IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.56325/2013 (LR-RES) BETWEEN DR. SHASHIKALA URANKAR D/O LATE M ANANDAPPA URANKAR AGED ABOUT 54 YEARS R/O S.K. URANKAR FARM ANAVATTI, SORABA TALUK DISTRICT ;SHIMOGA ... PETITIONER (BY SRI PRAMOD KATHAVI N, ADVOCATE) AND 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIKASA SOUDHA DR AMBEDKAR VEEDHI BANGALORE 560 001 BY ITS PRINCIPAL SECRETARY 2. THE LAND TRIBUNAL BY ITS CHAIRMAN, ASSISTANT COMMISSIONER SORABA TALUK SORABA DISTRICT SHIMOGA -577 429 3. SRI SOMASHEKARAGOWDA @ SOMASHEKHARAPPA S/O RAJASHEKHARAGOUDA AGED ABOUT 80 YEARS R/O HIRALI VILLAGE, HOSABALE TALUK SORABA DISTRICT SHIMOGA-577429 ... RESPONDENTS (BY SMT.B.P.RADHA, AGA FOR R1 & R2, VIDE ORDER DATED 16.07.2019, WP AGAINST R3 IS ABATED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS PERTAINING TO TNCVR 7/74-75, PENDING ON THE FILE OF THE LAND TRIBUNAL, SORABA DISTRICT, SHIMOGGA AND DIRECT THE LAND TRIBUNAL, SORABA DISTRICT, SHIMOGGA TO DISPOSE OF THE PROCEEDINGS IN TNCVR 7/74-75, AS PER ANNEXURE-C, PENDING BEFORE IT, STRICTLY IN TERMS OF THE ORDERS OF THIS HON'BLE COURT DTD.23.7.1998 PASSED IN CIVIL PETITION NO.57 OF 1997 AS PER ANNEXURE-A AND WITHIN SUCH PERIOD AS THIS HON'BLE COURT DEEMS FIT, PROPER, NECESSARY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This writ petition is filed seeking three reliefs; first of them is calling for records pertaining to proceedings bearing No.TNCVR.7/1974-75 on the file of the Land Tribunal, Soraba, Shimogga District; second one is directing the Registry of this Court to transmit the entire records pertaining to aforesaid proceedings received by it from the office of the Land Tribunal, Soraba, in connection with Civil Petition No.57/1997 to the office of the Land Tribunal, Soraba, Shivamogga District, as expeditiously as possible;
and the third one is to issue a writ or direction in the nature of mandamus in directing the Land Tribunal, Soraba, to dispose of the proceedings in No.TNCVR.7/1974-75 in terms of the order of this Court in Civil Petition No.57/1997, dated 23.7.1998 which is at Annexure-A to this writ petition.
2. When this matter is taken up for consideration, learned counsel for the petitioner would submit that first prayer sought in this writ petition is already complied in securing the records from the Land Tribunal, Soraba. So far as second prayer is concerned, the same also does not survive for consideration as this Court by order dated 24.2.2014 sent the entire records in No.TNCVR.7/1974-75 to the office of the Land Tribunal, Soraba, on 14.3.2014 vide No.DB.II.131/DS/B. Therefore, what remains to be considered is a direction to the Land Tribunal, Soraba, to dispose of the proceedings pending before it in No.TNCVR.7/1974-75 pursuant to the observations made by the Co-ordinate Bench of this Court in Civil Petition No.57/1997 in its order dated 23.7.1978.
3. In that view of the matter, this writ petition is disposed of with a direction to 2nd respondent – Land Tribunal, Soraba, to take up the proceedings in No.TNCVR.7/1974-75 and to dispose of the same on merits at the earliest as observed by this Court in Civil Petition No.57/1997 on 23.7.1998. While disposing of this writ petition this Court would further observe that the remanded matter shall be taken up for consideration and dispose of the same within 120 days from the date of this order.
4. At this juncture, the learned Additional Government Advocate would bring to the notice of this Court that no Land Tribunal is constituted at Soraba Taluk, Shivamogga District and that, immediately after constitution of the same and within 120 days there from, the proceedings with reference to the petitioner would be disposed of by the said Tribunal. His submission is placed on record. Accordingly, this petition is disposed off.
nd/-
Sd/- JUDGE