Karnataka High Court
Sri. Devananth Nayak vs The State Of Karnataka on 22 November, 2023
-1-
NC: 2023:KHC:42103
WP NO.7728 OF 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO.7728 OF 2019 (KLR-RES)
BETWEEN:
SRI. DEVANANTH NAYAK
S/O ANANTHA SRIDHARA NAYAK
AGED ABOUT 51 YEARS,
R/AT "ADALA HOUSE", ALIKE VILLAGE,
BANTWAL TALUK,
DAKSHINA KANNNADA DISTRICT - 574 235.
...PETITIONER
(BY SRI. S. RAJASHEKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
VIDHANA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
Digitally signed by
REP. BY ITS CHIEF SECRETARY.
ARUN KUMAR M S
Location: High
Court of Karnataka 2. THE PRINCIPAL SECRETARY
GOVERNMENT OF KARNATAKA,
REVENUE DEPARTMENT,
M.S. BUILDING,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
3. THE DEPUTY COMMISSIONER
MANGALURU - 575 001.
4. THE ASSISTANT COMMISSIONER
MANGALURU SUB-DIVISION,
MANGALURU - 575 001.
-2-
NC: 2023:KHC:42103
WP NO.7728 OF 2019
5. THE TAHSILDAR
BANTWAL TALUK
B.C. ROAD, JODUMARGA POST,
BANTWAL TALUK - 574 219.
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENT NO.5 TO CONSIDER THE
REPRESNETATIONS DATED 21ST DECEMBER, 2017, 15TH
FEBRUARY, 2018 AND 27TH OCTOBER, 2018 VIDE ANNEXURES
'A', 'B' AND 'C' AND THEREBY DIRECT THE RESPODNENT NO.5
TO HOLD A FRESH ENQUIRY IN CASE NO.NCR SR 315/78-79
WHCIH IS PENDING FOR CONSIDERATION AND DISPOSE IT
OFF IN ACCORDANCE WITH LAW; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the grievance of the petitioner is with
regard to non-consideration of representations dated 21st
December, 2017 (Annexure-A), 15th February, 2018 (Annexure-
B) and 27th October, 2018 (Annexure-C) by the respondent
No.5 in the light of order dated 06th June, 1989 (Annexure-F)
passed by the respondent No.4.
NC: 2023:KHC:42103
WP NO.7728 OF 2019
2. Heard Sri. S. Rajashekar, learned counsel appearing
for the petitioner and Sri. Mohammed Jaffar Shah, learned
Additional Government Advocate appearing for respondents.
3. Sri. Rajashekar, learned counsel appearing for the
petitioner invited the attention of the Court to judgment and
decree passed by the competent Civil Court in Original Suit
No.206 of 1980 dated 05th August, 1986 (Annexure-D), which
came to be confirmed in Regular Appeal No.146 of 1986
(Annexure-E). So also, he refers to order dated 06th June,
1989 (Annexure-F) passed by the respondent No.4, wherein,
direction was issued to the respondent No.5 to take appropriate
decision in the matter in view of the conclusion of title by the
Civil Court in respect of the subject land. Accordingly, he
sought for a direction to the respondent-Authorities.
4. Per contra, Sri. Mohammed Jaffar Shah, learned
Additional Government Advocate appearing for respondents
opposed the submission made by the learned counsel
appearing for the parties.
5. Having taken note of the factual aspects on record, it
is not in dispute that the title in respect of land in question was
NC: 2023:KHC:42103
WP NO.7728 OF 2019
concluded in Original Suit No.206 of 1980 before the Civil Judge
(Jr. Dn.), Bantwal and thereafter, confirmed in Regular Appeal
No.146 of 1986. Respondent No.4 herein having taken note of
the aforementioned aspect, by order dated 06th June, 1989
(Annexure-F), directed the respondent No.5 to take decision in
the matter in view of the conclusion of Civil dispute between
the parties. In that view of the matter, the respondent No.5 is
directed to consider the representations dated 21st December,
2017 (Annexure-A), 15th February, 2018 (Annexure-A) and 27th
October, 2018 (Annexure-C), within an outer limit of two
months from the date of receipt of this order. Accordingly, writ
petition is disposed of.
SD/-
JUDGE
ARK
