Partly allowed

G.R. Eashwarappa v. the State of Karnataka

Karnataka HC11 Aug 2022WP/856/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka directed the respondent Tahsildar to verify if a committee resolution and saguvali chits existed for the petitioners' lands. Depending on findings, the court ordered either facilitating entry into revenue records or conducting a regularization enquiry.

What did the court decide?

Direction to the Tahsildar to ascertain facts, facilitate revenue entries if grants exist, or conduct regularization enquiry if not, within specified timelines.

G.R. Eashwarappa Vs the State of Karnataka — Landlord and Tenant | Karnataka HC (2022)

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WP No. 856 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF AUGUST, 2022

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BEFORE

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THE HON'BLE MR JUSTICE R DEVDAS

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WRIT PETITION NO. 856 OF 2022 (KLR-RES)

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BETWEEN:

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J R EASHWARAPPA S/O RAMANAYAKA, AGED ABOUT 60 YEARS,

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SRI G P VASUDEVA S/O PUTTANAIK, AGED ABOUT 56 YEARS,

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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BOTH ARE R/AT KAMMACHI VILLAGE, HUMCHA HOBLI, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT-573134

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…PETITIONERS

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(BY SRI. NAGAMANJU K.S., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, BY ITS SECRETARY, M S BUILDING, BENGALURU-560001

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THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA-573134

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WP No. 856 of 2022

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THE ASSISTANT COMMISSIONER HOSANAGARA SUB DIVISION, SHIVAMOGGA-573134

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THE TASHILDHAR HOSANAGARA TALUK, HOSANAGARA, SHIVAMOGGA DISTRICT-573134

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…RESPONDENTS

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(BY SMT. PRATHIMA HONNAPURA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONERS TO EFFECT THE REVENUE ENTRIES IN THE NAME OF THE PETITIONERS AND ALSO EFFECT THE KATHA IN THE NAME OF THE 1ST PETITIONER SRI. J.R. EASHWARAPPA SON OF RAMANAYAKA IN THE REVENUE RECORDS, IN RESPECT OF LANDS MEASURING 4 ACRES 38 GUNTAS IN SY.NO.5 OF KUMACHAHALLI VILLAGE, HUNCHA HOBLI, HOSANAGARA TALUK, SHIVAMOGGA DISTRICT AS PER ANNXURE-C4 AND ETC.

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THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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R.DEVDAS J., (ORAL):

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It is the contention of the petitioners that pursuant to

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the orders passed by the committee for regularisation of

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WP No. 856 of 2022

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unauthorized occupation on 13.10.1998, the lands in respect of which applications were filed at the hands of the petitioners herein, grants were directed to be made by the Committee. Consequent to the said resolution of the Committee, saguvali chits were also issued in favour of the petitioners. However, till date the names of the petitioners have not been entered in the land revenue records. On the contrary, notices were sought to be issued calling upon the petitioners to vacate the land stating that they were in unauthorised occupation. The prayer in this writ petition is

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to direct the respondent authorities to consider the representation given by the petitioners to effect entry of their names in the land revenue records pursuant to the grant orders and saguvali chits issued in their favour.

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Having regard to the prayer made in the writ

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petition and the contentions raised by the petitioners, this Court is of the considered opinion that the respondent Tahsildar is required to consider the representation given by the petitioners. The Tahsildar is required to ascertain

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WP No. 856 of 2022

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from the original register as to whether such a resolution was passed by the Committee for regularization of unauthorised occupation and if so, whether saguvali chits were in fact issued in favour of the petitioners. If it is found that no such resolution was passed by the Committee, then the Tahsildar is required to place the application of the petitioners before the Committee for regularisation. The Committee shall consider the applications filed by the petitioners after affording an opportunity of hearing to the petitioners and cause an enquiry and thereafter pass necessary orders as expeditiously as possible and at any rate within a period of three months from the date of copy of this order.

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On the contrary, if it is found that such a

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resolution was indeed passed by the Committee, then Saguvali Chits are required to be issued in favour of the petitioners and if saguvali chits are also issued then the

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names of the petitioners shall be entered in the land revenue records. The respondent Tahsildar shall follow the

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WP No. 856 of 2022

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directions given by this Court and act accordingly. If it is found that grants were indeed made in favor of the petitioners and saguvali chits issued, then the names of the petitioners shall be entered in the land revenue records as expeditiously as possible and at any rate within a period of two months from the date of receipt of copy of this order.

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Ordered accordingly.

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Sd/JUDGE

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KLY

G.R. Eashwarappa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

G.R. Eashwarappa v. the State of Karnataka

Case brief

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What did the court decide?

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