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Fakirappa Gangappa Arolli v. the State of Karnataka

Karnataka HC10 Jan 2025WP/100113/2025

Case brief

AI extract

What is this about?

Writ Petition No. 100113 of 2025 (KLR-RR/SUR); High Court of Karnataka, Dharwad Bench; Justice Suraj Govindaraj; Articles 226 and 227 Constitution of India; mandamus to consider representations; duty of authority to decide representation within reasonable period; rejection must be accompanied by reasons; Annexures-F, G, H dated 01-12-2023, 02-01-2024, 28-11-2023; 30-day compliance direction; respondents Assistant Commissioner, Assistant Director Land Survey, Tahasildar Bailhongal; Belagavi district; petition allowed; no opinion on merits.

What did the court decide?

Writ of mandamus directing respondents No. 3 to 5 to consider the representations dated 01.12.2023, 02.01.2024 and 28.11.2023 at Annexures-F, G & H respectively within a period of 30 days from the date of receipt of a copy of the order, without prejudice to the merits.

Fakirappa Gangappa Arolli Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents No. 3, 4 and 5 were required to consider the petitioner's representations dated 01.12.2023, 02.01.2024 and 28.11.2023 (Annexures-F, G and H) and pass orders thereon. +1 more

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Court's answer

In the present matter the petitioner's representations submitted on 01.12.2023, 02.01.2024 and 28.11.2023 had still not been considered and no order had been passed by the respondents.

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Ratio / Principle

An authority to whom a representation is submitted must consider it and pass necessary orders within a reasonable period of time, either accepting or rejecting the representation.

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Key takeaways

Where a representation is rejected, the rejection is to be accompanied by reasons.ratio¶29
A writ of mandamus was issued directing respondents No. 3 to 5 to consider the representations dated 01.12.2023, 02.01.2024 and 28.11.2023 at Annexures-F, G & H respectively within 30 days from the date of receipt of a copy of the order.ratio¶33
This Court expressly did not express any opinion on the merits of the matter; respondents No. 3 to 5 would have to consider the said representations in accordance with law and pass suitable orders.

Detailed headnote1 paragraphs

Karnataka High Court, Dharwad Bench (Suraj Govindaraj, J.), writ petition under Articles 226 and 227 of the Constitution of India. The petitioner, whose three representations dated 01.12.2023, 02.01.2024 and 28.11.2023 (Annexures-F, G and H) to respondents Nos. 3-5 (Assistant Commissioner, Assistant Director Land Survey and Tahasildar, Bailhongal) lay unconsidered, sought a mandamus for their consideration. Court held that any authority receiving a representation must consider it and pass necessary orders within a reasonable period, accepting or rejecting it, and that a rejection must be accompanied by reasons. Finding the representations unconsidered and no orders passed, the Court allowed the petition and issued a writ of mandamus directing respondents No. 3 to 5 to consider the representations within 30 days from receipt of a copy of the order, expressly stating that it expressed no opinion on the merits and that respondents must consider the representations in accordance with law and pass suitable orders.

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1 - NC: 2025:KHC-D:408 WP No. 100113 of 2025

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10^TH DAY OF JANUARY, 2025 BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100113 OF 2025 (KLR-RR/SUR)

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BETWEEN:

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FAKIRAPPA GANGAPPA AROLLI, AGE: 81 YEARS, OCC: RETIRED GOVT. EMPLOYEE & AGRICULTURE, R/O. NAYANAGAR, TQ: BAILHONGAL-591102, DIST: BELAGAVI.

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…PETITIONER

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(BY SRI. VIJAYKUMAR B. HORATTI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE, VIKASA SOUDHA, BENGALURU-560001.

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THE DEPUTY COMMISSIONER, BELAGAVI, AT: BELAGAVI, DIST: BELAGAVI-590001.

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ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

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THE ASSISTANT COMMISSIONER, BAILHONGAL, BAILHONGAL SUB-DIVISION, BAILHONGAL-591101, DIST: BELAGAVI.

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THE ASSISTANT DIRECTOR, LAND SURVEY DEPARTMENT, BAILHONGAL-591101, DIST: BELAGAVI.

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THE TAHASILDAR, BAILHONGAL, AT: BAILHONGAL, TQ: BAILHONGAL, DIST: BELAGAVI-591101.

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…RESPONDENTS

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(BY SRI. M.M. KHANNUR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.3, 4 AND 5 TO CONSIDER THE REPRESENTATION MADE BY PETITIONER

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2 - NC: 2025:KHC-D:408 WP No. 100113 of 2025

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DATED 01-12-2023, 02-01-2024 AND 28-11-2023, PRODUCED VIDE ANNEXURES-F, G AND H RESPECTIVELY.

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

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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The petitioner is before this Court seeking the following relief:

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a) To issue writ in the nature of mandamus directing the respondents no.3, 4 and 5 to consider the representations made by petitioner dated 01.12.2023, 02.01.2024 and 28.11.2023, produced vide Annexures-F, G and H respectively.

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b) To pass any other order, direction as deemed fit in the circumstances of the case.

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It is the grievance of petitioner that representations submitted on 01.12.2023, 02.01.2024 and 28.11.2023 vide Annexures-F, G and H respectively have not been considered by the respondents and as such, the aforesaid reliefs have been sought for. Whenever any representation is submitted to any authority like the respondents, it is required to consider the same and pass necessary orders within

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3 - NC: 2025:KHC-D:408 WP No. 100113 of 2025

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a reasonable period of time either accepting or

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rejecting the representation. It is needless to say that if the representation is rejected, the rejection is to be accompanied by reasons.

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In the present matter, the representations submitted have still not been considered and no order has been passed by the respondents. In that view of the matter, I pass the following :

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ORDER

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(i) Petition is allowed.

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(ii) A writ of mandamus is issued directing respondents No.3 to 5 to consider the representations dated 01.12.2023, 02.01.2024 and 28.11.2023 at Annexures-F, G & H respectively within a period of 30 days from the date of receipt of a copy of this order.

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