Dismissed

Venkateshappa @ Venkatappa Bovi v. the State of Karnataka

Karnataka HC16 Mar 2023WP/418/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka directed the Assistant Commissioner, Tarikere Sub-Division, to consider and dispose of an appeal bearing No. 19/2018-19 within three months, holding that the official failed to exercise statutory jurisdiction under the Karnataka Land Revenue Act.

What did the court decide?

Directed Respondent No.3 to consider and dispose of Appeal No. 19/2018-19 within 3 months.

Venkateshappa @ Venkatappa Bovi Vs the State of Karnataka — Property and Title | Karnataka HC (2023)

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WP No. 418 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^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. 418 OF 2023 (KLR-RES)

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BETWEEN:

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VENKATESHAPPA @ VENKATAPPA BOVI S/O GANGA BOVI AGED ABOUT 70 YEARS AGRICULTURIST R/A ‘B’ RAMANAHALLI TARIKERE TALUK CHIKKAMAGALURU DISTRICT-577228.

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…PETITIONER

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(BY SRI AKAHAYA B.M., ADV. –(VC))

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M S BUILDING

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Digitally signed by MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka

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BENGALURU-560001.

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THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577101.

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THE ASSISTANT COMMISSIONER TARIKERE SUB-DIVISION CHIKKAMAGALURU DISTRICT-577101.

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TAHSILDAR

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REVENUE DEPARTMENT TARIKERE TALUK CHIKKAMAGALURU DISTRICT-577228.

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WP No. 418 of 2023

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THE REGIONAL FOREST OFFICER FOREST DEPARTMENT TARIKERE SUB-DIVISION TARIKERE TALUK CHIKKAMAGALURU DISTRICT-577228.

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…RESPONDENTS

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(BY SRI SHOWRI H.R., AGA FOR R1 TO R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS AND DIRECT THE R3 ASSISTANT COMMISSIONER, TARIKERE SUB-DIVISION, TARIKERE, CHIKKAMAGALURU DISTRICT TO DISPOSE OF THE APPEAL NO.LNDCR 19/2018-2019 VIDE ANNEXURE-E DATED 21.10.2020 EXPEDITIOUSLY WITHIN THE PERIOD OF 3 MONTHS.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard learned counsel Sri.Akshaya B.M. for petitioner through video conference and learned Additional Government Advocate Sri.H.R.Showri for respondents. Perused the writ petition papers.

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Learned counsel for the petitioner would submit that the petitioner preferred an appeal before the 3^rd respondent-Assistant Commissioner praying for issuance of Saguvali Chit in respect of the land in Sy.No.9 to an

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WP No. 418 of 2023

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extent of 2 acres 20 guntas in Ramanahalli village, Amruthuru, Tarikere Taluk, Chitradurga District. It is the grievance of the petitioner that the appeal filed by the petitioner in the year 2018-19 is pending and the same is not taken up for consideration.

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Per contra, learned Additional Government Advocate would submit that within a reasonable time to be fixed by this Court, the appeal would be considered and appropriate order would be passed.

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Taking note of the above submission, I am of the view that 3^rd respondent-Assistant Commissioner has a statutory duty to consider the appeal filed by the petitioner under Section 136 read with Section 49 of the Karnataka Land Revenue Act, 1964. As the 3^rd respondent-Assistant Commissioner has failed to exercise his statutory jurisdiction, the petitioner would be entitled for a writ of mandamus as prayed. Hence, the following order:

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WP No. 418 of 2023

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Respondent No.3/Assistant Commissioner is directed to consider and dispose of the appeal bearing No. 19/2018 -19, within a period of 3 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:bms List No.: 1 Sl No.: 59

Venkateshappa @ Venkatappa Bovi v. the State of Karnataka

Case brief

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Venkateshappa @ Venkatappa Bovi v. the State of Karnataka

Case brief

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