Allowed¶37

Smt Marembi D/O v. the Assistant Director

Karnataka HC7 Jan 2025WP/103628/2024

Case brief

AI extract

What is this about?

Karnataka High Court Dharwad Bench; Suraj Govindaraj J.; WP No. 103628 of 2024 (KLR-RES); decided 07-01-2025; Assistant Director of Land Records, Hubballi; entry of names / land records mutation; CTS No.128, Ward No.3, Basava Vana, near Old Bus Stand, Hubballi; representation dated 20.03.2024 / 20-3-2024 at Annexure-H; application dated 29.12.2022; Karnataka Sakala Services Act, 2011 timelines; Articles 226 and 227 Constitution of India; writ of mandamus; consideration within 30 days; petition allowed; counsel: Abhinandan Hiremath (petitioners), M.M. Khannur AGA (respondent).

What did the court decide?

Writ of mandamus issued directing the respondent to consider the representation dated 20.03.2024 (Annexure-H) and the application dated 29.12.2022 within 30 days from the date of receipt of a copy of the order. ¶37

Smt Marembi D/O Vs the Assistant Director — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondent ought to be directed by writ of mandamus to consider the petitioners' representation dated 20-3-2024 (Annexure-H), made in furtherance of their application dated 29.12.2022, seeking entry of their names in respect of CTS No.128, Ward No.3, Basava Vana, Hubballi.

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Court's answer

On the application filed on 29.12.2022, the respondent was required to act on it and either accept or reject it within the time prescribed under the Karnataka Sakala Services Act, 2011; its failure to do so necessitated the representation dated 20.03.2024, which also went unacted upon.

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Ratio / Principle

A writ of mandamus is issued directing the respondent to consider the representation dated 20.03.2024 at Annexure-H and the application dated 29.12.2022 filed by the petitioners within 30 days from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

Writ petition under Articles 226 and 227 of the Constitution of India (KLR-RES) before the High Court of Karnataka, Dharwad Bench (Suraj Govindaraj, J.). The petitioners sought a writ of mandamus directing the Assistant Director of Land Records, Hubballi, to consider their representation dated 20-3-2024 (Annexure-H) seeking entry of their names in respect of CTS No.128, situated at Ward No.3, Basava Vana, near Old Bus Stand, Hubballi. The representation was made in furtherance of an application dated 29.12.2022, on which the respondent was bound to act — accepting or rejecting it — within the time prescribed under the Karnataka Sakala Services Act, 2011, but failed to do so, and the subsequent representation likewise went unacted upon. Allowing the petition, the Court issued a writ of mandamus directing the respondent to consider both the representation dated 20.03.2024 and the application dated 29.12.2022 within 30 days from receipt of a copy of the order.

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1 - NC: 2025:KHC-D:134 WP No. 103628 of 2024

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

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO. 103628 OF 2024 (KLR-RES)

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BETWEEN:

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SMT. MAREMBI D/O. HUSSEIN KHAN MULAGUND, W/O. UMARSAB MANSUR, AGED ABOUT 75 YEARS, OCC: HOUSEHOLD WORK, R/O. OLD HOUSING BOARD, MADAGAON, GOA-403601.

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ABDUL JABBAR S/O. ABDUL KHADAR MULAGUND, AGED ABOUT 59 YEARS, OCC: GOVT. EMPLOYEE, R/O. GODKE PLOT, ANAND NAGAR, OLD HUBBALLI, HUBBALLI, TQ: HUBBALLI-580020, DIST: DHARWAD.

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

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SMT. SAHEBI @ RABIA D/O. HUSSEIN KHAN MULAGUND, W/O. MOHAMMAD TAHIR KALAGADAGI, AGED ABOUT 57 YEARS, OCC: HOUSE HOLD WORK, R/O BYAHATTI PLOT, SADAR SOFA, OLD HUBBALLI, TQ: HUBBALLI-580020, DIST: DHARWAD.

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SMT. AMINABI D/O. HUSSEIN KHAN MULAGUND, W/O. ABDUL REHAMAN MADARKHANDI, SINCE DEAD BY HER LRS.

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2 - NC: 2025:KHC-D:134 WP No. 103628 of 2024

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ARIF AHMAD

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S/O. ABDUL REHAMAN MADARKHANDI, AGED ABOUT 49 YEARS, OCC: MECHANIC, R/O. KHB COLONY, HOUSE NO. EWS A/11 NAVANAGAR, HUBBALLI, TQ: HUBBALLI-580020, DIST: DHARWAD.

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SMT. FATIMABI W/O. MEHABOOB SAB MANSUR, AGED ABOUT 46 YEARS, OCC: HOUSE HOLD WORK, R/O. EWS 736, HOUSING BOARD GOGOL, MADAGAON, SOUTH GOA-403601.

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SMT. MEHABOOBI W/O. ISMAILSAB KAILAGAR, AGED ABOUT 45 YEARS, OCC: HOUSEHOLD WORK , R/O. HOUSE NO.34, SYED FAHEH SHAH WALI NAGAR, OLD HUBBALLI, HUBBALLI, TQ: HUBBALLI-580020, DIST: DHARWAD.

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…PETITIONERS

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(BY SRI. ABHINANDAN HIREMATH, ADVOCATE)

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AND:

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THE ASSISTANT DIRECTOR OF LAND RECORDS, 1^ST FLOOR, MINI VIDHANA SOUDHA, SIR SIDDAPPA KAMBLI ROAD, LAMINGTON ROAD, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580020.

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…RESPONDENT

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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 A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 20-3-2024 PRODUCED AS ANNEXURE-H AND TO PASS NECESSARY ORDERS FORTHWITH AND ETC.

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NC: 2025:KHC-D:134 WP No. 103628 of 2024

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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 petitioners are before this Court seeking the following reliefs:

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a) Issue a writ of mandamus directing the Respondent to consider the representation dated 20-3-2024 produced as Annexure-H and to pass necessary orders forthwith.

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b) Grant such other reliefs as this Hon’ble court deems fit under the circumstances of the present case in the interest of justice and equity.

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The grievance of the petitioners is that, the representation dated 20.03.2024 at Annexure-H submitted by the petitioner to respondent for causing the entry of the names of the petitioners in respect of CTS No.128, situated at Ward No.3, Basava Vana, near Old Bus Stand, Hubballi, has not been acted upon.

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The submission of the learned counsel for the petitioners is that, the said representation was made in furtherance of the application submitted on 29.12.2022.

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4 - NC: 2025:KHC-D:134 WP No. 103628 of 2024

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When the application was filed on 29.12.2022, it was required for the respondent to act on the said application and either accept or reject it within the time prescribed under the Karnataka Sakala Services Act, 2011. The same not having been done, necessitated filing of the above representation dated 20.03.2024, which has also not been acted upon despite lapse of long time.

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In view of the above, I pass the following:

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ORDER

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i. The writ petition is allowed.

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ii. A writ of mandamus is issued, directing the respondent to consider the representation dated 20.03.2024 at Annexure-H and the application dated 29.12.2022 filed by the petitioners within a period of 30 days from the date of receipt of copy of this order.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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gab CT-MCK List No.: 1 Sl No.: 19

Smt Marembi D/O v. the Assistant Director

Case brief

What is this about?

What did the court decide?

Smt Marembi D/O v. the Assistant Director

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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