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CDJ 2026 Kar HC 323 print Preview print print
Court : High Court of Karnataka
Case No : Writ Petition No. 200813 Of 2026 (KLR-RES)
Judges: THE HONOURABLE MR. JUSTICE S. VISHWAJITH SHETTY
Parties : Rajeev Versus The State Of Karnataka, Through Its Principal Secretary, Bangalore & Others
Appearing Advocates : For the Petitioner: Jairaj Kashappa Bukka, Advocate. For the Respondents: R1 to R5, Mallikarjun Sahukar, AGA.
Date of Judgment : 23-03-2026
Head Note :-
Constitution of India - Articles 226 & 227 -
Judgment :-

(Prayer: This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to allow this Writ Petition and thereby a) issue a writ in Nature of Mandamus or any order or directing the 3rd Respondent to consider the letter of the 4th Respondent as per vide Annexure-L dated 13.11.2025; b) issue a writ in nature of mandamus or any order or directing the 2nd Respondent to consider the petitioner representation as per vide Annexure-H dated 26.12.2024; c) issue a writ a nature of mandamus directing to the 3rd respondent to delete the High Court Stay order appearing in the RTC at Column No.11 of Land Sy.No.243 Measuring 13 Acre 34 Guntas situated in Chillargi Village Tq. and Dist. Bidar vide Annexure-M; d) pass any order or direction as this Court deems fit in the circumstance of the case.)

Oral Order

1. This Writ Petition under Articles 226 and 227 of the Constitution of India is filed seeking for the following reliefs:

          "a) Issue a writ in nature of mandamus or any order or directing the 3rd respondent to consider the letter of the 4th respondent as per vide Annexure-L dated 13.11.2025;

          b) Issue a writ in nature of mandamus or any order or directing the 2nd respondent to consider the petitioner representation as per vide Annexure-H dated 26.12.2024;

          c) Issue a writ a nature of mandamus directing to the 3rd respondent to delete the High Court stay order appearing in the RTC at column No.11 of land Sy.No.243 measuring 13 acre 34 guntas situated in Chillargi village tq. and dist. Bidar vide Annexure-M;

          d) Pass any order or direction as this court deems fit in the circumstance of the case."

2. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondent Nos.1 to 5.

3. Petitioner claims to be the owner in possession of the land bearing Sy.No.243 measuring 13 acres 24 guntas out of the total extent of 36 acres 26 guntas situated at Chilargi village, Bidar district. It appears that father of the petitioner had filed W.P.No.16062/1997 before this Court challenging the order passed by the Land Tribunal granting occupancy rights of the aforesaid land and in the said writ petition, an interim order was passed by this Court. Subsequently, it appears that one Pundalikappa also had filed W.P.No.16237/1997 assailing the order of the Land Tribunal and subsequently the writ petitions were allowed and the matter was remitted to the Land Tribunal for fresh consideration of the claim. It appears that in the revenue records of the aforesaid land the interim order passed in the aforesaid writ petitions was entered and the same continued even after disposal of the aforesaid writ petitions. It is under these circumstances, the petitioner had submitted a representation to the jurisdictional Tahasildar to delete the aforesaid entry from the revenue records of the land in question. Considering the said representation, the jurisdictional Tahasildar vide communication dated 13.11.2025 at Annexure-L had requested the Assistant Commissioner to take appropriate action on the same. It appears that the petitioner also had given a separate representation to the Deputy Commissioner who in turn had issued a communication on 10.06.2025 vide Annexure-J to the Assistant Commissioner to take appropriate action. Since the Assistant Commissioner has not taken any action pursuant to the communication at Annexure-J dated 10.06.2025 and Annexure-L dated 13.11.2025, the petitioner is before this Court.

4. Learned Additional Government Advocate submits that if some reasonable time is granted, respondent No.3 - Assistant Commissioner shall take appropriate action pursuant to the communication at Annexure-J dated 10.06.2025 and Annexure-L dated 13.11.2025 and pass appropriate orders in accordance with law.

5. The said submission is placed on record.

6. The Writ Petition is partly allowed and a direction is issued to respondent No.3 - Assistant Commissioner to consider the communications at Annexures-J and L dated 10.06.2025 and 13.11.2025 issued by second and fourth respondents respectively and take appropriate action on the same in accordance with law, as expeditiously as possible, but not later than a period of three months from the date of receipt of copy of this order.

 
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