Petitioner filed writ petition under Articles 226/227 and RTI Act requesting release of 1943 land grant documents. Court noted authority stated documents were unavailable and dismissed petition accordingly.
No direction to produce the grant order of 1943 issued as authorities stated documents were not available.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:42093 WP No. 28238 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.28238 OF 2019 (KLR-RES)
BETWEEN:
CHIKKAMAGALURU TALUK & DISTRICT-577 101.
…PETITIONER
(BY SRI M SHIVAPRAKASH, ADVOCATE)
AND:
Digitally signed by CHAITHANYA K Location: High Court of Karnataka
…RESPONDENTS
(BY SRI HARISH A.S., AGA FOR R.1 TO R.6; SRI B.R. PRASANNA, ADVOCATE FOR R.7 TO R.9.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS IN RESPECT OF GRANT MADE VIDE A 7 28/42-43 DATED 31.01.1943 CHIT NO.15/43-44 FROM THE OFFICE OF THE RESPONDENTS NO.3 AND 4 i.e., DEPUTY COMMISSIONER AND TAHASILDAR AND ISSUE WRIT IN THE NATURE OF THE MANDAMUS AGAINST RESPONDENT NOS.3
AND 4 TO ISSUE RELEVANT DOCUMENTS PURSUANT TO GRANT MADE ON 01.02.1943 ISSUED BY THE TAHSILDAR AT ANNEXURE-A IN FAVOUR OF SMT.SIDDAMMA IN RESPECT OF PETITION SCHEDULE PROPERTY, ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
NC: 2024:KHC:42093 WP No. 28238 of 2019
SD/(M.I.ARUN) JUDGE
VMB List No.: 1 Sl No.: 52
1 issue framed by the court
Whether the respondent authorities are directed to produce the land grant order of 1943 upon RTI denial of its existence.
2 provisions across 2 enactments
Sri H N Mahesh Gowda
The Chief Secretary, State of Karnataka
The Principal Secretary, Department of Revenue, State of Karnataka
The Deputy Commissioner, Chikkamagaluru Taluk & District
The Tahasildar, Chikkamagaluru Taluk & District
Smt. Siddamma
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
