Disposed

Sri K P Mohan v. the State of Karnataka

Karnataka HC13 Mar 2023WP/7452/2016

Case brief

AI extract

What is this about?

Writ petition filed seeking mandamus to consider the petitioner's application for land grant. The High Court held that since the Tahsildar had already considered the application and issued a rejection endorsement, issuing mandamus was not required. The petition was disposed of with liberty to challenge the endorsement.

What did the court decide?

The writ petition stood disposed of, with liberty to the petitioner to challenge the endorsement dated 05.02.2016.

Sri K P Mohan Vs the State of Karnataka — Land Acquisition | Karnataka HC (2023)

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WP No. 7452 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.G.PANDIT

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WRIT PETITION NO. 7452 OF 2016 (KLR-RES)

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BETWEEN:

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SRI.K P MOHAN S/O LATE T.K. KUNHAMBU NAIR, AGED ABOUT 58 YEARS, AGRICULTURIST, R/AT HILLTOP KENYA HOUSE, AITHOOR VILLAGE, SUNKADAKATTE POST, PUTTUR TLAUK, D.K. DISTRICT-574 230.

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…PETITIONER

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Digitally signed by MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka

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(SMT. HEMALATHA B.V. FOR SRI. B. R. SRINIVASA GOWDA, ADV.

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AND:

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THE STATE OF KARNATAKA, REVENUE DEPARTMENT, VIKASA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU-560 001 REP. BY ITS SECRETARY

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WP No. 7452 of 2016

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THE SPECIAL THASILDAR KADABA, KADABA POST, PUTTUR TALUK, D.K. DISTRICT-574221.

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…RESPONDENTS

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(BY SRI. SHOWRI H. R., AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS FROM THE AUTHORITY BELOW:DIRECT 2^ND RESPONDENT TO CONSIDER AND PASS APPROPRIATE ORDERS ON THE APPLICATION FILED BY THE PETITIONER ON 14.12.2015 AT ANNEX-N CONFIRMING THE TEMPORARY GRANT, MADE IN FAVOUR OF THE PETITIONER IN RESPECT OF THE LAND, BEARING SY.NO.153/1 MEASURING 4 ACRES 94 CENTS, SITUATED AT AITHOOOR VILLAGE, PUTTUR TALUK, D.K DISTRICT.

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

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ORDER

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Heard learned counsel Smt.Hemalatha B.V. for Sri.B.R.Srinivasa Gowda, learned counsel for the petitioner 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

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the land in question i.e., Sy.No.153/1 measuring 4 acres

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WP No. 7452 of 2016

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94 cents situated at Aithoor Village of Puttur Taluk, D.K.District was temporarily granted to the petitioner under order dated 29.09.1994. Subsequently, when the respondent-Tahsildar failed to grant the land as requested by the petitioner, the petitioner approached the Assistant Commissioner by filing an appeal. On the appeal filed by the petitioner, the Assistant Commissioner remanded the matter to the Tahsildar to find out as to whether the land in question was within the area reserved for forest and to conduct joint survey. It is alleged that subsequent to remand, the respondent-Tahsildar has not taken any action as directed by the Assistant Commissioner.

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Learned Additional Government Advocate, along with

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the memo dated 13.03.2023 produces the endorsement dated 05.02.2016 issued to the petitioner wherein the petitioner’s request is rejected stating that the land in question would fall within 100 meters of buffer zone of the forest and as such, there is no provision under the Karnataka Forest Act, 1969 to grant the land. Since the

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WP No. 7452 of 2016

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respondent-Tahsildar has considered the application of the petitioner and issued an endorsement dated 05.02.2016, the question of issuing mandamus to consider petitioner’s request under representation at Annexure-N dated 14.12.2015 would not arise.

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Accordingly, the writ petition stands disposed of, with liberty to the petitioner to challenge the endorsement dated 05.02.2016.

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Sd/JUDGE

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MPK List No.: 1 Sl No.: 61

Sri K P Mohan v. the State of Karnataka

Case brief

What is this about?

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Sri K P Mohan v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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