, BENGALURU NORTH, PIN 560064.

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SRI H P CHIDAMBARA S/O H PARAMAESHWARA HOLLA, AGED ABOUT 61 YEARS, RESIDING AT NO 42, BHAVANA NILAYA, 3^RD CROSS, NEAR RAILWAY TRACK, ARAVINDA NAGARA, VTC SHIMOGA, PO: VINOBANAGAR, SHIVAMOGGA- 577204.

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SMT. DRAKSHAYINI P C/O CHANDRASHEKARAPPA B AGED ABOUT 62 YEARS, RESIDING AT NO 206, 24^TH MAIN, NEAR LAST BUS STOP, JUDICIAL LAYOUT, ALLALASANDRA, G K V K POST, BENGALURU-560065.

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SMT. VEENA W/O JAYAPPA AGED ABOUT 49 YEARS, RESIDING AT HARANAHALLI, SHIVAMOGGA-57716.

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SMT. VEDAVATHI V W/O VISHWANATH SINGH M C AGED ABOUT 53 YEARS, RESIDING AT JAIL ROAD, 4^TH CROSS, HOSAMANE, SHIVAMOGGA-577201.

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SRI S K GAJENDRA SWAMY S/O S H KRISHNAMURTHY, AGED ABOUT 61 YEARS, RESIDING AT MEDARA KERI, 2^ND CROSS, VINOBANAGARA, SHIVAMOGGA-577204.

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WP No. 3971 of 2023

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SMT. SUKANYA W/O B S SUBUSHAN AGED ABOUT 57 YEARS, RESIDING AT DEVAKATHIKOPPA, OPP: SCHOOL, KOTE GANGUR, SHIVAMOGGA- 577204.

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SMT. RENUKA DEVI W/O MOUNESHWARA K S AGED ABOUT 60 YEARS, RESIDING AT KARLHATTI STREET, VIDYANAGARA, SHIVAMOGGA- 577203.

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SRI D L RAMESH S/O D B LOKESHAPPA GOWDRU AGED ABOUT 47 YEARS, RESIDING AT DEVAKATHIKOPPA, KOTE GUNGUR, SHIVAMOGGA-577204.

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SMT. JAYAMMA W/O MOHAN D B AGED ABOUT 53 YEARS, RESIDING AT NO 17, DEVAKATHIKOPPA, KOTE GUNGUR, SHIVAMOGGA -577204.

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SMT. LATHA W/O PARAMESHWARAPPA B AGED ABOUT 54 YEARS, RESIDING AT DEVAKATHIKOPPA, KOTEGANGUR, SHIVAMOGGA-577204.

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SMT. JAYASHEELA W/O B C RUDRAPPA AGED ABOUT 56 YEARS, RESIDING AT MADHU KRUPA, FATHIMA STREET, SHIVAMOGGA -77201.

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SMT. THRIVENI W/O T S MANJAPPA AGED ABOUT 48 YEARS, RESIDING AT SIDDAGANGA SADANA,

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WP No. 3971 of 2023

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3^RD CROSS, 2^ND STAGE, 60 FEET ROAD, VINOBANAGARA, SHIVAMOGGA-577204.

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…PETITIONERS

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(BY SRI. PRINCE ISAC, ADV.)

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AND:

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STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M S BUILDING, BENGALURU-560001.

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THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB-DIVISION, SHIVAMOGGA-577201.

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THE TAHSILDAR SHIVAMOGGA TALUK, SHIVAMOGGA- 577201.

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…RESPONDENTS

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(BY SRI SHOWRI H.R., AGA FOR R1-R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING FOR DIRECTION TO THE RESPONDENTS TO ISSUE SAGUVALI CHIT IN RESPECT OF GRANTED LAND TO THE PETITIONERS BY CONSIDERING THE REPRESENTATION DATED 12/10/2022 SUBMITTED BY THEM AND DISPOSE OF THE SAME AS EXPEDITIOUSLY AS POSSIBLE AND AT ANY RATE WITHIN THE TIME TO BE STIPULATED BY THIS COURT, A COPY OF WHICH IS PRODUCED AT ANNEXURE-C OR ANY OTHER WRIT OR DIRECTION QUASHING TO MEET THE ENDS OF JUSTICE.

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

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WP No. 3971 of 2023

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ORDER

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Though this petition is listed for preliminary hearing,

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

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Heard learned counsel Sri. Prince Isac for petitioners and learned Additional Government Advocate Sri.H.R.Showri for respondents. Perused the writ petition papers.

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Learned counsel for the petitioners would submit that the petitioners were granted different extent of lands in Sy.No.45 of Devakathikoppa village, Kasaba Hobli, Shivamogga Taluk and District, under Grant Orders dated 30.04.2003 and invites attention of this Court to Annexure-A series/the Grant Certificates issued by the Tahsildar/3^rd respondent herein. Learned counsel for the petitioners would submit that when the authorities failed to enter the names of petitioners in the revenue records in respect of the lands granted to them, the petitioners made

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WP No. 3971 of 2023

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representation to the 3^rd respondent-Tahsildar. The

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Tahsildar failed to take action on the representations of the petitioners. Therefore, he submits that the petitioners approached the second respondent-Assistant Commissioner, Shivamogga under Section 136(2) of the Karnataka Land Revenue Act, 1964 (for short “1964 Act”).

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The Assistant Commissioner passed orders, which are produced at Annexures-B series dated 14.01.2020, directing the Tahsildar to examine the genuineness of the grant and to take action in accordance with law. It is the grievance of the petitioners that 3^rd respondent-Tahsildar

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has failed to take action as directed by the Assistant Commissioner in his order at Annexure-B series. In that regard, the petitioners submitted representation at Annexure-C dated 14.01.2020, but no action is taken either on the order passed at Annexure-B series or on representation dated 14.01.2020.

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On the other hand, learned Additional Government Advocate would submit that 3^rd respondent-Tahsildar

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WP No. 3971 of 2023

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would take appropriate action within a reasonable time to

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be fixed by this Court.

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5. Having heard the learned counsel for the parties and

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on perusal of the writ petition papers, I am of the view that the petitioners would be entitled for a writ of mandamus directing the 3^rd respondent-Tahsildar to take action in accordance with law, as directed by the Assistant Commissioner by order dated 14.01.2020 at Annexure-B series. The petitioners claim that they were granted different extent of lands in Sy.No.45 of Devakathikoppa village, Kasaba Hobli, Shimogga Taluk and District. The petitioners have placed on record the Xerox copies of Grant Certificates issued in Form No.1 dated 30.04.2003. The order passed by the Assistant Commissioner reads as follows:

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“CfðzÁgÀgÀ Cfð ¨sÁUÀ±ÀB ¥ÀÄgÀ¸ÀÌj¸À¯Á¬ÄvÀÄ. CfðzÁgÀgÀÄ ¸À°è¹gÀÄªÀ zÁR¯ÁwUÀ¼À £ÉÊdvÉAiÀÄ §UÉÎ ªÀÄvÉÆÛªÉÄä ¥Àj²Ã°¹, £ÀªÀÄÆ£É-56gÀ ªÀ»AiÀÄAvÉ ¥Àj²Ã°¹ ¸ÁUÀÄªÀ½ aÃnAiÀÄAvÉ ¤AiÀÄªÀiÁ£ÀÄ¸ÁgÀ PÀæªÀÄ PÉÊUÉÆ¼Àî®Ä ¸ÀÆa¸À¯Á¬ÄvÀÄ.”

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10 -

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WP No. 3971 of 2023

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Respondent No.3-Tahsildar is bound to take action in terms of the order passed by the second respondentAssistant Commissioner and also in terms of the provisions of 1964 Act as well as Rules made there under. Hence, the following order:

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The 3^rd respondent is directed to consider Annexure-C/representation dated 14.01.2020 of the petitioners and take action in accordance with the order passed by the Assistant Commissioner dated 14.01.2020 at Annexure-B series to find out the genuineness of the grant and to take further action in accordance with law, within a period of four months from the date of receipt of a copy of this order.

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With the above, the writ petition stands disposed of.

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SD/JUDGE

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MPK CT:bmsList No.: 1 Sl No.: 34

Sri T. Vijaya v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri T. Vijaya v. State of Karnataka

Case brief

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