Ex-servicemen whose land grant applications were rejected for excess income challenged the Tahsildar's endorsements. With the State conceding to remand, the Court set aside all six endorsements and directed fresh consideration within four months.
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:49451 WP No. 36554 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.36554 OF 2018 (KLR-LG)
BETWEEN:
MANDYA DISTICT-573 218.
Digitally signed by H K HEMA Location: High Court of Karnataka
HASSAN DISTRICT-573 201.
…PETITIONERS
(BY SRI SUMANTH L. BHARADWAJ, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI HARISH A.S., AGA)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 15.06.2018 BEARING NO.L.N.D.S.R 31/2016-17 ISSUED BY RESPONDENT NO.4, IN SO FAR AS PERITINOER NO.1 IS CONCERNED. A COPY OF THE SAID ENDORSEMENT IS HEREWITH SUBMITTED AS ANNEXURE-A, 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
The same has been rejected on the ground that they are having excess income than the ceiling limit. However, the petitioners submits that presently they do not have excess income as alleged, as the ceiling limit has now been enhanced and they are qualified to have the land granted in their name.
NC: 2024:KHC:49451 WP No. 36554 of 2018
remanded back to respondent No.4 - Tahsildar with a direction to consider the case of the petitioners in accordance with law and pass appropriate orders.
ORDER
i. The impugned endorsement dated 15.06.2018 bearing No.L.N.D.S.R 31/2016-17 issued by respondent No.4 vide Annexure- 'A' to the writ petition; the impugned endorsement dated 15.06.2018 bearing No.L.N.D.S.R 30/2016-17 issued by respondent No.4 vide Annexure- 'A1' to the writ petition; the impugned endorsement dated 15.06.2018 bearing No.L.N.D.S.R 70/2016-17 issued by respondent No.4 vide Annexure- 'A2' to the writ petition; the impugned endorsement dated 15.06.2018 bearing No.L.N.D.S.R 66/2016-17 issued by respondent No.4 vide Annexure- 'A3' to the writ petition; the impugned endorsement dated 15.06.2018 bearing No.L.N.D.S.R 65/2016-17 issued by respondent No.4 vide Annexure- 'A4' to the writ
petition; the impugned endorsement dated 15.06.2018 bearing No.L.N.D.S.R 217/2016-17 issued by respondent No.4 vide Annexure- 'A5' to the writ petition are hereby set aside.
ii. The matter is remanded back to respondent No.4 to consider the case of the petitioners afresh in accordance with law and pass appropriate orders thereafter within a period of four months from the date of receipt of a certified copy of this order.
iii. Accordingly, the writ petition is disposed of .
SD/(M.I.ARUN) JUDGE
VMB
List No.: 1 Sl No.: 50
1 issue framed by the court
Whether the endorsements rejecting ex-servicemen petitioners' land grant applications on the ground of excess income should be quashed and remanded for fresh consideration.
1 provisions across 1 enactments
Ravikumar D.R.
Prasanna M.S.
Devaraja A.S.
Marishetty
H.B. Ramesh
Poonacha T.K.
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
