The Special Tahsildar vs Sri. Rajanna
2024 Latest Caselaw 3259 Kant

Karnataka High Court

The Special Tahsildar vs Sri. Rajanna on 2 February, 2024

Author: P.S.Dinesh Kumar

Bench: P.S.Dinesh Kumar

                                                     -1-
                                                                    NC: 2024:KHC:4631-DB
                                                                       WA No. 714 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                              DATED THIS THE 2ND DAY OF FEBRUARY, 2024

                                                   PRESENT

                        THE HON'BLE MR P.S.DINESH KUMAR, ACTING CHIEF JUSTICE

                                                     AND

                          THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA

                              WRIT APPEAL NO. 714 OF 2023 (KLR-RES)

                   BETWEEN:

                   1.     THE SPECIAL TAHSILDAR
Digitally signed          KANDAYA BHAVAN
by YASHODHA N
                          BENGALURU SOUTH TALUK
Location: High
Court of                  BENGALURU-560 001.
Karnataka
                   2.     THE TAHSILDAR
                          BENGALURU SOUTH TALUK
                          BENGALURU-560 001.

                   3.     THE ASSISTANT COMMISSIONER
                          BENGALURU SOUTH
                          BENGALURU-560 001.

                   4.     THE DEPUTY COMMISSIONER
                          KANDAYA BHAVAN
                          BENGALURU-560 009.                             ...APPELLANTS

                   (BY SMT. NILOUFER AKBAR, AGA)

                   AND:

                   SRI. RAJANNA
                   S/O NANJUNDAPPA
                   AGED MAJOR
                   R/AT YELACHAGUPPE VILLAGE
                   TAVAREKERE HOBLI
                   BENGALURU-562 130.                                    ...RESPONDENT

                           THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA
                   HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 17.06.2022
                   PASSED IN WP No-10707/2022 BY THE LEARNED SINGLE JUDGE AND
                                        -2-
                                                           NC: 2024:KHC:4631-DB
                                                              WA No. 714 of 2023




DISMISS THE SAID WP WITH EXEMPLARY COST AND ISSUE ANY OTHER
ORDER / DIRECTIONS AS THIS HONBLE COURT DEEM FIT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.


       THIS     WA,      COMING        ON    FOR    ORDERS,       THIS       DAY,
ACTING CHIEF JUSTICE, DELIVERED THE FOLLOWING:


                                 JUDGMENT

Heard Ms.Niloufer Akbar, learned AGA on both delay

and merits.

2. This appeal by the State Government is filed belatedly,

with delay of 339 days, challenging the order dated

July 17, 2022 in W.P.No.10707/2022 passed by the

Hon'ble Single Judge.

3. Directions issued by the Hon'ble Single Jude read as

follows:

"2. In view of the fact that the petitioners contend that there is an order of Special Deputy Commissioner in their favour, it would be incumbent on the part of the Tahsildar to consider the representations dated 08.03.2022 made by each of the petitioners in these writ petitions and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order."

4. By the above directions, the State Government was

required to consider representations. Having heard this writ

appeal on both delay and merits, we find no ground to interfere.

NC: 2024:KHC:4631-DB

Accordingly, this appeal stands dismissed. Consequently,

I.A.No.1/2023 also stands dismissed.

5. In view of disposal of this appeal, pending interlocutory

applications, if any, do not survive for consideration and they

stand disposed of.

No costs.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

AV