Sri Thimmarayappa vs the State of Karnataka - Court Judgment

SooperKanoon Citationsooperkanoon.com/1737310
CourtKarnataka Orders High Court
Decided OnMar-28-2025
Case NumberWP/20774/2024
JudgeN S Sanjay Gowda
AppellantSri Thimmarayappa
RespondentThe State of Karnataka
Excerpt:
-1-in the high court of karnataka at bengalurudated this the 28th day of march, 2025 before the hon'ble mr justice n s sanjay gowda writ petition no. 20774 of 2024 (klr-rr/sur) between:1. sri thimmarayappas/o late doddavenkatappa, aged about 69 years, r/at devarahalli village, dinnahalli post, masthi hobli, malur taluk-563139 (senior citizen benefit not claimed) …petitioner (by sri. lourdu mariyappa a., advocate) and:1. the state of karnatakarepresented by its secretary, department of revenue, digitally signed by m.s.building, kiran dr.ambedkar veedhi, kumar r location: bengaluru-560001. high court of karnataka2. the deputy commissioner district office,3. the assistant commissioner kolar sub division, kolar taluk, -2-4. the thasildar maluru taluk-563130 …respondents (by sri. manjunath.k., hcgp) this wp is filed under articles 226 and 227 ofthe constitution of india, praying to issue writ of mandamus, thereby to consider the representation given by the petitioner as on 24/06/2024. the representation dated 24/06/2024 to the second respondent authority as annexure-o. the representation dated 24/06/2024 to the third respondent authority as ann-p. the representation dated 24/06/2024 to the fourth respondent authority as ann-q. pertaining to the, in respect of the land bearing sy. no. 33 measuring 2-00 acres 20-0 guntas of land in devanahlli village, masthi hoblim malur taluk, kolar district, etc. this petition, coming on for preliminary hearing, this day, order was made therein as under: coram: hon'ble mr justice n s sanjay gowdaoral order1. the prayer in this writ petition is to issue a directionto the respondents to consider the representation submitted by the petitioner, whereby a request has been made for conducting the podi and the durasthi of the land bearing sy.no.33 measuring 2 acres 20 guntas. -3-2. learned aga, on instructions, submits that if reasonable time is granted, the authorities would conduct the podi and durasthi.3. in the light of the said submission, respondent no.4-tahsildar is directed to reconsider the request of the petitioner for conducting the podi and the durasthi within a period of three months from the date of receipt of the copy of this order in accordance with law.4. it is needless to state that nothing said in this ordershall be construed as rendering any opinion on the merits of the claim of the petitioner.5. this petition is accordingly disposed of.6. in view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. sd/- (n s sanjay gowda) judge gsr,list no.: 1 sl no.: 3
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. 20774 OF 2024 (KLR-RR/SUR) BETWEEN:

1. SRI THIMMARAYAPPA

S/O LATE DODDAVENKATAPPA, AGED ABOUT 69 YEARS, R/AT DEVARAHALLI VILLAGE, DINNAHALLI POST, MASTHI HOBLI, MALUR TALUK-563139 (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI. LOURDU MARIYAPPA A., ADVOCATE) AND:

1. THE STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, Digitally signed by M.S.BUILDING, KIRAN DR.AMBEDKAR VEEDHI, KUMAR R Location: BENGALURU-560001. HIGH COURT OF KARNATAKA

2. THE DEPUTY COMMISSIONER DISTRICT OFFICE,

3. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION, KOLAR TALUK, -2-

4. THE THASILDAR MALURU TALUK-563130 …RESPONDENTS (BY SRI. MANJUNATH.K., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS, THEREBY TO CONSIDER THE REPRESENTATION GIVEN BY THE PETITIONER AS ON 24/06/2024. THE REPRESENTATION DATED 24/06/2024 TO THE SECOND RESPONDENT AUTHORITY AS ANNEXURE-O. THE REPRESENTATION DATED 24/06/2024 TO THE THIRD RESPONDENT AUTHORITY AS ANN-P. THE REPRESENTATION DATED 24/06/2024 TO THE FOURTH RESPONDENT AUTHORITY AS ANN-Q. PERTAINING TO THE, IN RESPECT OF THE LAND BEARING SY. NO. 33 MEASURING 2-00 ACRES 20-0 GUNTAS OF LAND IN DEVANAHLLI VILLAGE, MASTHI HOBLIM MALUR TALUK, KOLAR DISTRICT, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA

ORAL ORDER

1. The prayer in this writ petition is to issue a direction

to the respondents to consider the representation submitted by the petitioner, whereby a request has been made for conducting the podi and the durasthi of the land bearing Sy.No.33 measuring 2 acres 20 guntas. -3-

2. Learned AGA, on instructions, submits that if reasonable time is granted, the Authorities would conduct the podi and durasthi.

3. In the light of the said submission, respondent No.4-

Tahsildar is directed to reconsider the request of the petitioner for conducting the podi and the durasthi within a period of three months from the date of receipt of the copy of this order in accordance with law.

4. It is needless to state that nothing said in this order

shall be construed as rendering any opinion on the merits of the claim of the petitioner.

5. This petition is accordingly disposed of.

6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR,List No.: 1 Sl No.: 3