Sri Madhava vs The Secretary
2023 Latest Caselaw 3711 Kant

                                                -1-
                                                         NC: 2023:KHC:21910
                                                          WP No. 24040 of 2022




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 26TH DAY OF JUNE, 2023

                                             BEFORE

                           THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                           WRIT PETITION NO. 24040 OF 2022 (GM-RES)

                      BETWEEN:

                      SRI. MADHAVA,
                      S/O BABBU GURIKARA,
                      AGED ABOUT 60 YEARS,
                      R/O PANJIKALLU,
                      PANJIKALLU VILLAGE AND POST,
                      BANTWAL TALUK,
                      DAKSHINA KANNADA - 574 211.
                                                                  ...PETITIONER
                      (BY SRI. BHANUPRAKASH V. G., ADVOCATE)

                      AND:

                      1.   THE SECRETARY,
                           DEPARTMENT OF REVENUE,
Digitally signed by        VIKAS SOUDHA,
SHARADA VANI B
                           DR AMBEDKAR VEEDHI,
Location: HIGH
COURT OF                   BANGALORE - 560 001.
KARNATAKA

                      2.   THE DEPUTY COMMISSIONER,
                           DC OFFICE BUILDING,
                           DAKSHINA KANNADA DISTRICT,
                           DAKSHINA KANNADA - 574 211.

                      3.   THE TAHSILDAR,
                           OFFICE OF THE TAHASILDAR,
                           DAKSHINA KANNADA DISTRICT,
                           DAKSHINA KANNADA - 574 211.
                                -2-
                                        NC: 2023:KHC:21910
                                          WP No. 24040 of 2022




4.     THE DEPUTY CONSERVATOR OF FOREST,
       DAKSHINA KANNADA DISTRICT,
       DAKSHINA KANNADA - 574 211.

5.     THE RANGE FOREST OFFICER,
       JODUMARGA, B. C. ROAD,
       BANTWAL TALUK,
       DAKSHINA KANNADA DISTRICT,
       DAKSHINA KANNADA - 574 211.
                                                 ...RESPONDENTS
(BY SMT. SHWETA KRISHNAPPA, AGA)
     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH     THE    IMPUGNED    ENDORSEMENT    BEARING
NO.DCDR/5/2022-23 DATED 28.09.2022 PRODUCED AT
ANNEXURE-A ISSUED BY RESPONDENT NO. 3; TO DIRECT TO
THE THIRD AND FIFTH RESPONDENT TO CONDUCT A JOINT
SURVEY AND IDENTIFY THE PROPERTY OF THE PETITIONER
WHICH WAS GRANTED TO HIM AND TO DEMARCATE THE SAME
AS PRODUCED AT ANNEXURE-H & ETC.,
     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:

                             ORDER

The grievance of the Petitioner is as to some

terminology used in the impugned order which says his

earlier legal battle in W.P.No.16465/2021 (GM-RES) as

has been dismissed. He points out from the judgment

dated 27.01.2022 a copy whereof avails at Annexure-L

that application was not dismissed and therefore,

impugned order is liable to be voided.

NC: 2023:KHC:21910 WP No. 24040 of 2022

2. Learned AGA appearing for the official

Respondents having opposed the Petition initially, now

fairly submits that one need not attach much significance

to the terminology in the impugned order; what one has to

see is the effect of the said order; whatever that be, she

would instruct her clients to look into the grievance of

Petitioner in accordance with law and in a time bound

way, should Court keep all contentions kept open. This is

fair enough.

In view of the above, this Writ Petition is disposed

off. All contentions are kept open.

Till consideration of the subject Representation takes

place and two weeks lapse after the order on such

consideration is communicated to the Petitioner, no

coercive action shall be taken against the Petitioner.

No costs.

Sd/-

JUDGE

Bsv