Allowed

Smt. Palakshi v. the State of Karnataka

Karnataka HC27 Mar 2023WP/1855/2022

Case brief

AI extract

What is this about?

This writ petition challenged inaction by the Tahsildar regarding pending Form No.57 applications under Rule 108CCC of 1966 Rules seeking regularization of land occupation. The court directed the Tahsildar to dispose of the applications within four months.

What did the court decide?

Respondent No. 4/Tahsildar and the regularization committee are directed to consider the applications in Form No.57 and pass an order within four months.

Smt. Palakshi Vs the State of Karnataka — Property and Title | Karnataka HC (2023)

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WP No. 1855 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 1855 OF 2022 (KLR-REG)

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BETWEEN:

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SMT. PALAKSHI W/O A G CHANDRASHEKAR AGED 40 YEARS RESIDING AT MEDARA BEEDI ALDUR POST-577111 CHICKKAMAGALURU DIST., AND TQ.

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SHRI S VISWANATHA PRASAD S/O SEETHARAM AGED ABOUT 55 YEARS RESIDING AT MEDARA BEEDI ALDUR POST-577111 CHICKKAMAGALURU DIST., AND TQ.

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Digitally signed by MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka

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SMT. NANJAMMA W/O VEERABHADRAPPA AGED ABOUT 52 YEARS RESIDING AT MEDARA BEEDI ALDUR POST-577111 CHICKKAMAGALURU DIST., AND TQ.

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SMT. M H SUMA W/O MURTHY AGED ABOUT 42 YEARS RESIDING AT MEDARA BEEDI ALDUR POST-577111 CHICKKAMAGALURU DIST., AND TQ.

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SMT. NEELA W/O A G PUTTARAJU

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WP No. 1855 of 2022

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AGED ABOUT 32 YEARS RESIDING AT MEDARA BEEDI ALDUR POST-577111 CHICKKAMAGALURU DIST., AND TQ.

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SMT. RATHNAMMA W/O RAMAPPA AGED ABOUT 53 YEARS RESIDING AT MEDARA BEEDI ALDUR POST-577111

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CHICKKAMAGALURU DIST., AND TQ.

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SMT. GAYATHRI K S W/O REVANNA AGED ABOUT 30 YEARS RESIDING AT MEDARA BEEDI ALDUR POST-577111 CHICKKAMAGALURU DIST., AND TQ.

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SMT. JAYANTHI K T W/O SOMASHEKARA AGED ABOUT 32 YEARS RESIDING AT MEDARA BEEDI ALDUR POST-577111

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CHICKKAMAGALURU DIST., AND TQ.

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SMT. RATHNA H S W/O POORNESH A P AGED ABOUT 40 YEARS RESIDING AT MEDARA BEEDI ALDUR POST-577111 CHICKKAMAGALURU DIST., AND TQ.

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SHRI VIJENDRA S/O YANKAPPA GOWDA AGED ABOUT 45 YEARS RESIDING AT MEDARA BEEDI ALDUR POST-577111 CHICKKAMAGALURU DIST., AND TQ.

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SHRI DEEPAK RAJ A D S/O DHARMARAJ

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3 - WP No. 1855 of 2022

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AGED ABOUT 34 YEARS RESIDING AT MEDARA BEEDI ALDUR POST-577111 CHICKKAMAGALURU DIST., AND TQ.

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SHRI PRADEEP A V S/O A S VENKATESH AGED ABOUT 34 YEARS RESIDING AT MEDARA BEEDI ALDUR POST-577111 CHICKKAMAGALURU DIST., AND TQ.

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SMT. JAYALAXMI W/O NINGAPPA AGED ABOUT 45 YEARS RESIDING AT MEDARA BEEDI ALDUR POST-577111 CHICKKAMAGALURU DIST., AND TQ.

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…PETITIONERS

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(BY SRI SRIKANTH M P, ADV.)

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AND:

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

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THE SECRETARY LAND GRANTS COMMITTEE CHICKKAMAGALURU TALUK CHICKKAMAGALURU-577101.

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THE DEPUTY COMMISSIONER CHICKKAMAGALURU DIST., CHICKKAMAGALURU-577101.

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THE THAHASILDAR CHICKKAMAGALURU TALUK CHICKKAMAGALURU-577101.

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WP No. 1855 of 2022

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RANGE FOREST OFFICER ALDUR RANGE DEPARTMENT OF FOREST ALDUR POST CHICKKAMAGALURU DIST., PIN-577111.

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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 R-1 TO 5 TO DISPOSE OFF THE APPLICATIONS VIDE ANNEXURE-C SERIES DATED 08.03.2019 FILLED IN FORM NO.57 FILED BY THE PETITIONERS PENDING BEFORE IT IN ACCORDANCE WITH LAW AT THE EARLIEST AND TO REGULARIZE THE UNAUTHORIZED OCCUPATION.

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

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Heard learned counsel Sri.Srikanth M.P., for petitioners and learned High Court Government Pleader for respondents. Perused the writ petition papers.

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WP No. 1855 of 2022

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2. Learned counsel for the Petitioners would submit that

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the petitioners are in unauthorized occupation and cultivation of the land in Sy.No.74 situated at Kesavanahaklu Village, Aldur Hobli, Chikkamagaluru Taluk to the extent mentioned in the following table:

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Sl.	Name	Sy.	Extent
No.		No.	in Acres
1)	Smt. Palakshi	74	3-00
2)	S. Viswanath Prasad	74	4-30
3)	Smt. Nanjamma	74	3-00
4)	Smt. M.H.Suma	74	3-00
5)	Smt. Neela	74	3-00
6)	Smt. Rathnamma	74	3-00
7)	Smt. Gayathri K.S.	74	3-00
8)	Smt. Jayanthi K.T.	74	3-00
9)	Smt. Rathna H.S.	74	3-00
10)	Smt. Vijeyendra	74	2-00
11)	Sri Deepak Raj A.D.	74	3-00
12)	Sri Pradeep A.V.	74	3-00
13)	Smt. Jayalakshmi	74	2-00

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Learned counsel for the petitioners would submit that

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the petitioners are in occupation of different extent of lands in Sy.No.74. It is submitted that the petitioners submitted applications in Form No.57 under Rule 108CCC of the Karnataka Land Revenue Rules, 1966 (for short

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“1966 Rules”) praying for regularization of their

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WP No. 1855 of 2022

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unauthorized occupation and cultivation of the lands in question. The acknowledgements for having submitted Form No.57 are on record at Annexure-D series. It is the grievance of the petitioners that their applications Form No.57 are pending consideration before the 4^th respondent-Tahsildar since 2019. Hence, petitioners are before this Court.

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Learned counsel for the petitioners would submit that 4^th respondent-Tahsildar has a legal duty to consider the applications filed under Rule 108CCC of 1966 Rules. Thus, he prays for a direction to the 4^th respondentTahsildar to consider the applications and pass appropriate orders.

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On the other hand, learned High Court Government Pleader appearing for the respondents would submit that petitioners’ applications would be considered in accordance with law, within the time to be fixed by this Court.

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WP No. 1855 of 2022

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Having heard the learned counsel for the parties and on perusal of the writ petition papers, I am of the view that the petitioners are entitled to writ of mandamus as prayed.

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Annexure-C series are applications in Form No.57 under Rule 108CCC of 1966 Rules submitted by the petitioners requesting for regularization of their unauthorized occupation and cultivation of lands in Sy.No.74 of Kesavinahaklu Village, Aldur Hobli, Chikkamagaluru District. Annexure-D series are acknowledgements for having submitted the applications at Annexure-C series. The Tahsildar-4^th respondent has legal obligation under Section 94A of the Karnataka Land Revenue Act, 1964 and Rule 108CCC of 1966 Rules. Hence, the following order:

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Respondent No.4/Tahsildar as well as the Committee constituted for regularization of unauthorized occupation and cultivation are directed to consider the applications in

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WP No. 1855 of 2022

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Form No.57 filed by the petitioners at Annexure-C series and pass appropriate order, within a period of four months

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from the date of receipt of a copy of this order.

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With the above, the writ petition stands disposed of.

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Sd/JUDGE

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MPK CT:bms List No.: 1 Sl No.: 26

Smt. Palakshi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Palakshi v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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