High Court disposed of a writ petition seeking direction to consider representations for regularization of unauthorized government land occupancy. Court observed existing regularization scheme and disposed of petition, keeping contentions open.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 16TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.22499 OF 2017(KLR-RES)
BETWEEN:
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R/O SHETTIHALLI HOSUR, SHETIHALLIPOST, SHIMOGA TALUK, SHIMOGA DISTRICT-577 229.
… PETITIONERS
(BY SRI. H S SANTHOSH, ADVOCATE)
AND:
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SHIMOGA DISTRICT-577 229.
(BY SRI. C N MAHADESHWARAN, AGA FOR R1 – R3; SRI. R SHARATH CHANDRA, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR ENTIRE RECRODS FROM THE RESPONDENT AUTHORITIES AND DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER VIDE ANNEXURE-A AND DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER THE REPRESENTATION OF THE PETITIONERS VIDE ANNEXURE-T & T1.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Petitioners have filed this joint petition seeking a
direction to the official respondents to consider their representation at Annexures-A, T & T1 wherein they have
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substantially sought for regularization of their unauthorized occupancy of the subject Government land. Learned counsel for the petitioners vehemently argues that his clients have been in unauthorized occupation of the subject land since decades and in support of that he heavily banks upon certain entries in the Revenue Records and so called payment of tax paid receipts.
respondents oppose the petition contending that granting of public property or regularization of unauthorized occupation of public property is a serious matter since it results into depletion of public property and therefore unless the scheme falls within the four corners of law, no relief can be granted to the petitioners. He also points out periodical change of certain formalities in scheme of regularization of unauthorized occupation and between periodical fixed application forms; if petitioners make such application in
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due course, there will be no much difficulty for taking decision thereon, he contends; so contending he seeks dismissal of writ petition.
With the above observations, writ petition is disposed off. All contentions are kept open.
Costs made easy.
Sd/JUDGE
Snb/
1 issue framed by the court
Whether a direction should be issued to authorities to consider representations regarding regularization of unauthorized government land occupancy.
2 provisions across 1 enactments
Rasolasab, S/O Khasimsab and others
State of Karnataka, Department of Revenue and others
Krishna S. Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
