Disposed

Sri Thippeshi v. the State of Karnataka

Karnataka HC4 Jan 2016WP/25863/2015

Case brief

AI extract

What is this about?

This writ petition sought a direction to the State to consider an application for regularizing unauthorized occupation of agricultural land. The Court observed that the petitioner's application was pending and disposed of the petition directing the respondents to consider the regularization application if legally contemplated while assuring the petitioner against disturbance.

What did the court decide?

Pending the consideration of application for regularization, the petitioner shall not be disturbed otherwise than under due process of law. Respondents direct to consider the application if law contem

Sri Thippeshi Vs the State of Karnataka — Land Acquisition | Karnataka HC (2016)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 04^TH DAY OF JANUARY, 2016

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BEFORE

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THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

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WRIT PETITION No.25863 OF 2015 (KLR-REG)

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BETWEEN:

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Sri. Thippeshi, Son of Papanna, Aged about 40 years, Residing at No.201, Gurusidapura, Jagalur Taluk, Davangere District 577 513.

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…PETITIONER

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(By Smt. Parineeta S Chanal, Advocate) AND:

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The State of Karnataka, Represented by the Secretary, Revenue Department, M.S.Building, Bangalore 560 001.

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Thahasildar, Jagaluru Taluk, Davanagere District 577 526. …RESPONDENTS

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(By Shri Venkatesh Dodderi, Additional Government Advocate)

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This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent to initiate the proceeding on the basis of the application dated 11.3.2011 Annexure-A filed by the petitioner or issue any other appropriate writ to consider his application for regularizing of the land bearing Sy.No.45 to extent of 3 acres 20 guntas situated at Gurusiddapura Village, Sokke Hobli, Jagaluru Taluk, Davanagere District.

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This Writ Petition coming on for Preliminary Hearing this day, the court made the following:

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O R D E R

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The petitioner claims to be in unauthorized occupation

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of land bearing Sy.No.45 measuring 3 acre 20 guntas of agricultural land of Gurusiddapura village, Sokke Hobli, Jagaluru Taluk, Davangere District. It is stated that he has been in continuous possession for more than 40 years. The petitioner had filed an application before the second respondent seeking regularization of his occupation as an agriculturist on 11.03.2011 and the same has been acknowledged by the second respondent. The entire land bearing Sy.No.45 measures 13

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acres 19 guntas out of which 3 acres 20 guntas is in the possession of petitioners and the remaining extent is said to be in possession of the other persons. The RTC of the above land shows that it is gomal land.

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The petitioner is impatient that his application for

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regularization of his unauthorized occupation has not been considered.

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If he continues to be in unauthorized occupation of the land in question, the petitioner shall not be disturbed otherwise than under due process of law. In the meanwhile, the respondents may consider his application for regularization, if the law so contemplates. With that observation, the petition stands disposed of.

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Sd/-

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JUDGE

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Sri Thippeshi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Thippeshi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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