K Mahadevu vs State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Mar 28, 2025

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Citation: sooperkanoon.com/1702318
Court: Karnataka Orders High Court
Judge: N S Sanjay Gowda
Decided On: Mar 28, 2025
Case Number: WP/34465/2018

Parties & Advocates

Appellant / Petitioner

K Mahadevu

Respondent

State of Karnataka

Excerpt

.....of the petitioner filed by his father for grant of occupancy rights in respect of the land bearing sy. no.417 of varakodu village and grant occupancy rights in favour of the petitioner marked as annexure-a, etc. this petition, coming on for orders, this day,order was made therein as under:coram: hon'ble mr justice n s sanjay gowdaoral order1. the petitioner had made an application in form-7seeking conferment of occupancy rights. the land tribunal by order dated 09.07.2002 rejected the claim on the ground that the land in question was an inam land and the tribunal had no jurisdiction.2. the petitioner thereafter made an application inform-7a before the deputy commissioner. he submitted that though the application was in form- 7a, the application had been made under the provisions of the mysore religious and charitable inams abolition act, 1955. the deputy commissioner, however, issued an endorsement -3- stating that he was awaiting instructions from the government regarding consideration of such applications and therefore, he was disposing of the application.3. it is the case of the petitioner that thereafter theprovisions of inams abolition act had been amended and an opportunity was granted to the petitioner to file a fresh application and accordingly, on 29.12.2022, the petitioner has made an application, a copy of which is produced along with the memo dated 20.02.2024 before this court.4. learned counsel for the petitioner submits that if a direction is issued to the special deputy commissioner to consider the aforesaid application, the grievance of the petitioner would be addressed.5. in light of the above submission, the special deputycommissioner is directed to consider the application of the petitioner filed on 29.12.2022 as indicated in the memo dated 20.02.2024, as early as possible, at -4- any rate, within a period of six months from the date of receipt of a copy of this order.6. the writ petition is accordingly disposed of. sd/- (n s sanjay.....

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 34465 OF 2018 (LR) BETWEEN:
1. K MAHADEVU S/O LATE KEMPA SHETTY, VARAKODU, VARUNA HOBLI, MYSORE TALUK & DISTRICT-570010. …PETITIONER (BY SRI. K SREEDHAR., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, DR AMBEDKAR VEEDHI, BENGALURU-560 001
Digitally 2. THE DEPUTY COMMISSIONER signed by KIRAN MYSORE DISTRICT KUMAR R Location: MYSORE-570001. HIGH COURT OF KARNATAKA 3. THE LAND TRIBUNAL MYSORE-570004.
4. THE TAHSILDAR AND MUZRAI OFFICER MYSORE-570005. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) -2- THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO CONSIDER THE APPLICATION OF THE PETITIONER FILED BY HIS FATHER FOR GRANT OF OCCUPANCY RIGHTS IN RESPECT OF THE LAND BEARING SY. NO.417 OF VARAKODU VILLAGE AND GRANT OCCUPANCY RIGHTS IN FAVOUR OF THE PETITIONER MARKED AS ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY,

ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

ORAL ORDER

1. The petitioner had made an application in Form-7

seeking conferment of occupancy rights. The Land Tribunal by order dated 09.07.2002 rejected the claim on the ground that the land in question was an inam land and the Tribunal had no jurisdiction.

2. The petitioner thereafter made an application in

Form-7A before the Deputy Commissioner. He submitted that though the application was in Form- 7A, the application had been made under the provisions of the Mysore Religious and Charitable Inams Abolition Act, 1955. The Deputy Commissioner, however, issued an endorsement -3- stating that he was awaiting instructions from the Government regarding consideration of such applications and therefore, he was disposing of the application.

3. It is the case of the petitioner that thereafter the

provisions of Inams Abolition Act had been amended and an opportunity was granted to the petitioner to file a fresh application and accordingly, on 29.12.2022, the petitioner has made an application, a copy of which is produced along with the memo dated 20.02.2024 before this Court.

4. Learned counsel for the petitioner submits that if a direction is issued to the Special Deputy Commissioner to consider the aforesaid application, the grievance of the petitioner would be addressed.

5. In light of the above submission, the Special Deputy

Commissioner is directed to consider the application of the petitioner filed on 29.12.2022 as indicated in the memo dated 20.02.2024, as early as possible, at -4- any rate, within a period of six months from the date of receipt of a copy of this order.

6. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 48

Same Court & Year Karnataka Orders · 2025 Same Parties K Mahadevu vs State of Karnataka Same Judge N S Sanjay Gowda