Venkoba S/O Thimappa Dasar Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

Venkoba S/O Thimappa Dasar Vs the State of… — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition allowed; impugned endorsement dated 30.07.2011 (Annexure-C) issued by respondent no.3 quashed and matter remanded to respondent No.2 for fresh consideration of Form No.I filed by the petitioner in accordance with law within four months from the date of receipt of the order.

Issue for consideration

Whether the impugned endorsement dated 30.07.2011 rejecting the petitioner's Form No.I occupancy-rights application solely on the ground that it was not filed within time was liable to be quashed, given that Form No.1 was filed on 02.03.1999, within the time extended till 30.06.1999 by the Government Circular dated 09.07.1999.

Court's answer

Since the only ground to reject Form No.I was that the application was not within time, and Form No.I was filed on 02.03.1999 within the period extended till 30.06.1999 under the Circular dated 09.07.1999, the impugned endorsement is to be quashed and the matter remanded back to the Tahasildar, Ballari for fresh consideration of Form No.I filed by the petitioner in accordance with law.

Detailed headnote1 paragraphs

High Court of Karnataka, Dharwad Bench (Mrs Justice M.G. Uma), Writ Petition No.66257 of 2012 (LR-), decided 06.03.2025 — Certiorari / occupancy rights: The petitioner had filed Form No.I on 02.03.1999 before the Tahasildar, Ballari Taluk seeking confirmation of occupancy right over land under the Inam Abolition Act. The Tahasildar, by endorsement dated 30.07.2011 in No.KAM.BHUSA:115/2011-12 (Annexure-C), rejected the application solely on the ground that it was not filed within time, notwithstanding the Government of Karnataka Circular dated 09.07.1999 extending the time for calling Form No.1 till 30.06.1999. Holding that the sole ground of rejection was untenable, the Court quashed the impugned endorsement and remanded the matter to respondent No.2 (Land Tribunal, Bellary) for fresh consideration of Form No.I in accordance with law within four months of receipt of the order. Petition allowed.

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NC: 2025:KHC-D:4342 WP No. 66257 of 2012

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

DATED THIS THE 6^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MRS JUSTICE M.G.UMA

WRIT PETITION NO.66257 OF 2012 (LR-)

BETWEEN:

SHRI. VENKOBA S/O. THIMAPPA DASAR, AGE: 58 YEARS, OCC: AGRICULTURE, R/O. DAMMUR, TQ. & DT: BELLARY.

…PETITIONER

(BY SRI. SABEEL AHMED, ADVOCATE FOR SRI. A. S. PATIL, ADVOCATE)

AND:

THE STATE OF KARNATAKA R/BY ITS SECRETARY, TO THE DEPARTMENT OF REVENUE, M.S. BUILDING, BANGALORE.

V N

BADIGER

HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD

THE LAND TRIBUNAL, BELLARY, REPRESENTED BY ITS CHAIRMAN.

THE TAHASILDAR, BELLARY.

SRI. ANJANEYA SWAMI TEMPLE, DAMMUR, TQ & DT: BELLARY, REPRESENTED BY ITS PRIEST.

…RESPONDENTS

(BY SRI. T.HANUMAREDDY. AGA FOR R1 TO R3; NOTICE TO R4 – SERVED)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION QUASHING THE IMPUGNED ENDORSEMENT DATED 30.07.2011 ISSUED BY THE RESPONDENT NO.3 IN NO.KAM.BHUSA:115/2011-12 AS PER ANNEXURE-C AND SUCH OTHER RELIEFS.

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NC: 2025:KHC-D:4342 WP No. 66257 of 2012

THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: THE HON'BLE MRS JUSTICE M.G.UMA

ORAL ORDER

The petitioner has approached this Court seeking for

the following reliefs:

a. Issue writ of certiorari or any other order or direction quashing the impugned endorsement dated 30.07.2011 issued by Respondent No.3 in No.KAM.BHUSA:115/2011-12 as per Annexure-C.

b. Writ of Mandamus or any other order of direction directing respondents Nos.2 and 3 to pass appropriate orders on the application filed by the petitioner in Form No.I, Annexure-A and to grant occupancy rights of the land in question in his favour.

Heard Sri Sabeel Ahmed, learned counsel for

the petitioner, and Sri T. Hanumareddy, learned AGA for respondent Nos.1 to 3. Perused the materials on record.

The only contention raised by the learned counsel for the petitioner is that, Form No.I was filed before the Tahasildar, Ballari Taluk, seeking confirmation of occupancy right in respect of the land under the Inam Abolition Act. The said application was rejected by the

3 - NC: 2025:KHC-D:4342 WP No. 66257 of 2012

Tahasildar, as per impugned endorsement dated 30.07.2011 produced as per Annexure-C, solely on the ground that, the application was not filed within time and therefore it is not considered.

Learned counsel has produced copy of the Circular dated 09.07.1999, issued by Government of Karnataka through the Under Secretary to the Government, Department of Revenue (Land Reforms). As per the Circular, the time for calling Form No.1 was extended till 30.06.1999. It is stated that the petitioner had filed Form No.1 on 02.03.1999. Therefore the application was well within time from the extended time under the Circular.

Having considered the impugned endorsement

produced as per Annexure-C, the only ground to reject From No.I was that, the application was not within the time. Under such circumstances, I am of the opinion that,

the impugned endorsement is to be quashed and the matter is to be remanded back to the Tahasildar, Ballari

4 - NC: 2025:KHC-D:4342 WP No. 66257 of 2012

for fresh consideration of From No.I, filed by the petitioner in accordance with law. Accordingly, I proceed to pass the following:

ORDER

i. Petition is allowed.

ii. Impugned endorsement dated 30.07.2011 Annexure-C issued by respondent no.3 is quashed and is remanded back to respondent No.2 for fresh consideration of Form No.I filed by the petitioner in accordance with law within four months from the date of receipt of this order.

Sd/(M.G.UMA) JUDGE

EM CT:ANB List No.: 2 Sl No.: 6