Disposed

Ramesh H v. the State of Karnataka

Karnataka HC13 Mar 2023WP/1393/2023

Case brief

AI extract

What is this about?

The Karnataka High Court, on the consent of parties, disposed of a writ petition seeking regularization of unauthorized land cultivation. The Court directed the Tahasildar to place pending applications before the authorized Committee within two months, with the Committee to decide within four months.

What did the court decide?

Directed the Tahasildar to place pending Form No. 53 applications before the Committee within two months; the Committee to decide within four months.

Ramesh H Vs the State of Karnataka — Land Acquisition | Karnataka HC (2023)

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WP No. 1393 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.G.PANDIT

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WRIT PETITION NO. 1393 OF 2023 (KLR-REG)

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BETWEEN:

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RAMESH H. S/O HONGAIH, R/O GANDHINAGAR EXTENSION, HIRIKALALE, TQ: K.R.PETE-571 423, DIST: MANDYA.

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KRISHNACHAR S/O DASACHARI, AGED 56 YEARS, R/O NO.33, OPP. GOVERNEMENT SCHOOL, KRISHNAPURA, KIKKERI HOBLI, TQ: K.R.PETE -571 423, DIST. MANDYA.

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…PETITIONERS

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(BY SMT. MANJULADEVI R. KAMADOLLI, ADV.)

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Digitally signed by MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka

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AND:

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THE STATE OF KARNATAKA, REP. BY ITS SECRETARY TO REVENUE DEPARTMENT, M.S.BUILDING, BANGALORE-560 001.

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THE DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA-571 401.

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THE ASSISTANT COMMISSIONER, PANDAVAPURA DIVISION, PANDAVAPURA - 571 434, DIST: MANDYA.

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THE THAHASHILDAR, KRISHNARAJ PETE - 571 423,

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WP No. 1393 of 2023

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TQ: KRISHNARAJ PETE, DIST: MANDYA.

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…RESPONDENTS

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(BY SRI. V. SESHU, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSTITUTE A COMMITTEE AND REGULARIZE THE UNAUTHORIZED CULTIVATION OF THE LAND BY THE PETITIONER NO.1 IN SY.NO.90 SITUATED AT MAKAVALLI VILLAGE, OF K.R. PETE TALUK MEASURING 1-20 HECTARES I.E., 3-10 GUNTAS WHICH IS A GOMALA LAND BY CONSIDERING THE APPLICATION NO.9194/1991 DTD 11.07.1991 VIDE ANNXURE-B AND REGULARIZE THE UNAUTHORIZED CULTIVATION OF THE LAND B THE PETITIONER NO.2 IN SY.NO.107 SITUATED AT CHIKKALALE VILLAGE OF K.R. PETE TALUK MEASURING 1 ACRE WHICH IS A GOMALA LAND BY CONSIDERING THE APPLICATION NO.1705/98-99 DTD 17.12.1998 VIDE ANNXURE-F.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Though the matter is listed for Preliminary Hearing,

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with the consent of learned counsel for the parties, matter is taken up for final disposal.

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Heard the learned counsel Smt.Manjuladevi R. Kamadolli for petitioners and learned High Court Government Pleader for respondents. Perused the writ petition papers.

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This Court by order dated 06.03.2023 directed learned High Court Government Pleader to get instructions

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WP No. 1393 of 2023

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as to whether the Committee for regularization of unauthorized cultivation in K.R.Pete Taluk, Mandya Distrit is constituted and whether functioning. Learned High Court Government Pleader on instructions submits that Committee is constituted.

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Learned counsel for the petitioners would submit that petitioner No.1 is in unauthorized cultivation of land in Sy.No.90 measuring 1.20 hectares i.e., 3-10 guntas in Makavalli Village, K.R.Pete Taluk and the petitioner No.2 is in unauthorized cultivation of land in Sy.No.107 to an extent of 1 acre at Chikkalale Village of Kikkeri Hobli, K.R.Pete Taluk. It is submitted that both the petitioners submitted Annexures-B and F, Form No.53 dated 11.07.1991 and 17.12.1998 respectively. The said applications are pending consideration. As the respondents failed to consider those applications, petitioners are before this Court.

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Learned High Court Government Pleader would submit that if some time is given, both the applications

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WP No. 1393 of 2023

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would be considered and appropriate order would be

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passed by the Committee. Hence, the following:

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ORDER

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The fourth respondent – Tahasildar is directed to put up the proposal in pursuance to Form No.53 at Annexures-B and F dated 11.07.1991 and 17.12.1998 respectively before the Committee for Regularization of unauthorized cultivation of the Taluka, within a period of two months from the date of receipt of a copy of this order and the Committee to consider the proposal of the Tahasildar within four months thereafter and pass appropriate order in accordance with law.

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With the above, writ petition stands disposed of.

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Sd/JUDGE

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NC List No.: 1 Sl No.: 30

Ramesh H v. the State of Karnataka

Case brief

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Ramesh H v. the State of Karnataka

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