Case Note & Summary
The petitioner, Smt. Prema Venkatesh, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus to direct the respondents, namely the Deputy Commissioner of Chickaballapura, the Tahsildar of Chickaballapura, and the Commissioner for Survey Settlement and Land Records, Bengaluru, to consider her representations dated 13.7.2015, 6.3.2017, and 19.11.2018. The petitioner claimed to be the grantee of land bearing Sy.No.28/P1 of Yellodu village, Kasaba Hobli, Gudibande Taluk, Chickaballapura District, measuring 3 acres 20 guntas, under Darkasth. A saguvali chit was issued on 5.3.1987, and the land was mutated in her name in the Record of Rights. She had also paid taxes. Despite her representations seeking survey, phodi, and fixing huddubust, the respondents had not taken action. The Tahsildar had addressed a letter to the Range Forest Officer seeking objections and prepared an office note, but no final decision was made. The court, after hearing the petitioner's counsel and the government advocate, observed that the representations were pending for a long time. The court directed the respondents to consider the representations and pass appropriate orders within three months from the date of receipt of the order, after giving an opportunity of hearing to the petitioner. The writ petition was disposed of accordingly.
Headnote
A) Constitutional Law - Writ of Mandamus - Delay in Consideration of Representation - Petitioner sought mandamus to direct respondents to consider representations for survey, phodi, and fixing huddubust of land granted under Darkasth - Held that where a party has made representations and the authority has not disposed of them within a reasonable time, a writ of mandamus can be issued to direct consideration (Paras 1-4).
Issue of Consideration
Whether the respondents are obligated to consider the petitioner's representations for survey, phodi, and fixing huddubust in respect of land granted under Darkasth.
Final Decision
The writ petition is disposed of with a direction to respondents 1 to 3 to consider the representations dated 13.7.2015, 6.3.2017, and 19.11.2018 and pass appropriate orders within three months from the date of receipt of the order, after giving an opportunity of hearing to the petitioner.
Law Points
- Mandamus
- Darkasth grant
- phodi
- survey
- huddubust
- representation
- delay
- Article 226
- Article 227
Case Details
2019 LawText (KAR) (04) 36
Writ Petition No.2372/2019 (KLR-RES)
Sri Kaleemullah Shariff (for petitioner), Sri Venkatesh Dodderi, AGA (for respondents)
The Deputy Commissioner, Chickaballapura District; The Tahsildar, Chickaballapura District; The Commissioner, For Survey Settlement, and Land Records, Bengaluru
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Nature of Litigation
Writ petition seeking mandamus for consideration of representations for survey, phodi, and fixing huddubust of land.
Remedy Sought
Direction to respondents to consider representations dated 13.7.2015, 6.3.2017, and 19.11.2018 for surveying, phodi, and fixing huddubust of land Sy.No.28/P1.
Filing Reason
Respondents failed to consider petitioner's representations for survey and phodi of her Darkasth granted land.
Issues
Whether the respondents are obligated to consider the petitioner's representations for survey, phodi, and fixing huddubust in respect of land granted under Darkasth.
Submissions/Arguments
Petitioner argued that she is the grantee of land under Darkasth, saguvali chit issued, mutation effected, and tax paid, but respondents have not considered her representations for survey and phodi.
Respondents did not file any objection; government advocate appeared.
Ratio Decidendi
Where a party has made representations to statutory authorities and the authorities have not disposed of them within a reasonable time, a writ of mandamus can be issued directing the authorities to consider and dispose of the representations in accordance with law.
Judgment Excerpts
Petitioner herein is seeking mandamus to respondents 1 to 3... for surveying, phodi and fixing Huddubust in respect of land bearing Sy.No.28/P1...
According to petitioner, she is the grantee of land in question under Darkasth.
It is stated that based on first of the applications, the Tahsildar... addressed a letter to the Range Forest Officer...
In the circumstances, the respondents are directed to consider the representations... and pass appropriate orders within three months...
Procedural History
Petitioner filed writ petition under Articles 226 and 227 of Constitution of India on 23.1.2019 (presumed) seeking mandamus for consideration of representations dated 13.7.2015, 6.3.2017, and 19.11.2018. The petition came up for preliminary hearing in 'B' group on 5.4.2019 and was disposed of.
Acts & Sections
- Constitution of India: Article 226, Article 227
