IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No. 25213 OF 2018 (LR) BETWEEN:
Basavaraju S/o Late Channaveerappa, Aged about 65 years, Residing at Eravalli Village, Sathnooru Hobli, Kankapura Taluk, Ramanagar District-562 128. ... PETITIONER (By Sri. Surendra Kumar N., Advocate) AND:
1. The Chief Secretary, Government of Karnataka, Department of Revenue, Dr. Ambedkar Road, Vidhana Veedhi, Bengaluru-560 001.
2. The Deputy Commissioner, Ramanagar District, Ramanagar-562 128.
3. The Assistant Commissioner, Ramanagara, Ramanagar District-562 128.
4. The Tahasildar, Ramanagara, Ramanagara Taluk-562 128. ... RESPONDENTS This Writ Petition is filed under Article 226 of the Constitution of India, praying to direct the respondents, and the respondent No.2 in particular Deputy Commissioner to grant occupancy right in respect of the land measuring 8 guntas in survey No.85, 5 acres and 22 guntas in Sy.No.92, 2 acres and 35 guntas in survey No.93 of Gerehalli Village endowed to the deity of Basaveshwara Temple situated at Gerehalli Village Sathnoor Hobli, Kanakapura Taluk, Ramanagar District pursuant to the representation given by the petitioner’s father and the petitioner produced at Annexure-C dated 28.07.1978, Annexure-D dated 10.06.2003 and Annexure-E dated 16.04.2015.
This Writ Petition coming on for Orders, this day, the Court made the following:
ORDER Learned AGA takes notice for respondents 1 to 4.
2. Petitioner herein is seeking a writ of mandamus to direct the respondents, in particular, 2nd respondent to consider grant of occupancy right in respect of land measuring 8 guntas in Sy.No.85, 5 acres 22 guntas in Sy.No.92 and 2 acres 35 guntas in Sy.No.93 of Gerehalli village, which according to him was endowed to the deity of Basaveshwara Temple situated at Gerehalli village, Sathnoor Hobli, Kanakapura Taluk, Ramnagar District, which is not a party to these proceedings.
3. It is contended by the petitioner that an application was filed on 28.07.1978 under the Mysore Religious and Charitable (Inams Abolition) Act, 1956, is not considered by the authorities till today.
4. Though the said application was filed according to him in the year 1978, no steps have been taken by the petitioner till today in pursuing the said application for consideration by the authorities. Therefore, in the fact situation of this case, the question of issuing direction to the authorities at this belated stage does not arise.
5. Hence, writ petition is dismissed on the ground of delay and latches.
Sd/- JUDGE Srl.