A writ petition filed to quash an endorsement refusing regularization of unauthorized land cultivation. The court examined whether the petitioner, who holds significant landed property, was eligible for regularization despite claims of land acquisition.
The writ petition stands rejected. No relief was granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 16768 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 16768 OF 2015 (KLR-REG)
BETWEEN:
SRI K. A. LINGARAJU, S/O LATE K. S. ANNEGOWDA, AGED ABOUT 50 YEARS, RESIDENT OF MUGALI VILLAGE, BELGODU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 134. …PETITIONER
(BY SRI. V. S. RAVINDRA HOLLA., ADV.)
AND:
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka
WP No. 16768 of 2015
SAKALESHPURA, HASSAN DISTRICT – 573 134.
…RESPONDENTS
(BY SRI. V. SESHU, HCGP., ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 12.2.2015 ISSUED BY THE 4TH RESPONDENT VIDE ANNEX-A3. DIRECT THE RESPONDENTS 2 TO 4 TO GRANT/REGULARIZE THE LAND BEARING SY.NO.210, MEASURING 4 ACRES 10 GUNTAS, SITUATED AT MUGALI VILLAGE, SAKALESHPURA TALUK, HASSAN DISTRICT, AS PER REPORTS SUBMITTED BY THE SUBORDINATE AUTHORITIES VIDE ANNEXURES-R TO A1. ALTERNATIVELY, DIRECT THE 2ND RESPONDENT TO PASS ORDERS OF GRANT OR REGULARIZING THE POSSESSION AND CULTIVATION OF THE IMMOVABLE PROPERTY BEARING SY.NO.210, MEASURING 4 ACRES 10 GUNTAS, SITUATED AT MUGALI VILLAGE, SAKALESHPURA TALUK, HASSAN DISTRICT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN “B” GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard learned counsel Sri.Ravindra Holla for petitioner and learned High Court Government Pleader Sri.V.Seshu for respondents. Perused the writ petition papers.
WP No. 16768 of 2015
Constitution of India praying for a writ of certiorari to quash Annexure-A3 endorsement bearing No. zÀgÀSÁ¸ÀÄÛ (¨É):69/14-15 dated 12.02.2015 wherein the respondent-
Tahsildar has refused to consider petitioner’s application for grant of unauthorized occupation and cultivation of land in Sy.No.210 to an extent of 4 acres 10 guntas.
the petitioner that, adjacent to the granted land in Sy.No.210 , the petitioner is in unauthorized occupation to an extent of 4 acres 10 guntas. Subsequently, the respondent-authorities obtained survey report which indicates that the petitioner is in occupation and
WP No. 16768 of 2015
cultivation of the land in question. Therefore, learned counsel for the petitioner would submit that the impugned endorsement dated 12.02.2015 is to be quashed and the respondents be directed to consider the application of the petitioner for grant of unauthorized cultivation of land in Sy.No.210 to an extent of 4 acres 10 guntas.
WP No. 16768 of 2015
WP No. 16768 of 2015
not the case of the petitioner that he is a landless person.
Moreover, for acquiring land of the petitioner for
Hemavathi Reservoir Project, the petitioner was already granted 2 acres of land in Mugali village itself.
writ petition stands rejected.
SD/JUDGE
MPK List No.: 1 Sl No.: 60 CT:L
2 issues framed by the court
Whether a petitioner who owns over 11 acres of land is eligible for regularization of unauthorized occupation under Section 94-A of the Karnataka Land Revenue Act, 1964.
Whether the refusal to grant regularization of unauthorized cultivation of land can be quashed if the petitioners claims of land acquisition do not render him landless.
2 provisions across 2 enactments
Sri K. A. Lingaraju
The State of Karnataka
S.G. Pandit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
