Case Note & Summary
The petitioner, Abdul Rehman S/o Gousuddin Bidri, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Kalaburagi Bench, seeking a writ of mandamus to direct the Deputy Commissioner, Assistant Commissioner, and Tahsildar (respondents) to consider his representations dated 15.11.2021, 16.11.2021, 13.09.2022, and 16.09.2022 (Annexures K, L, M, and N). The petitioner claimed to be the owner in possession of land bearing Sy.No.5/2 measuring 27 guntas and 5/8 measuring 27 guntas situated at Kahanapur K village, Basavakalyan Taluk, Bidar District. He had filed an application under Section 95(2) of the Karnataka Land Revenue Act, 1964, seeking conversion of the land from agricultural to non-agricultural use. The respondents had not taken any action on his representations, prompting the petitioner to approach the High Court. The court noted that the learned High Court Government Pleader accepted notice for the respondents. The court observed that the petitioner had made representations and that the respondents were bound to consider them in accordance with law. Without expressing any opinion on the merits of the case, the court disposed of the writ petition with a direction to the respondents to consider the representations and pass appropriate orders in accordance with law within three months from the date of receipt of the order. The court also clarified that the petitioner should produce a copy of the order along with the representations before the respondents.
Headnote
A) Constitutional Law - Writ of Mandamus - Direction to Consider Representation - Petitioner sought mandamus to direct respondents to consider representations for conversion of land use under Section 95(2) of the Karnataka Land Revenue Act, 1964 - Court held that the respondents are bound to consider the representations in accordance with law and disposed the petition with a direction to consider and pass orders within three months from the date of receipt of the order (Paras 1-5).
Issue of Consideration
Whether the respondents can be directed to consider the petitioner's representations seeking conversion of land use under Section 95(2) of the Karnataka Land Revenue Act, 1964, within a stipulated time frame.
Final Decision
The writ petition is disposed of with a direction to the respondents to consider the representations dated 15.11.2021, 16.11.2021, 13.09.2022, and 16.09.2022 made by the petitioner and pass appropriate orders in accordance with law within three months from the date of receipt of the order. The petitioner is directed to produce a copy of the order along with the representations before the respondents.
Law Points
- Mandamus
- Consideration of representation
- Statutory duty
- Reasonable time
- Section 95(2) Karnataka Land Revenue Act
- 1964
