Allowed

Sri.Yallappa S/O. Gejjeppa Gadiwaddar v. Gokak Taluk Land Regularization Committee

Karnataka HC11 Oct 2022WP/108738/2018

Case brief

AI extract

What is this about?

The Court allowed a writ petition filed under Articles 226 and 227 of the Constitution of India. The petitioner challenged an order rejecting their application for regularization of unauthorized land cultivation, arguing the committee ignored the Revenue Inspector's report on acreage and did not provide an opportunity of hearing. The Court quashed the impugned order and directed the committee to c

What did the court decide?

The impugned order was quashed and the 1st respondent was directed to consider the petitioners' applications after notifying them, completing the exercise within four months.

Sri.Yallappa S/O. Gejjeppa Gadiwaddar Vs Gokak Taluk Land… — Land Acquisition | Karnataka HC (2022)

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WP No. 108738 of 2018

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 11^TH DAY OF OCTOBER, 2022

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 108738 OF 2018 (KLR-LG)

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BETWEEN:

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SRI.YALLAPPA S/O. GEJJEPPA GADIWADDAR AGE:49 YEARS, OCC:AGRICULTURE, R/O. DHOOPADAL, TQ:GOKAK, DIST:BELGAVI – 590001.

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SRI JALARI S/O. GEJJEPPA GADIWADDAR AGE:42 YEARS, OCC:AGRICULTURE, R/O. DHOOPADAL, TQ:GOKAK, DIST:BELGAVI – 590001.

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…PETITIONERS

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(BY SRI S G KADADAKATTI, ADVOCATE)

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AND:

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GOKAK TALUK LAND GRANT REGULARIZATION COMMITTEE GOKAK, BELAGAVI DISTRICT-590001 R/B CHAIRMAN

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THE TAHASILDAR GOKAK TALUK, GOKAK.

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…RESPONDENTS

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(BY SRI M H PATIL, AGA FOR R1 and R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE TAHASILDAR UNDATED VIDE

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WP No. 108738 of 2018

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ANNEXURES-E AND F RESPECTIVELY AND DIRECT THE 1^ST RESPONDENT COMMITTEE TO CONSIDER AND PASS ORDERS ON THE APPLICATION OF THE PETITIONERS VIDE ANNEXURE-A & B RESPECTIVELY.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN `B’ GROUP THIS DAY, THE COURT PASSED THE FOLLOWING:

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ORDER

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The learned Additional Government Advocate accepts

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notice for respondents.

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The petitioner submitted an application for regularization of unauthorized cultivation of land bearing Sy.No.148 of Dhoopdal village as specified under Rule 108CC of Karnataka Land Revenue Rules, 1966. The Revenue Inspector after conducting a spot inspection submitted a report stating that the petitioners are in unauthorized cultivation of 2 acres of land each in Sy.No.148. The Regularization Committee passed the impugned order rejecting the application submitted by the petitioner stating that the petitioners are in unauthorized cultivation to an extent of 2.00 acres and not 4.00 acres, against which, the petitioners are before this Court.

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I have examined the submissions of the learned counsel appearing for the parties.

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WP No. 108738 of 2018

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The Revenue Inspector submitted a report stating that the petitioners are unauthorizedly cultivating 4.00 acres of land each in Sy.No.148. However, the Regularization Committee without considering the report submitted by the Revenue Inspector has stated that the petitioners are cultivating to an extent of 2.00 acres of land each in Sy.No.148 and not 4.00 acres of land by the petitioners and accordingly rejected the application.

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It is also undisputed that the petitioners were not afforded an opportunity of hearing before the impugned order was passed by the Regularization Committee. Hence, the impugned order passed by the 1^st respondent is contrary to Rule 108CC of Karnataka Land Revenue Rules, 1966.

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In view of the preceding analysis, I am of the opinion that the impugned order passed by the 1^st respondent is contrary to Rule 108CC of Karnataka Land Revenue Rules, 1966 and also in violation of principles of natural justice. Accordingly, I pass the following:

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ORDER

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i) Writ petition is allowed.

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WP No. 108738 of 2018

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ii) The impugned order dated nil 2003 passed by the

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1^st respondent vide Annexure-F is hereby quashed.

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iii) The 1^st respondent to consider the applications dated 21.4.1999 submitted by the petitioner vide Annexures-A and B for regularization of unauthorized cultivation of land in Sy.No.148 of Dhoopdal village and pass appropriate order in accordance with law after notifying the petitioners. The said exercise shall be completed within a period of four months from the date of receipt of certified copy of this order or from the date of reconstitution of Committee if not constituted.

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Sd/JUDGE

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BKM

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List No.: 1 Sl No.: 105

Sri.Yallappa S/O. Gejjeppa Gadiwaddar v. Gokak Taluk Land Regularization Committee

Case brief

What is this about?

What did the court decide?

Sri.Yallappa S/O. Gejjeppa Gadiwaddar v. Gokak Taluk Land Regularization Committee

Case brief

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What did the court decide?

What the court decided

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