Mallayya S/O Basayya Naduvinmane Vs the Deputy… — Writ and Judicial Review | Karnataka HC (2025)

Mallayya S/O Basayya Naduvinmane Vs the Deputy… — Writ and Judicial Review | Karnataka HC (2025)

1 - NC: 2025:KHC-D:8430 WP No. 101422 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7^TH DAY OF JULY 2025

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 101422 OF 2025 (GM-RES)

BETWEEN:

MALLAYYA S/O. BASAYYA NADUVINMANE, AGE: 46 YEARS, OCC: AGRICULTURIST, R/O. UGGINKERI, POST: GUNJAVATI, TQ: MUNDGOD, DIST: UTTARA KARNATAKA-581349.

FAKKIRESH S/O. BASAYYA NADUVINMANE, AGE: 28 YEARS, OCC: AGRICULTURIST, R/O. UGGINKERI, POST: GUNJAVATI, TQ: MUNDGOD, DIST: UTTARA KARNATAKA-581349.

SHIVANAND S/O. IRAYYA NADUVINMANE, AGE: 47 YEARS, OCC: AGRICULTURIST, R/O. UGGINKERI, POST: GUNJAVATI, TQ: MUNDGOD, DIST: UTTARA KARNATAKA-581349.

VIJAYALAKSHMI M KANKUPPI

Digitally signed by VIJAYALAKSHMI MKANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.07.14 12:35:08 +0530

BASAVARAJ S/O. IRAYYA NADUVINMANE, AGE: 35 YEARS, OCC: AGRICULTURIST, R/O. UGGINKERI, POST: GUNJAVATI, TQ: MUNDGOD, DIST: UTTARA KARNATAKA-581349.

…PETITIONERS

(BY SRI. H.N. GULARADDI, ADVOCATE)

AND:

THE DEPUTY COMMISSIONER, D.C. OFFICE, HAVERI, TQ: AND DIST: HAVERI-581110.

THE TAHASHILDAR, LAND SURVEY DEPARTMENT, SHIGGAON, TQ & DIST: HAVERI-581110.

…RESPONDENTS

(BY SRI. S.V. MAGADUM, AGA)

2 - NC: 2025:KHC-D:8430 WP No. 101422 of 2025

HC-KAR

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT AND DIRECT THE RESPONDENT NO-02 TO MEASURE THE LAND AND TO DETERMINE THE BOUNDARIES OF R.S.NO.32/A MEASURING 61 ACRES 25 GUNTAS SITUATED WITHIN THE LIMITS OF MAMADAPUR VILLAGE IN SHIGGAON TALUKA CONSIDER THE REPRESENTATION DATED 29/11/2024 PRODUCED AT ANNEXURE-C AND ETC.

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

Heard the learned counsel for the petitioners and the learned AGA for the respondents.

2. This petition is filed by the petitioners seeking a direction to respondent No.2 to measure the land and to determine the boundaries of R.S. No.32/A measuring 61 acres 25 guntas situated within the limits of Mamadapur village in shiggaon taluk and to consider the representation dated 29.11.2024 vide Annexure-C.

3. It is the case of the petitioners that, the property

bearing R.S. No.32/A totally measures 226 acres 20 guntas out of which, the petitioners purchased 61 acres 25 guntas

3 - NC: 2025:KHC-D:8430 WP No. 101422 of 2025

HC-KAR

for a valuable consideration on 24.10.2024 under a relinquishment deed from one Deshpande family and their names are mutated in the Record of Rights. The petitioners filed an application before respondent No.2 to measure the land and for determination of boundaries of the aforesaid land purchased by them jointly, to which respondent No.2 has not responded even though the petitioners are ready to pay the requisite fee for measuring the land. Hence, the petitioners are before this Court.

3. Learned HCGP representing the State submits

that the application so made by the petitioner would be considered if reasonable time is granted.

4. Under the circumstances, I pass the following:

ORDER

i) The petition is allowed.

ii) A writ of mandamus is issued directing respondent No.2 to consider the application/representation dated 29.11.2024 vide

4 - NC: 2025:KHC-D:8430 WP No. 101422 of 2025

HC-KAR

Annexure-C of the petitioners and pass suitable orders in accordance with law within an outer limit of four months from the date of receipt of a copy of this order.

Sd/(PRADEEP SINGH YERUR) JUDGE

Kmv CT-MCK