Partly allowed

Sri. Venkatesh v. the Deputy Commissioner

Karnataka HC24 Jun 2021WP/7654/2020

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a writ petition filed by legal heirs of an unauthorized occupant. The court directed the Tahsildar to allow a detailed representation within four weeks and provide a status update on the issuance of saguvali chit within eight weeks.

What did the court decide?

Direction to the Tahsildar to permit a detailed representation within four weeks and inform the petitioners regarding the issuance of Saguvali Chit within eight weeks.

Sri. Venkatesh Vs the Deputy Commissioner — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF JUNE 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.7654/2020 (KLR/RES)

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BETWEEN :

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SRI. VENKATESH S/O THAMMAIAH AGED ABOUT 43 YEARS R/AT DANDENAHALLI TIPPASANDRA HOBLI MAGADI TALUK RAMANAGAR DISTRICT - 562 159.

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SRI D. H. YALAKKAYYA S/O HELAVAIAH AGED ABOUT 50 YEARS R/AT DANDENAHALLI TIPPASANDRA HOBLI MAGADI TALUK, RAMANAGAR DISTRICT. ... PETITIONERS

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(By SRI. N.S.BHAT., ADVOCATE)

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AND :

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THE DEPUTY COMMISSIONER RAMANAGAR DISTRICT AT RAMANAGAR - 562 159.

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THE TAHSILDAR MAGADI TALUK AT MAGADI - 562 120.

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... RESPONDENTS (By SRI.R. SRINIVASA GOWDA., AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS COMMANDING/DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED:18.09.2019 AS PER ANNEXURE-S AND TO ISSUE SAGUVALI CHIT IN RESPECT OF THE LAND BEARING SY.NO.74/13 MEASURING 2-0-0 SITUATED AT DANDEHALLI VILLAGE, THIPPASANDRA HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT AND TO MAKE JOINT POWTHI KATHA IN FAVOUR OF THE PETITIONERS IN RESPECT OF THE SAID LAND.

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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 learned counsel for the petitioners and the learned Additional Government Advocate, who accepts notice for the respondents, are heard for final disposal.

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The petitioners have filed this petition for a writ of mandamus to the Tahsildar, Magadi Taluk, Magadi–the second respondent-to issue saguvali chit for the land measuring 2 acres in Sy.No.74/13 of Dandenahalli Village, Thippasandra Hobli, Magadi Taluk, Ramanagara District ( the

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Subject land) The petitioners' case is that Sri. Thammaiah was in unauthorized occupation of the subject land and therefore, an application was filed by him in Form No.53 for regularization of such unauthorized occupation. The application is favourably considered and the unauthorized occupation is regularized granting the subject property to him. In this regard, the Official Memorandum dated 28.01.2001 is also issued. Sri. Thammaiah has paid premium in terms of the Official Memorandum.

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The petitioner’s further case is that Sri.

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Thammaiah has breathed his last on 06.01.2009 and the petitioners have succeeded to the subject property on his demise. They have submitted their applications for issuance of saguvali chit and mutation of the revenue entries for the subject land. But these representations have not been considered. The petitioners also rely upon certain communication by the Revenue Inspector, Thippasandra

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Hobli, Magadi Taluk, to contend that though the process for issuance of saguvali chit is commenced, the petitioners have not been yet issued with such saguvali chit .

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The learned counsel for the petitioners argues in support of the petition prayer reiterating these assertions, and the learned Additional Government Advocate submits that the petition could be disposed of with a direction to the second respondent/the Tahsildar to consider the petitioners' request in a time bound manner in accordance with law on verification of the documents. In the facts and circumstances of the case, and in the light of the submissions now made, the petition stands disposed of by the following:

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ORDER

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[a] The petition is allowed in part, and the petitioners are permitted to file a detailed representation with the second respondent/the Tahsildar, Magadi Taluk, Magadi, within four [4]

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weeks from the date of receipt of a certified copy of this order, enclosing such copy and also annexures which are enclosed to this writ petition.

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[b] If such representation is filed, the second respondent/the Tahsildar, Magadi Taluk, Magadi, shall within an outer limit of eight [8] weeks from the date of such representation, inform the petitioners about the status of their representation for issuance of Saguvali Chit .

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SD/JUDGE

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Sri. Venkatesh v. the Deputy Commissioner

Case brief

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Sri. Venkatesh v. the Deputy Commissioner

Case brief

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