Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 20417 OF 2025 (LR) BETWEEN: SRI. NAGARAJA S/O KOTRESHAPPA, AGED ABOUT 36 YEARS, R/AT KADLEGUNDI VILLAGE, DEVARABELAKERE POST, DAVANAGERE DISTRICT - 577 002. …PETITIONER (BY SRI. P.H. VIRUPAKSHAIAH, ADVOCATE) AND:
1. THE STATE OF KARNATAKA
Digitally signed by REPRESENTED BY ITS PRINCIPAL SECRETARY, DHARMALINGAM REVENUE DEPARTMENT, Location: HIGH M.S. BUILDING, BANGALORE - 560 001.COURT OF KARNATAKA
2. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT,
3. THE ASSISTANT COMMISSIONER DAVANAGERE SUB-DIVISION,
4. THE TAHSILDAR -2- DAVANAGERE DISTRICT - 577 601.
5. THE LAND TRIBUNAL
DAVANAGERE DISTRICT - 577 601, REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN
THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER
OR DIRECTION IN THE SIMILAR NATURE QUASHING THE ENDORSEMENT BEARING NO. H.O.A.CR 31/2024-25 DATED 16.04.2025 ISSUED BY THE 4TH RESPONDENT AUTHORITY VIDE ANNEXURE-H HOLDING THE SAME IS ILLEGAL AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS -3-
ORAL ORDER
Learned Additional Government Advocate takes notice for all the respondents.
2. Learned counsel for the petitioner submits that
pursuant to directions issued by this Court in W.P.No.28809/2024 dated 09.01.2025, the 4th respondent- Tahsildar has issued an endorsement dated 16.04.2025 stating that the Land Tribunal is to be re-constituted and therefore, it was informed to the petitioner that after the constitution of the Land Tribunal, the case of the petitioner will be taken up for consideration. However, the learned Additional Government Advocate submits on instructions that the Land Tribunal at Harihara Taluk has been constituted.
3. Placing the submission of the Learned AGA on
record, the writ petition stands disposed of, with a direction to respondent No.5-Land Tribunal, Harihara Taluk, to take up the case of the petitioner, in terms of Form 1A at Annexure-E and dispose of the same as expeditiously as possible and at any rate within a period of six months from the date of receipt of a copy of this order. -4-
4. Needless to observe that till the disposal of the
application filed by the petitioner, the respondents, more particularly, respondent No.4-Tahsildar shall not evict the petitioner from the lands in question. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 10 CT: BHK