Disposed¶33

Smt Sneha W/O Ravindra Kadam v. the State of Karnataka

Karnataka HC18 Feb 2025WP/100904/2025

Case brief

AI extract

What is this about?

Karnataka High Court Dharwad Bench; WP No. 100904 of 2025 (KLR-RES); Justice Suraj Govindaraj; writ of certiorari; quashing of show-cause notice; notice no.13/133/2024-LND-Belagavi DC E-220489 dated 26/12/2024; Deputy Commissioner Belagavi; State of Karnataka Revenue Department; Tahshildar Belagavi Taluka; Assistant Director of Land Records; liberty to reply within 7 days; reply deadline 25.02.2025; reasoned orders by Deputy Commissioner; petition disposed of; Articles 226 and 227.

What did the court decide?

No relief as prayed (quashing of the notice) was granted; the petition was disposed of with liberty to the petitioner to reply to the show-cause notice within 7 days (i.e., on or before 25.02.2025), failing which respondent No.2 may proceed on the notice. ¶33

Smt Sneha W/O Ravindra Kadam Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶33

Issue for consideration

Whether a writ of certiorari should issue quashing the show-cause notice no.13/133/2024-LND-Belagavi DC E-220489 dated 26/12/2024 issued by Respondent No.2 (Deputy Commissioner).

¶27

Court's answer

The petitioner is at liberty to reply to the show-cause notice, setting out justification/reasons and enclosing the documents relied upon.

¶30

Ratio / Principle

Once the petitioner's reply is issued, the Deputy Commissioner is to pass reasoned orders on it and thereafter take necessary action if necessary.

¶32

Key takeaways

With liberty reserved to the petitioner to reply to the show-cause notice within 7 days, the petition stands disposed of; the notice itself was not quashed.ratio¶33
If the petitioner does not issue a reply on or before 25.02.2025, respondent No.2 would be entitled to proceed on the show-cause notice.ratio¶34

Detailed headnote1 paragraphs

Writ petition (Arts. 226 & 227, KLR-RES) by Smt. Sneha W/o. Ravindra Kadam before the High Court of Karnataka, Dharwad Bench (Justice Suraj Govindaraj, 18.02.2025), seeking certiorari to quash show-cause notice no.13/133/2024-LND-Belagavi DC E-220489 dated 26/12/2024 issued by Respondent No.2, the Deputy Commissioner, Belagavi District, received by the petitioner on 03/02/2025 (Annexure-E). The Court did not quash the notice; it disposed of the petition, reserving liberty to the petitioner to reply to the show-cause notice within 7 days with justification/reasons and supporting documents. On receipt of such reply, the Deputy Commissioner is to pass reasoned orders and thereafter take necessary action if necessary. If no reply is filed on or before 25.02.2025, respondent No.2 would be entitled to proceed on the notice.

¶1

1 - NC: 2025:KHC-D:3224 WP No. 100904 of 2025

¶2

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶3

DATED THIS THE 18^TH DAY OF FEBRUARY, 2025

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

¶6

WRIT PETITION NO.100904 OF 2025 (KLR-RES)

¶7

BETWEEN:

¶8

SMT. SNEHA W/O. RAVINDRA KADAM, AGE: 42 YEARS, OCC: HOMEMAKER, R/O. PLOT NO.263, SECTOR NO.40, JAY NAGAR, HINDALAGA, BELAGAVI.

¶9

…PETITIONER

¶10

(BY SRI. ASHWIN C. HUBLI, ADVOCATE)

¶11

AND:

¶12

THE STATE OF KARNATAKA, THROUGH ITS SECRETARY, REVENUE DEPARTMENT,

¶13

VIDHANA SOUDHA, BENGALURU-560001.

¶14

THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI-590001.

¶15

ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH

¶16

THE TAHSHILDAR BELAGAVI TALUKA, BELAGAVI-590001.

¶17

THE ASSISTANT DIRECTOR OF LAND RECORDS, BELAGAVI TALUKA, BELAGAVI-590001.

¶18

…RESPONDENTS

¶19

(BY SRI. V.S. KALASURMATH, AGA FOR R1-R4)

¶20

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED NOTICE IN NO.13/133/2024-LND-BELAGAVI DC E-220489, DATED 26/12/2024, WHICH IS RECEIVED BY THE PETITIONER ON 03/02/2025, PRODUCED AND MARKED AT ANNEXURE-E, ISSUED BY RESPONDENT NO.2, IN THE INTEREST OF JUSTICE AND EQUITY; ANY OTHER ORDER OR WRIT, WHICH THIS HON’BLE COURT MAY DEEM FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE MAY KINDLY BE

¶21

2 - NC: 2025:KHC-D:3224 WP No. 100904 of 2025

¶22

GRANTED; PERMISSION TO AMEND THE PETITION AS AND WHEN FOUND NECESSARY MAY KINDLY BE GRANTED.

¶23

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

¶24

ORAL ORDER

¶25

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

¶26

The petitioner is before this Court seeking for the following reliefs:

¶27

i. A Writ in the nature of certiorari, quashing the impugned notice in no.13/133/2024-LND-Belagavi DC E-220489, dated 26/12/2024, which is received by the Petitioner on 03/02/2025, produced and marked at ANNEXURE-E, issued by Respondent No.2, in the interest of justice and equity;

¶28

ii. Any other order or writ, which this Hon’ble Court may deem fit in the facts and circumstances of the case may kindly be granted;

¶29

iii. Permission to amend the petition as and when found necessary may kindly be granted.

¶30

What is essentially challenged is the show-cause notice issued by respondent No.2-Deputy Commissioner. The petitioner would always be at liberty to reply to the said notice by giving out his justification and or reasons enclosing the necessary documents on which the petitioner relies upon.

¶31

3 - NC: 2025:KHC-D:3224 WP No. 100904 of 2025

¶32

Needless to say once such a reply is issued, it is for the Deputy Commissioner to pass reasoned orders on the same and thereafter, take necessary action if necessary.

¶33

Reserving liberty to the petitioner to reply to the said show-cause notice, which shall be so replied within 7 days from today, the petition stands disposed of.

¶34

Needless to say, if reply is not issued by the petitioner on or before 25.02.2025, respondent No.2 would be entitled to proceed on the said notice.

¶35

Sd/(SURAJ GOVINDARAJ) JUDGE

¶36

AM CT-MCK List No.: 1 Sl No.: 12

Smt Sneha W/O Ravindra Kadam v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Sneha W/O Ravindra Kadam v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

M/S Acciona Agua S a Vs Bangalore Water Supply and

Chandru Ganapu Gouda S/O Ganapu Gouda Vs State of Karnataka

Mamajigani W/O Mahammadrasur Shiggav D/O Husensab Dalal Vs the State of Karnataka

Shri. Fakirappa Siddappa Halagatti, Vs Smt. Siddavva D/O. Lakshappa Halagatti Since Deceased by Her Lrs Respondent NO.2 to 4 and 6

Sri. Mohan S/O Narayan Hegde Vs the State of Karnataka

Rachayya S/O Gangayya Aliyas Gangadharaswami Karimani Vs the State of Karnataka