Disposed

Mr Shameer Ali v. the Principal Secretary

Karnataka HC16 Mar 2023WP/2600/2023

Case brief

AI extract

What is this about?

High Court of Karnataka granted a writ of mandamus directing the Tahsildar to consider the petitioner's representation for regularization of land occupancy within three months, citing the statutory duty to act upon the Assistant Commissioner's order.

What did the court decide?

Directed Tahsildar to consider representation dated 19.03.2022 in light of Assistant Commissioner's order dated 07.09.2020 within three months.

Mr Shameer Ali Vs the Principal Secretary — Land Acquisition | Karnataka HC (2023)

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WP No. 2600 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^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. 2600 OF 2023 (KLR-RR/SUR)

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BETWEEN:

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MR. SHAMEER ALI S/O LATE ABDUL RASHID AGED ABOUT 37 YEARS R/AT JOLADALU VILLAGE AND POST VASTHARE HOBLI, CHIKKAMAGALUR TALUK CHIKKAMAGALUR DISTRICT-577130.

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…PETITIONER

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(BY SRI. MANJUNATH S., ADV.)

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AND:

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THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING, AMBEDKAR VEEDHI BANGALORE-560001.

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THE TAHSILDAR CHIKKAMAGALUR TALUK

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Digitally signed by MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka

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CHIKKAMAGALUR DISTRICT-577101.

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THE REVENUE INSPECTOR VASTHARE HOBLI CHIKKAMAGALURU TALUK CHIKKAMAGALUR DISTRICT-577130.

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VILLAGE ACCOUNTANT MYLIMANE GRAMA PANCHAYATH VASTHARE HOBLI, CHIKKAMAGALUR TALUK CHIKKAMAGALUR DISTRICT-577130.

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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 CONSIDER THE REPRESENTATION OF THE

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WP No. 2600 of 2023

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PETITIONER DATED 19.03.2022 VIDE ANNX-F AND DIRECT THE RESPONDENT AUTHORITIES TO GRANT OCCUPANCY RIGHTS AND ISSUE SAGUVALI CHIT IN FAVOUR OF THE PETITIONER PERTAINING TO LAND MEASURING TO AN EXTENT OF 1 ACRE IN SY.NO.25 OF JOLDAL VILLAGE, VASTHARE HOBLI, CHIKKAMAGALUR TALUK, CHIKKAMAGALURU 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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Learned High Court Government Pleader accepts

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notice for respondent Nos.1 to 4.

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Though the matter is listed for Preliminary

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

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Heard the learned counsel Sri.Manjunath.S., for petitioner and learned High Court Government Pleader Sri.V.Seshu for respondents. Perused the writ petition papers.

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Learned counsel for the petitioner would submit that the petitioner is before this Court praying for a writ of mandamus directing the respondents to consider representation of the petitioner at Annexure-F dated

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3 - WP No. 2600 of 2023

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19.03.2022 wherein the petitioner has requested for regularization of unauthorized cultivation and occupation of land in Sy.No.25 to an extent of 1 acre situated at Jodaladalu Village, Vasthare Hobli, Chikkamagaluru Taluk. Learned counsel for the petitioner would submit that father of the petitioner Sri.Abdul Rashid was in occupation and

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cultivation of the land in question from very long and on rejection of the request of father of the petitioner for regularization by the Committee, father of the petitioner was before Assistant Commissioner, Cihkkamagaluru SubDivision, Chikkamagaluru in case No.§ºÀÄ/01/2018-19

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(Annexure-C) and the Assistant Commissioner by order dated 07.09.2020 remanded the matter to the Tahasildar to find out as to whether the father of petitioner was in possession of the land in question three years prior to 14.04.1990 and to conduct spot inspection. It is submitted that father of the petitioner died on 13.10.2020. Thereafter, petitioner is said to have submitted representation at Annexure-F dated 19.03.2022 to take

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WP No. 2600 of 2023

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action in accordance with the order of Assistant Commissioner dated 07.09.2020. But it is the grievance of the petitioner that no action is taken on the representation in terms of the order of Assistant Commissioner dated 07.09.2020.

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Per contra, learned High Court Government Pleader would submit that Tahasildar is bound to take action in terms of the order of the Assistant Commissioner dated 07.09.2020 and the Tahasildar would take action within a reasonable time.

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Father of the petitioner Sri.Abdul Rashid submitted application in Form No.50 for regularization of unauthorized cultivation to an extent of 1 acre of land in Sy.No.25 situated at Jodaladalu Village, Vasthare Hobli, Chikkamagaluru Taluk, which was rejected by the Committee. Against which father the petitioner was before the Assistant Commissioner and the Assistant Commissioner by order dated 07.09.2020 (Annexure-C) passed the following order:

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5 - WP No. 2600 of 2023

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“ 1. ¢£ÁAPÀ: 14-04-1990QÌAvÀ »AzÉ MlÄÖ PÀÄlÄA§zÀ d«ÄÃ£ÀÄ ªÀÄvÀÄÛ ªÀÄAdÆgÀÄ ªÀiÁqÀÄªÀ d«ÄÃ£ÀÄ MlÄÖ 4-38 JPÀgÉ r-zÀeÉð d«ÄÃ¤£À «ÄwUÉ M¼À¥ÀnÖgÀ¨ÉÃPÀÄ. 2. vÀºÀ¹Ã¯ÁÝgïgÀªÀgÀÄ RÄzÀÄÝ ¸ÀÜ¼À ¥Àj²Ã®£É £ÀqÉ¹ CfðzÁgÀgÀÄ ¢£ÁAPÀ: 14-04-1990QÌAvÀ 3 ªÀµÀð »AzÉAiÉÄÃ ¸ÁUÀÄªÀ½ ªÀiÁr ¸Áé¢üÃ£À ºÉÆA¢zÀ §UÉÎ RavÀ¥Àr¹PÉÆ¼ÀÄîªÀÅzÀÄ. 3. ªÀÄAdÆjUÁV CUÀvÀå ¸ÀPÁðj UÉÆÃªÀiÁ¼À ®¨sÀå«gÀÄªÀ §UÉÎ ¥Àj²Ã°¹PÉÆ¼ÀÄîªÀÅzÀÄ. (¸ÉPÀë£ï 97 gÀ PÀ£ÁðlPÀ ¨sÀÆ PÀAzÁAiÀÄ PÁ¬ÄzÉ 1964) 4. CfðzÁgÀgÀÄ ºÁUÀÆ CªÀgÀ PÀÄlÄA§zÀªÀgÀÄ ºÉÆA¢gÀÄªÀ »qÀÄªÀ½ d«ÄÃ¤£À «ªÀgÀªÀ£ÀÄß ¥ÀqÉAiÀÄÄªÀÅzÀÄ. 5. ¥Àæ¸ÁÛ¦vÀ d«ÄÃ£ÀÄ CgÀtå E¯ÁSÉUÉ ¸ÉÃjgÀzÀ §UÉÎ RavÀ¥Àr¹PÉÆ¼ÀÄîªÀÅzÀÄ. 6. CfðzÁgÀgÀ ¸Áé¢üÃ£ÀzÀ §UÉÎ ¸ÀªÉð £ÀPÉë¬ÄAzÀ RavÀ¥Àr¹PÉÆ¼ÀÄîªÀÅzÀÄ. 7. EwÛÃa£À ¸ÀPÁðj ¸ÀÄvÉÆÛÃ¯ÉUÀ¼À£ÀÄß ºÁUÀÆ ¤AiÀÄªÀÄUÀ¼À¯ÁèVgÀÄªÀ §zÀ¯ÁªÀuÉUÀ¼À£ÀÄß ¥Àj²Ã°¹PÉÆ¼ÀÄîªÀÅzÀÄ. 8. £ÀªÀÄÆ£É 50/53/57 gÀ°è ¸À°è¹gÀÄªÀ Cfð ¨ÁQ EgÀÄªÀ §UÉÎ ¥Àj²Ã°¹PÉÆ¼ÀÄîªÀÅzÀÄ. ”

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The Tahasildar – respondent No.2 is bound to

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take action in terms of the above order. The petitioner subsequent to death of his father, submitted representation dated 19.03.2022 (Annexure-F) to take action in terms of

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WP No. 2600 of 2023

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the order of the Assistant Commissioner and to regularize the land in question. The said representation is pending consideration. The second respondent – Tahasildar has a statutory duty as well as he has a duty to obey the appellate order. Hence, the following:

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ORDER

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The respondent No.2 – Tahasildar is directed to consider representation dated 19.03.2022 (Annexure-F) in the light of the order passed by Assistant Commissioner in case No.§ºÀÄ/01/2018-19 dated 07.09.2020

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(Annexure-C), within a period of three months from the date of receipt of a copy of this order.

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With the above, writ petition stands disposed of.

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SD/JUDGE

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NC CT:bms: List No.: 1 Sl No.: 28

Mr Shameer Ali v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

Mr Shameer Ali v. the Principal Secretary

Case brief

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