In a writ petition challenging inaction regarding pending applications for land regularisation, the High Court directed the Tahasildar to ensure the applications were placed before the Regularisation Committee within three months.
Direction to fourth respondent to place pending applications before Regularisation Committee and inform petitioner within 3 months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JUNE 2021
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO. 5966/2021 (KLR/RES)
BETWEEN :
CHIKKEGOWDA S/O KARIGOWDA AGED ABOUT 74 YEARS R/A KEMPALAPURA VILALGE ATHAGURU HOBLI, MADDUR TALUK MANDYA DISTRICT - 571 428.
... PETITIONER
(BY SRI. CHANDRASHEKAR H. B., ADVOCATE)
AND :
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4. THE TAHASILDAR MADDUR TALUK MANDYA DISTRICT - 571 428.
... RESPONDENTS
(BY SRI. SRINIVAS GOWDA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE R-3 AND R-4 TO CONSIDER THE CASE OF THE PETITIONER PENDING IN LNDRUR 94/98-99, LNDRUR 246/98-99 AND LNDRUR 248/98-99 AND DECIDE THE MATTERS FORTHWITH IN VIEW OF THE DIRECTIONS ISSUED BY THE 2ND RESPONDENT IN RA NO. 26/2004-05 DATED 28.02.2006 VIDE ANNEXURE-B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The petitioners assert that they are in
unauthorised cultivation of three parcels of land measuring 13 guntas, 14 guntas and 25 guntas in Sy No. 949, Kestur Village, Attaguru Hobli, Maddur Taluk. Their application for regularisation of unauthorised cultivation has been rejected by the concerned Regularisation Committee twice, and on each of these occasions they have succeeded in the appeals filed by
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them under the Karnataka Land Revenue Rules, 1966 (for short 'Land Revenue Rules') inasmuch as the resolutions of the Regularisation Committee are setaside and the applications are restored for reconsideration. The second of these occasions is when the Assistant Commissioner, Mandya Subdivision, Mandya by his order dated 28.02.2006 set-aside the resolution of the Regularisation Committee and restored the applications for reconsideration.
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direction to the fourth respondent and the Regularisation Committee to take up the petitioners’ pending applications in LNDRUR 246/98-99, LNDRUR 94/98-99 and LNDRUR 248/98-99 for consideration in compliance with the Assistant Commissioner’s order dated 28.02.2006 in RA No. 26/2004-2005.
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These submissions are taken on record, and the writ petition is disposed of with the following directions:
(a) The fourth respondent shall take necessary measures to place the petitioners’ pending applications in LNDRUR 246/98-99, LNDRUR 94/98-99 and LNDRUR 248/98-99 before the Regularisation
Committee for consideration.
(b) The fourth respondent shall take such measures and inform the petitioners about the measures taken to place their applications before the Regularisation Committee within a period of three (3) months from the date of receipt of a certified copy of this order.
(c) The petitioners shall file a certified copy of this order with the fourth respondent within six (6) from the date of receipt of such order.
SD/-
JUDGE
nv
1 issue framed by the court
Whether this Court should direct the Tahasildar and the Regularisation Committee to consider the petitioner's pending applications for regularisation of unauthorised cultivation pending for a long per
3 provisions across 3 enactments
Chikkegowda S/O Karigowda
State of Karnataka
The Assistant Commissioner Mandya
The President Land Reforms Committee
The Tahasildar Maddur
B. M. Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
