M.S BUILDING, DR. AMBEDKAR VEEDHI v. (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4)
Case at a glance
Outcome
Allowed
The writ petition is allowed
Provisions considered
Key paragraphs
- Para 55. It was incumbent upon the respondents to have considered said applications and passed appropriate orders within a reasonable period of time. Having regard to the delay and inaction on the part of the respondents, I pass the following: ORDER i. The writ petition is…
Judgment
(BY SRI. B.C.JNANAYYA SWAMI, ADVOCATE) AND:
THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO THE REVENUE DEPARTMENT, M.S BUILDING, DR. AMBEDKAR VEEDHI, …PETITIONERS - 4 - NC: 2025:KHC-D:12037 WP No. 103237 of 2023 HC-KAR BANGALORE-560001.
THE DEPUTY COMMISSIONER KOPPAL DISTRICT, KOPPAL-583231.
THE REGULARISATION OF UNATHORISED COMMITTEE, REPRESENTED BY ITS CHAIRMAN, KUSHTAGI-584121.
THE TAHSILDAR KUSHTAGI -584121, DIST. KOPPAL. (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4) …RESPONDENTS THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE TAHSILDAR, KUSTAGI/ RESPONDENT NO. 4 TO CONSIDER THE APPLICATIONS OF THE PETITIONER AS PER ANNEXURE-C TO C16 IN RESPECT OF LAND BEARING SY. NOS. 12, MEASURING 56 ACRE 15 GUNTA SITUATED AT KYADAGUMPA VILLAGE, KUSHTAGI TQ, KOPPAL DIST. IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned AGA is directed to take notice for Respondent Nos. 1 to 4. - 5 - NC: 2025:KHC-D:12037 WP No. 103237 of 2023 HC-KAR
2. The petitioners are before this Court seeking for the following reliefs: a. To issue a writ in the nature of certiorari to quash the impugned order passed by the Tahsildar, Kustagi/ Respondent No.4 to consider the applications of the petitioner as per Annexure-C to C16 in respect of Land bearing SY. Nos. 12, measuring 56 acre 15 gunta situated at Kyadagumpa Village, Kushtagi Tq, Koppal Dist., in the interest of justice and equity. b. Grant such other reliefs that this Hon’ble Court may deems fit in the circumstances of the case, in the interest of justice and equity.
3. The grievance of the petitioners applications submitted by them, as per Annexures C to C16, seeking regularisation of their unauthorised occupation of portions of Survey No. 12 of Kyadagumpa village, Kushatagi Taluk, have not been considered.
4. A perusal of the documents indicates that the applications in Annexure C series were submitted as early as the year 2019. It is rather surprising that - 6 - NC: 2025:KHC-D:12037 WP No. 103237 of 2023 HC-KAR such applications are still pending even after a lapse of six years.
Operative part
It was incumbent upon the respondents to have considered said applications and passed appropriate orders within a reasonable period of time. Having regard to the delay and inaction on the part of the respondents, I pass the following: ORDER i. The writ petition is allowed. ii. A writ of mandamus is issued directing Respondent No. 4 consider petitioners’ applications at Annexures C2 to C16, in accordance with law, and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. - 7 - NC: 2025:KHC-D:12037 WP No. 103237 of 2023 HC-KAR iii. It is made clear that this Court has not expressed any opinion on the merits or entitlement of the petitioners. Sd/- (SURAJ GOVINDARAJ) JUDGE VB Ct:pa List No.: 1 Sl No.: 45
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition is allowed
Which statutory provisions did this judgment involve?
Constitution of India.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.