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Sri Shanthakumar D S v. State of Karnataka

Karnataka HC10 Mar 2023WP/2035/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka examined a writ petition by farmers whose applications for regularization of unauthorized land occupation filed in 2007 remained pending. The court directed the Land Grant Committee to consider the applications under the relevant Land Revenue Act and Rules within six months.

What did the court decide?

Directed Respondent No. 4 to consider Form No. 53 filed by petitioners dated 10.08.2007 in accordance with law and pass appropriate orders within six months.

Sri Shanthakumar D S Vs State of Karnataka — Land Acquisition | Karnataka HC (2023)

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1 - WP No. 2035 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^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. 2035 OF 2023 (KLR-REG)

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BETWEEN:

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SRI. SHANTHAKUMAR D. S., S/O SURAPPA D., AGED ABOUT 48 YEARS, AGRICULTURIST.

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SRI. PARVATHAMMA, W/O LATE MYLARAPPA D., AGED ABOUT 40 YEARS, AGRICULTURIST.

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BOTH ARE R/O THIMMALAPURA VILLAGE, RAJANAHALLI POSTS, HARIHARA TALUK, DAVANAGERE DISTRICT – 577 601.

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…PETITIONERS

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(BY SRI VIRUPAKSHAIAH P. H., ADV.)

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Digitally signed by MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka

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AND:

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STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M. S. BUILDING, BENGALURU-560 001.

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THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE – 577 004.

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THE TAHSILDHAR, HARIHARA TALUK, HARIHARA-577 601.

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WP No. 2035 of 2023

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THE LAND GRANT COMMITTEE FOR GRANT OF LANDS TO UNAUTHORIZED OCCUPANTS OF GOVERNMENT LANDS, HARIHARA, DAVANAGERE DISTRICT-577 601. BY ITS CHAIRMAN.

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…RESPONDENTS

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(BY SRI SESHU V., HCTP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER AND DISPOSE OF THE APPLICATIONS DATED 10.08.2007 VIDE ANNEXURES-A AND A1 FILED BY THE PETITIONERS FOR REGULARIZATION OF THE UNAUTHORIZED OCCUPATION OF THE LAND BEARING SY.NO.1/2 MEASURING TO AN EXTENT OF 2 ACRES 05 GUNTAS EACH SITUATED AT THIMMALAPURA VILLAGE, KASABA HOBLI, HARIHARA TALUK, DAVANAGERE DISTRICT.

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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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Heard learned counsel Sri.Virupakshaiah P.H., for

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petitioners and learned High Court Government Pleader for respondents. Perused the writ petition papers.

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Learned counsel for the petitioners would submit that

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the petitioners are in unauthorized occupation and cultivation of land in Sy.No.1/2 measuring to an extent of

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2 acres 05 guntas each, situated at Thimmalapura village, Hahihara Taluk, Davanagere District. It is also submitted that the petitioners submitted Form No.53 under Rule

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WP No. 2035 of 2023

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108CC of the Karnataka Land Revenue Rules, 1966 (for short “1966 Rules”) in terms of Annexures-A and A1, both dated 10.08.2007. It is the grievance of the petitioners that till this date, applications Form No.53 are not considered by the respondents to regularize their

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unauthorized occupation.

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Learned High Court Government Pleader on instructions submits that 4^th respondent-Committee is functioning in Harihara Taluk and applications of the petitioners would be considered within a reasonable time.

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Petitioners claim that they are in unauthorized occupation and cultivation of land in Sy.No.1/2 measuring 2 acres 05 guntas each situated at Thimmalapura village, Harihara Taluk, Davanagere District. In that regard, the petitioners submitted Form No.53 in terms of Annexures-A and A1 on 10.08.2007, requesting to regularize their unauthorized occupation and cultivation. The said applications are pending consideration. Respondent Nos.3

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WP No. 2035 of 2023

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and 4 are legally obliged to consider the said applications in terms of Section 94-A of Karnataka Land Revenue Act, 1964 and Rule 108CC of 1966 Rules. Hence, the following order:

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Respondent No.4 is directed to consider Form No.53 filed by petitioners at Annexures-A and A1 both dated 10.08.2007 in accordance with law and pass appropriate orders, within a period of six months 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.: 37

Sri Shanthakumar D S v. State of Karnataka

Case brief

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Sri Shanthakumar D S v. State of Karnataka

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