SUJAY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned HCGP for State.

(2.) The petitioner is before this Court seeking a writ of mandamus for a direction to respondent Nos.2 and 3 to consider the request made by the petitioner dtd. 20/8/2022 and 29/4/2023 vide Annexure-F.

(3.) It is the case of the petitioner that the grand-father was holding lands in R.S.Nos.53, 54, 56, 62 and 135/1 of Chippalkatti Village, Ramdurg Taluk to an extent of 116 acres 4 guntas. Pursuant to coming into force of the Karnataka Land Reforms Act, 1961 (for short, 'the KLR Act) an application for declaration was filed under Sec. 66 as it was existing the ceiling limits. Based on which, a Waradi was filed to the Revenue Department for division of the properties. It is contended by the learned counsel for the petitioner that respondent No.2 accepted the declaration only to an extent of 56 acres 15 guntas out of 116 acres 4 guntas in R.S.Nos.90, 91, 135/1 and 156 of Chippalkatti Village, Ramadurga Taluk, Belagavi District. The paternal aunt and father of the petitioner filed an appeal before the District Appellate Authority, which was later converted into C.P.(KR) before this Court and thereafter renumbered as WP No.3328/1994. The same came to be disposed of on 21/6/1999, which set aside the order of respondent No.2 and directed respondent No.2 to consider for declaration of name of the grand- father of the petitioner and determine the nature of the land as provided under the provision of Sec. 67 of the KLR Act.