IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NO.35742/2019 (LR) BETWEEN:
1 . SMT. VENKAMMA S HEGDE W/O LATE RAGHURAM HEGDE AGED ABOUT 75 YEARS.
2 . SMT. SHALINI B HEGDE W/O BALAKRISHNA HEGDE AGED ABOUT 49 YEARS.
3 . NAYANA S PUNJA D/O BALAKRISHNA HEGDE AGED ABOUT 46 YEARS.
4 . PREETHI S SHETTY D/O BALAKRISHNA HEGDE AGED ABOUT 43 YEARS.
ALL ARE RESIDING AT MANDAKERE HOUSE BALKUR VILLAGE, KUNDAPURA TALUK – 576 201.
...PETITIONERS (BY SRI. AJITH ANAND SHETTY, ADVOCATE) AND:
1 . STATE OF KARNATAKA DEPARTMENT OF REVENUE VIKASA SOUDHA DR. AMBEDKAR VEEDHI BANGALORE – 560 001 BY ITS PRINCIPAL SECRETARY.
2. THE LAND TRIBUNAL KUNDAPURA KUNDAPURA TALUK BY ITS SECRETARY – 576 201.
3. ABDUL GANI SAHEB S/O FAKIR SAHEB.
4. JUBEDA W/O ABDUL RAZAK SAHEB AGED ABOUT 60 YEARS.
5 . RAHIL S/O ABDUL RAZAK SAHEB AGED ABOUT 30 YEARS.
6 . REENA D/O ABDUL RAZAK SAHEB AGED ABOUT 30 YEARS.
7 . MEERA SAHEB S/O ADAM SAHEB AGED ABOUT 65 YEARS.
8 . BABU ALIAS UMMAR SAHEB S/O HASAN SAHEB AGED ABOUT 48 YEARS.
9 . KARIM SAHEB S/O FAKIR SAHEB AGED ABOUT 35 YEARS.
10 . JORABHI W/O BHASHA SAHEB AGED ABOUT 60 YEARS.
11 . ASHIKA D/O BHASHA SAHEB, AGED ABOUT 40 YEARS.
12 . JYAHID S/O BHASHA SAHEB AGED ABOUT 35 YEARS.
13 . HASMA D/O BHASHA SAHEB AGED ABOUT 32 YEARS.
14 . HAFIZ S/O BHASHA SAHEB AGED ABOUT 32 YEARS.
RESPONDENTS NO. 3 TO 4 ARE RESIDING AT ULLURU KANDAVARA VILLAGE MUDLAKATTE POST UDUPI DISTRICT – 576 217. (BY SRI. A.C. BALARAJ, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO EXPEDITE THE PROCEEDINGS IN TRI NO.3587, 3586, 3585, 6239, 6888 AND 6885/1977-78 OF KANDAVARA VILLAGE, KUNDAPURA TALUK AND TAKE UP THE EXQUIRY WITHIN ONE MONTH AND DISPOSE OF THE MATTER IN A TIME BOUND MANNER AND IN ACCORDANCE WITH LAW.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri. Ajith Anand Shetty, learned Advocate appearing for petitioners and Sri. A.C.Balaraj, learned Government Advocate appearing for respondents-1 and 2. Perused the papers.
2. Petitioners herein are opposing the claim of respondents- 3 to 14 who have sought for grant of occupancy rights in TIR Nos.3587, 3586, 3585, 6239, 6888 and 6885/1977-78 pending before Land Tribunal, Kundapura Taluk, alleging there is inordinate delay occurring before land tribunal, they have sought for a writ of mandamus to the tribunal to take up enquiry forthwith within one month and to dispose of the matter in a time bound manner.
3. Since, there was no Land Tribunal existing delay has occasioned. Today a memo has been filed by the learned Government Advocate enclosing notification dated 25.09.2019 constituting Land Tribunal for Kundapura Taluk. Hence, by dispensing notice to respondent Nos.3 to 14 direction sought for came to be issued, since no order adverse to the interest of contesting respondent is being passed.
Hence, I proceed to pass the following;
ORDER (1) Writ petition is allowed in part.
(2) Land Tribunal, Kundapura Taluk is directed to dispose of the proceedings pending in TIR Nos.3587, 3586, 3585, 6239, 6888 and 6885/1977-78, expeditiously and at any rate within one year from the date of receipt of copy of this order, subject to both parties co-operating with the Land Tribunal.
SD/- JUDGE RU