Allowed¶33

H R Shantha v. the State of Karnataka

Karnataka HC11 Mar 2025WP/6984/2025

Case brief

AI extract

What is this about?

Mandamus to consider citizen's representations within reasonable time; representations dated 24.01.2025 and 27.01.2025 for permission to sell converted granted land unanswered for over a month; direction to decide within 15 days; writ petition under Articles 226 and 227, Constitution of India; SCST category; references to Dispute No.Ani(H&M)/D2/NMD/29/2023-24 and Co-Op. Appeal No.74/20025 (Karnataka Appellate Tribunal); petition allowed.

What did the court decide?

Mandamus issued directing respondents to consider the petitioner's representations dated 24.01.2025 and 27.01.2025 (Annexures-A and B) within 15 days from the date of receipt of a copy of the order. ¶33

H R Shantha Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Mandamus issued directing respondents to consider the petitioner's representations dated 24.01.2025 and 27.01.2025 (Annexures-A and B) within 15 days from the date of receipt of a copy of the order.

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Issue for consideration

Whether the respondents were required to consider and pass appropriate orders on the petitioner's representations dated 24.01.2025 and 27.01.2025 within a reasonable period of time, and whether a mandamus should issue to that effect.

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Court's answer

An Authority to whom a citizen submits a representation is required to consider it and pass appropriate orders within a reasonable period of time; in this case, no order was passed for more than a month, which is not a reasonable period of time.

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Ratio / Principle

A mandamus was issued directing the respondents to consider the petitioner's representations dated 24.01.2025 and 27.01.2025 (Annexures-A and B) within a period of 15 days from the date of receipt of a copy of the order.

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Detailed headnote1 paragraphs

Writ Petition (SCST), High Court of Karnataka (Suraj Govindaraj J., Oral Order, 11.03.2025): The petitioner, seeking permission to sell converted granted land, had submitted representations dated 24.01.2025 and 27.01.2025 to the Chief Secretary and the Principal Secretary (Revenue) (Annexures-A and B), on which no order was passed for over a month. Held that whenever a representation is submitted by a citizen to any Authority, the Authority is required to consider it and pass appropriate orders within a reasonable period of time, and that silence beyond a month is not reasonable. Petition allowed; mandamus issued to the respondents to consider the representations within 15 days of receipt of a copy of the order. The prayers for certiorari against the order dated 24.02.2025 in Dispute No.Ani(H&M)/D2/NMD/29/2023-24 (Annexure-J) and the order dated 05.03.2025 of the Karnataka Appellate Tribunal in Co-Op. Appeal No.74/20025 (Annexure-M) are not dealt with in the operative order.

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1 - NC: 2025:KHC:10328 WP No. 6984 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF MARCH, 2025 BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 6984 OF 2025 (SCST)

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BETWEEN:

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H R SHANTHA W/O. SRI G H CHANNAKESHAVAIAH AGED ABOUT 68 YEARS, R/AT ROOPASHRI NILAYA, KHB COLONY, GUBBI TOWN, GUBBI TALUK, TUMKUR DISTRICT- 572 716

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…PETITIONER

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(BY SRI. H.N. SHASHIDHAR., SENIOR ADVOCATE FOR; SRI. SUHAS H S.,ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI BANGALORE- 560 001.

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE- 560 001

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THE DEPUTY COMMISSIONER TUMKURU DISTRICT, TUMKURU-571112.

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…RESPONDENTS

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(BY SRI. BHOJEGOWDA T. KOLLER., AGA FOR R1 TO R3)

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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 TO THE RESPONDENTS DIRECTING THEM TO CONSIDER THE REPRESENTATIONS DTD. 24.01.2025 AND 27.01.2025 MADE TO

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2 - NC: 2025:KHC:10328 WP No. 6984 of 2025

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THE R-1 AND 2 VIDE ANNX-A AND B TO THE WRIT PETITION AND TO GRANT TO PERMISSION TO THE PETITIONER AND ETC.

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

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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Learned AGA accepts notice for respondents No.1 to 3.

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

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a. Issue writ in the nature of certiorari quashing the order dated 24.02.2025 passed by the Respondent No.1 in Dispute No.Ani(H&M)/D2/NMD/29/2023-24 produced at Annexure-J in the interest of justice and equity.

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b. Issue a writ in the nature of certiorari quashing the order dated 05.03.2025 passed on IA no.1 in Co-Op. Appeal No.74/20025 by the Hon’ble Karnataka Appellate Tribunal produced at Annexure-M in the interest of justice and equity.

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c. Issue such other appropriate writ, order or direction as this Hon’ble Court deems fit under the circumstances of the case in the interest of justice and equity.

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The petitioner submitted representations dated 24.01.2025 and 27.01.2025 to respondents No.1 and 2 respectively at Annexures-A and B seeking for permission to sell the converted granted land. The respondents not

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3 - NC: 2025:KHC:10328 WP No. 6984 of 2025

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having acted on the said representations and not having passed any order, the petitioner is before this court seeking for the aforesaid reliefs.

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Whenever any representation is submitted by a citizen to any Authority, said Authority is required to consider and pass appropriate orders within a reasonable period of time. The representations having been submitted on 24.01.2025 and 27.01.2025, no order has been passed for more than a month which is not a reasonable period of time.

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In that view of the matter, I pass the following:

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ORDER

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i. The Petition is allowed.

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ii. A mandamus is issued directing respondents to consider the representations of the petitioner dated 24.01.2025 and 27.01.2025 at Annexures-A and B within a period of 15 days from the date of receipt of copy of this order.

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Sd/(SURAJ GOVINDARAJ) JUDGE

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LN,List No.: 2 Sl No.: 10

H R Shantha v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

H R Shantha 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

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