Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.27376/2019 (LR) BETWEEN:
SHRI. S. HANUMANTHA RAO S/O LATE VENKOBA RAO AGED ABOUT 89 YEARS R/O SHEERIHALLI VILLAGE SHIKARIPUARA TALUK SHIVAMOGGA DISTRICT.
REPARESENTED BY HIS GPA HOLDER: H. SRINIVASA MURTHY S/O JAYACHAR AGED ABOUT 80 YEARS R/O "BHARANTESHAKRUPA" 3RD CROSS, URAGADURU SHIVAMOGGA CITY – 577 203.
(BY SRI. SHEELAVATHI K, ADVOCATE) AND:
1 . STATE OF KARNATAKA BY IT’S CHIEF SECRETARY VIDHANA SOUDHA BENGALURU – 560 001.
2 . STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT BENGALURU – 560 001.
3 . THE LAND TRIBUNAL SHIKARIPURA TALUK ...PETITIONER SHIKARIPURA SHIVAMOGGA DISTRICT – 577 203 BY ITS SECRETARY.
4 . HANUMANTHAPPA S/O LATE BASAVANAHATAPPA R/O SHREEHALLI VILLAGE SHIKARIPURA TALUK SHIVAMOGGA DISTRICT -577 203.
…RESPONDENTS (BY SRI. A.C. BALARAJ, AGA FOR R-1 TO R-3;
R-4 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1, 2 AND 3 TO DISPOSE OF THE APPLICATION IN DISPUTE AT THE EARLIEST WHICH IS PENDING SINCE 1975-76 BEFORE THE R-3 VIDE ANNEXURE-B.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Smt.Sheelavathi, learned Advocate appearing for petitioner and Sri Balaraj, learned AGA appearing for respondents-1 to 3.
2. Inaction of Land tribunal in adjudicating the dispute pending in LRT CR.6/75-76 has perforced the petitioner to approach this court seeking for a writ of mandamus being issued to respondents to dispose of said dispute within a time frame.
3. Perusal of case papers would disclose that even on earlier occasion, this court in W.P.No.16782/1998 disposed of on 11.06.1998 (Annexure-D) had directed the Land Tribunal to dispose of the matter within four months, which seems to have gone unnoticed. This Court way back on 30.09.2008 disposed of W.P.No.12543/2008 whereunder it had directed the appropriate Government to reconstitute the tribunal.
4. Learned AGA appearing for respondents-1 to 3 has filed a memo on 26.09.2019 enclosing therewith notification dated 25.09.2019 whereunder president and members to the Land Tribunal for Shirakaripura Taluk have been nominated. Said memo along with enclosures are placed on record.
5. In that view of the matter, I proceed to pass the following:
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