Case Note & Summary
The petitioner, Sri M.G. Suresh, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a direction to the second respondent, the Tahsildar of Shivamogga Taluk, to consider his representations for the release of land from pada. The land in question, Sy.No.126/1 measuring 31 guntas situated at Mallapura Village, originally belonged to the petitioner's grandfather, Narappa. After his death, the land was mutated to the petitioner's father, M.G. Shekarappa, vide MR No.1/73-74. The petitioner's grievance was that the land had fallen pada due to non-payment of taxes. He submitted representations on 21.03.1998, 18.01.2000, 07.02.2000, and 03.01.2012 seeking release of the land from pada. The records indicated that these applications were received in the office of the Tahsildar but remained undisposed. The court, after hearing the petitioner's counsel and the Additional Government Advocate, noted that the representations were pending and directed the second respondent to consider and dispose of them in accordance with law within three months from the date of receipt of the order. The writ petition was disposed of accordingly.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Disposal of Representation - Petitioner sought direction to respondent to consider representations for release of land from pada - Court held that the Tahsildar must consider and dispose of the pending representations in accordance with law within a stipulated time - Held that the writ petition is disposed of with direction to consider representations (Paras 1-4).
Issue of Consideration
Whether the Tahsildar should be directed to consider and dispose of the petitioner's pending representations for release of land from pada.
Final Decision
The writ petition is disposed of with a direction to the second respondent (Tahsildar, Shivamogga Taluk) to consider and dispose of the petitioner's representations dated 21.03.1998, 18.01.2000, 07.02.2000, and 03.01.2012 in accordance with law within three months from the date of receipt of the order.
Law Points
- Writ jurisdiction under Articles 226 and 227 of the Constitution of India
- Disposal of representation by revenue authorities
- Right to be heard on pending representations
Case Details
2019 LawText (KAR) (03) 65
Writ Petition No.52600 of 2018 (KLR-RR/SUR)
Sri P.N. Harish (for petitioner), Sri Venkatesh Dodderi (AGA for respondents)
State of Karnataka, The Tahasildar
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India seeking direction to consider representations for release of land from pada.
Remedy Sought
Direction to the second respondent (Tahsildar) to consider the petitioner's representations (Annexure-B to E) for release of land from pada.
Filing Reason
The petitioner's land had fallen pada due to non-payment of taxes, and his representations to the Tahsildar remained undisposed.
Issues
Whether the Tahsildar should be directed to consider and dispose of the petitioner's pending representations for release of land from pada.
Submissions/Arguments
Petitioner's counsel argued that the representations were pending and sought a direction for their disposal.
Respondent's counsel (AGA) did not oppose the direction but submitted that the representations would be considered.
Ratio Decidendi
The court directed the Tahsildar to consider and dispose of the pending representations in accordance with law within a stipulated time, as the representations were not acted upon.
Judgment Excerpts
Petitioner herein is the grandson of one Narappa, the Original owner of land bearing Sy.No.126/1 measuring 31 guntas situated at Mallapura Village, Haranahalli Hobli, Shivamogga Taluk.
The grievance of the petitioner is that the said land has fallen pada for non-payment of taxes.
Hence, representations were given by him on 21.03.1998, 18.01.2000, 07.02.2000 and 03.01.2012 seeking release of the said land from pada.
The 2nd respondent is directed to consider the representations of the petitioner dated 21.03.1998, 18.01.2000, 07.02.2000 and 03.01.2012 and dispose of the same in accordance with law within three months from the date of receipt of this order.
Procedural History
The petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka at Bengaluru, seeking a direction to the Tahsildar to consider his representations for release of land from pada. The petition was heard on 22.03.2019 and disposed of with directions.
Acts & Sections
- Constitution of India: Articles 226, 227
