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NC: 2024:KHC-D:16018
WP No. 105286 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
TH
DATED THIS THE 30 DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 105286 OF 2024 (KLR-RES)
BETWEEN:
SMT. VIJAYALAKSHMI W/O. RAJU AMBORE,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O. MARATHA COLONY, DHARWAD-580008.
…PETITIONER
(BY SRI. KAMALAKAR M.S., ADVOCATE FOR
SRI. SHRIKANT T. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY DEPUTY COMMISSIONER,
DAHRWAD-580001.
2. THE TAHSILDAR, DHARWAD,
TAHASILDAR OFFICE,
NEAR BASAL MISSION SCHOOL,
MALLIKARJUN
RUDRAYYA
KALMATH DHARWAD-580001.
Location: HIGH
COURT OF
KARNATAKA 3. SHRI. REVENUE INSPECTOR,
DHARWAD
BENCH
AMBALIKOPPA VILLAGE,
HOBLI-DHARWAD, TQ: & DIST: DHARWAD-580118.
…RESPONDENTS
(BY SRI. JAIRAM SIDDI, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
A WRIT OF MANDAMUS MAY BE ISSUED TO RESPONDENTS TO
CONSIDER THE REPRESENTATION OF THE PETITIONER HEREIN
VIDE ANNEXURE-B, D TO L DATED 14/9/2020, 20/06/2022,
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WP No. 105286 of 2024
28/07/2022, 6/10/2022, 16/3/2024, 03/06/2024, 28/06/2024
& 02/04/2024 IN THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
Heard learned counsel for the petitioner and learned
HCGP for respondents No.1 to 3.
2. Petitioner is the owner of agricultural land bearing
Block No.32/4, measuring 8 acre 10 guntas situated at
Ambalikoppa village, taluka and district Dharwad. She
purchased the same by way of a registered Sale Deed
dated 13.07.2007 from one Sri Basappa S/o.
Shivalingappa Murkatti and pursuant thereto the petitioner
has been cultivating the land from the year 2007. It is the
contention of petitioner that despite purchase of property
from the vendor, the name of vendor still finds place at
Column No.12 in the record of rights and an extent of 2
acre 6 gunta is mentioned as “A” kharab land out of 8 acre
10 gunta by the revenue authorities.
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NC: 2024:KHC-D:16018
WP No. 105286 of 2024
3. Petitioner made a representation on 14.09.2020 to
the Tahashildar, Dharwad i.e., respondent No.2 herein to
delete the name of vendor from Column No.12 of the
record of rights and so also with regard to the “A” kharab
land mentioned as 2 acre 6 gunta. Despite representation
made, no action is taken up by respondents No.1 to 3.
Hence, the petitioner is before this Court seeking a writ of
nd
mandamus for a direction to the 2 respondent to
consider the representation and pass suitable orders.
Per Contra
4. , the learned HCGP contends that if any
such representation is made by the petitioner, same will
be considered in accordance with law, if otherwise
petitioner is entitled. The said submission is placed on
record. Accordingly, I pass the following :
ORDER
(i) Petition is allowed.
(ii) Writ of mandamus is issued to respondent
No.2 to consider the representations of the
petitioner vide Annexures-B and D to L
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NC: 2024:KHC-D:16018
WP No. 105286 of 2024
and pass suitable orders in accordance
with law.
(iii) The said process shall be completed within
a period of four weeks from the date of
receipt of copy of this order.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
CKK
CT-MCK
List No.: 1 Sl No.: 34