Allowed

Sri Girish v. State of Karnataka

Karnataka HC3 Sept 2024WP/23693/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka, in a writ petition filed regarding land mutation, directed the Tahasildar (Respondent No. 4) to consider the petitioner's representation dated 23.09.2023. The court noted the petitioner's prior grant and mutation and attributed the failure to update records to conscious laxness by the authorities. An order was passed to update entries within two months.

What did the court decide?

Respondent No. 4 directed to consider the petitioners representation dated 23.09.2023 and pass appropriate orders within two months.

Sri Girish Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC:35901 WP No. 23693 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 23693 OF 2024 (KLR-RES)

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BETWEEN:

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SRI. GIRISH S/O GANGANNA AGED ABOUT 55 YEARS AGRICULTURST GUDDADA BEERANAHALLI VILLAGE LAKKAVALLI HOBLI, TARIKERE TALUK CHIKMAGALURU DISTRICT-577 228.

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…PETITIONER

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(BY SRI. H. MALATESH, ADVOCATE)

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AND:

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU-02.

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THE DEPUTY COMMISSIONER CHIKMAGALURU DISTRICT CHIKMAGALURU-577 101.

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THE ASST. COMMISSIONER TARIKERE TALUK CHIKMAGALURU DISTRICT-577 228.

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NC: 2024:KHC:35901 WP No. 23693 of 2024

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THE TAHASILDAR TARIKERE TALUK CHIKMAGALURU DISTRICT-577228

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…RESPONDENTS

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(BY SMT. B.P. RADHA, AGA)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-4 AND THE CONCERNED REVENUE AUTHORITY TO CONSIDER THE PETITIONERS REPRESENTATION DTD. 23.09.2023 PRODUCED AS ANNX-D AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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Learned AGA is directed to accept notice for the respondents.

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The petitioner was granted the petition land

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vide grant order dated 14.04.1998. Pursuant to grant, the petitioner's name was duly mutated to the RTC. However, in 2001-02, the manual entries were discontinued and are not carried forward to the computerized records maintained by the revenue authorities. This compelled the petitioner to submit a representation requesting the

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3 - NC: 2024:KHC:35901 WP No. 23693 of 2024

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respondent authorities to reflect the entries as they existed in manual RTC.

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Heard learned counsel for the petitioner and learned AGA for the respondents-State.

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The petitioner, on account of conscious laxness on the part of respondents has submitted the representation on 23.09.2023 vide Annexure-D. There is conscious laxness on the part of respondents in not considering the representation. If the grant made in favour of the petitioner was intact and the grantee's name was mutated and reflected in the ownership column till 2001-02, the petitioner has a legal right to seek a direction at the hands of this Court. Correspondingly, respondent No.4 is obligated to consider representation and pass appropriate orders.

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There being a conscious laxness on the part of respondent No.4, this Court passes the following:

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NC: 2024:KHC:35901 WP No. 23693 of 2024

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ORDER

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i. The writ petition is allowed;

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ii. Respondent No.4 is hereby directed to consider the petitioner's representation dated 23.09.2023 vide Annexure-D in accordance with law by taking cognizance of the grant order and the existing entries till 2001-02 in the manual RTC and pass appropriate orders in accordance with law; iii. This exercise shall be completed within a period of two months from the date of receipt of certified copy of this order;

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iv. Pending I.A.s', if any, do not survive for consideration and stand disposed of accordingly.

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SD/(SACHIN SHANKAR MAGADUM) JUDGE

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CA List No.: 1 Sl No.: 31

Sri Girish v. State of Karnataka

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Sri Girish v. State of Karnataka

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