Allowed

S Elumalai v. State of Karnataka

Karnataka HC7 Dec 2021WP/14775/2021

Case brief

AI extract

What is this about?

Writ petition filed for regularization of unauthorized cultivation. Court directed respondent to place applications before the Committee within one month and ensured petitioners would not be dispossessed pending disposal.

What did the court decide?

Directed respondent No.5 to place applications before respondent No.4 within one month; disposal within six months; petitioners not to be dispossessed pending disposal.

S Elumalai Vs State of Karnataka — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF DECEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE R. NATARAJ

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WRIT PETITION NO.14775 OF 2021 (KLR-RES)

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BETWEEN:

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1 . S ELUMALAI S/O SAPLA NAIK AGED ABOUT 60 YEARS

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2 . ALIYAMMA W/O CHINNAPPA

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AGED ABOUT 61 YEARS

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3 . CHINNAMMA W/O SUBRAMANI

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AGED ABOUT 59 YEARS

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4 . SUJATHA D/O D NARASIMHAMURTHY AGED ABOUT 50 YEARS

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ALL ARE R/OF CHINNIKATTE VILLAGE HONNALI TALUK NOW NYAMTHI TALUK

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DAVANGERE DISTRICT – 577 217

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...PETITIONERS

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(BY SRI.S. RAJENDRA, ADV. FOR

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SRI. S. V. PRAKASH, ADV. )

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AND:

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1 . STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE

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MULTISTORIED BUILDING

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DR AMBEDKAR VEEDHI BENGALURU – 560 001

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2 . THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE – 577 001

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3 . THE ASSISTANT COMMISSIONER DAVANAGERE SUB DIVISION DAVANAGERE DISTRICT DAVANAGERE – 577 001

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THE COMMITTEE CONSTITUTED FOR REGULARIZATION OF UNAUTHORISED CULTIVATION OF GOVERNMENT LANDS, HONNALI TALUK HONNALI – 577 223 REP. BY ITS SECRETARY & TAHASILDHAR

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THE TAHASILDHAR HONNALI TALUK – 577 223 DAVANAGERE DISTRICT

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…RESPONDENTS

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(BY SRI.R. SRINIVASA GOWDA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R5 TO PLACE THE APPLICATIONS FILED BY THE PETITIONERS FOR REGULARIZATION OF THEIR AUTHORIZED CULTIVATION OVER THE LAND IN SY.NO.7 OF YALLAPURA VILLAGE, BELAGUTTI HOBLI IN NYAMTHI TALUK U/S 94-B OF THE KARNATAKA LAND REVENUE ACT, 1964 BEFORE THE R4 COMMITTEE AT THE EARLIEST AND THE R4 MAY BE DIRECTED TO DECIDE THE APPLICATIONS OF THE PETITIONERS IN ACCORDANCE WITH LAW AS EARLY AS POSSIBLE AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:

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ORDER

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Learned Additional Government Advocate is directed

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to accept notice for the respondents.

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The petitioners have sought for a writ in the nature of mandamus to direct the respondent No.5 to place the applications filed by the petitioners in Form Nos.53 and 57 for regularization of their unauthorized cultivation of portions of the land in Sy. No.7 of Yellapura Village, Belagutti Hobli, Nyamthi Taluk, Davanagere District, before the respondent No.4 and not to dispossess the petitioners till disposal of their applications.

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The petitioners claim that they are in unauthorized cultivation of the portions of the aforesaid lands and that they have filed applications in the prescribed form seeking regularization of their unauthorized cultivation. They submit that though the applications are filed within time, the respondent No.5 is not taking steps to place them before the respondent No.4 for consideration. The petitioners, therefore, seek for

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appropriate direction to the respondent Nos.4 and 5 to consider and dispose off the applications in accordance with law.

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Learned Additional Government Advocate submits that if applications filed by the petitioners are in order, the same shall be placed by the respondent No.5 before the respondent No.4 and steps would be taken to dispose off the applications within a period of six months from the date of receipt of a certified copy of this Order.

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In view of the aforesaid submission, this writ petition is allowed and the respondent No.5 is directed to place the applications filed by the petitioners before the respondent No.4 within one month from today.

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Respondent No.4 shall dispose of the applications within a period of six months thereafter in accordance with law.

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If the petitioners are in possession of the land bearing Sy. No.7 of Yallapura Village, Belagutti Hobli,

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Nyamthi Taluk, Davanagere District, they shall not be dispossessed until consideration of their applications by the respondent No.4.

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The learned Additional Government Advocate is permitted to file memo of appearance within two weeks from today.

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Sd/JUDGE

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NBM

S Elumalai v. State of Karnataka

Case brief

What is this about?

What did the court decide?

S Elumalai v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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