Srikant S/O Mamu Nimbalkar vs The State Of Karnataka
2023 Latest Caselaw 3798 Kant

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                                                            NC: 2023:KHC-D:6432
                                                             WP No. 103909 of 2023




                                   IN THE HIGH COURT OF KARNATAKA,
                                            DHARWAD BENCH

                                DATED THIS THE 28TH DAY OF JUNE, 2023

                                                 BEFORE

                             THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

                             WRIT PETITION NO. 103909 OF 2023 (KLR-RES)

                        BETWEEN:

                             SRI. SRIKANT S/O MAMU NIMBALKAR
                             AGE. 61 YEARS, OCC. AGRICULTURE,
                             R/O. BAINAKWADI, POST. MALIKWAD,
                             TQ. CHIKKODI, DIST. BELAGAVI 591244.
                                                                    ... PETITIONER
                        (BY SRI. SHIVARAJ P MUDHOL, ADVOCATE)

                        AND:

                        1.   THE STATE OF KARNATAKA,
                             R/BY ITS SECRETARY,
                             DEPARTMENT OF REVENUE,
                             M.S. BUILDING, BENGALURU-01.
        Digitally
        signed by
        RAKESH S
        HARIHAR
                        2.   THE DEPUTY COMMISSIONER,
RAKESH Location:
S       High Court
        of Karnataka,
HARIHAR Dharwad
                             BELAGAVI, DIST. BELAGAVI.
        Date:
        2023.07.01
        13:30:32
        +0530
                        3.   THE ASSISTANT COMMISSIONER,
                             CHIKKODI SUB-DIVISION,
                             CHIKKODI, DIST. BELAGAVI.

                        4.   THE TAHASILDAR,
                             CHIKKODI, TQ. CHIKODI,
                             DIST. BELAGAVI.

                        5.   SRI. SANJEEV S/O GANAPATI NIBALKAR,
                             AGE. 35 YEARS, OCC. AGRICULTURE,
                             R/O. BHAINAKWADI, POST. MALIKWAD,
                             TQ. CHIKKODI, DIST. BELAGAVI 591244.
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                                  NC: 2023:KHC-D:6432
                                   WP No. 103909 of 2023




6.   SRI. RAJENDRA S/O MAHADEV NIMBALKAR,
     AGE.41 YEARS, OCC. AGRICULTURE,
     R/O. BHAINAKWADI, POST. MALIKWAD,
     TQ. CHIKKODI, DIST. BELAGAVI-591244.

7.   SRI. RAJU @ RAJEEV S/O GANAPATI NIMBALKAR,
     AGE. 33 YEARS, OCC. PRIVATE SERVICE,
     R/O. BHAINAKWADI, POST. MALIKWAD,
     TQ. CHIKKODI, DIST. BELAGAVI, PIN-591244.

                                         ... RESPONDENTS

(BY SRI. VINAYAK S KULKARNI, AGA FOR R1-R4 NOTICE
DISPENSED WITH)


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO

ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE

RESPONDENTS NO.2,3 AND 4 TO ENTER THE NAME OF THE

PETITIONER IN THE REVENUE RECORDS IN R.S.NO.901/1+2

SITUATED AT BAINAKWADI VILLAGE, CHIKKODI TALUKA,

DIST. BELAGAVI BY CONSIDERING THE APPLICATION DATED

10/3/2023 VIDE ANNEXURE-D.


      THIS   PETITION,   COMING   ON   FOR   PRELIMINARY

HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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                                       NC: 2023:KHC-D:6432
                                         WP No. 103909 of 2023




                             ORDER

1. The petitioner has preferred the instant writ

petition with a prayer to direct the respondent Nos.2 to 4

to enter the name of the petitioner in the revenue records

of the land bearing RS No.901/1+2 measuring 3 acres

situated at Bhainakwadi village of Sadalaga, Chikodi taluk,

Belagavi district.

2. Heard the learned counsel for the parties.

3. It is the case of the petitioner that in a suit for

partition, the petitioner has been allotted the land in

question and the judgment and decree, which was passed

in O.S.No.256/2006 has attained finality after disposal of

the Regular Second Appeal No. 5160/2011, which arose

from O.S.No.256/2006. After disposal of the Regular

Second Appeal No.5160/2011, petitioner had filed

application at Annexure-D dated 10.03.2023, requesting

the respondent No.3 to enter the name of the petitioner in

the revenue records of the land in question. Since the said

representation was not considered, the petitioner is before

this Court.

NC: 2023:KHC-D:6432 WP No. 103909 of 2023

4. Learned counsel for the petitioner submits

that, the entries in the revenue records of the land in

question was made subject to result of

R.S.A.No.5160/2011 by the Division Bench of this Court in

W.A.No.100030/2019 and connected writ appeals, which

was disposed of on 01.07.2019 and now that the Regular

Second Appeal has been disposed of in the favour of

petitioner herein, respondent No.3/Competent Authority is

bound to consider the request made by the petitioner at

Annexure-D.

5. Learned AGA, who was directed to take notice

on behalf of the respondent No.1 to 4 submits that the

representation submitted by the petitioner at Annexure-D

will be considered in accordance with law and appropriate

orders would be passed, if some reasonable time is

granted.

6. Submission is placed on record.

7. Writ Petition is disposed of directing respondent

Nos.3 and 4/Competent Authority to consider the

representation at Annexure-D, submitted by the petitioner

NC: 2023:KHC-D:6432 WP No. 103909 of 2023

in accordance with law as expeditiously as possible, but

not later than a period of three months from the date of

receipt of certified copy of this order.

8. Since Annexure-D is only addressed to

respondent No.3, petitioner is at liberty to give fresh

representation to respondent No.4 along with the copy of

the order passed in this writ petition.

Sd/-

JUDGE

Kgk/Ct:Bck