Allowed

Smt. Jayamma v. the State of Karnataka

Karnataka HC24 Mar 2023WP/3266/2023

Case brief

AI extract

What is this about?

Petitioner sought regularization of land occupied for sixty-two years. The High Court held the land authorities were legally obligated to consider the pending Form No. 57 application and directed them to pass an order within four months.

What did the court decide?

Respondents 3 and 4 directed to consider petitioner's Form No. 57 application and pass appropriate order within four months.

Smt. Jayamma Vs the State of Karnataka — Land Acquisition | Karnataka HC (2023)

¶1

¶2

WP No. 3266 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 24^TH DAY OF MARCH, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 3266 OF 2023 (KLR-LG)

¶7

BETWEEN:

¶8

SMT. JAYAMMA W/O LATE C H SIDDAGANGAIAH, AGED ABOUT 84 YEARS, HOSAHALLI VILLAGE, CHANNATHIMMAIAHNA PLAYA, NELAMANGALA TALUK, BILLINAKOTE POST, BENGALURU RURAL DISTRICT-562 111.

¶9

…PETITIONER

¶10

(BY SRI GIRISH B R, ADV.)

¶11

AND:

¶12

THE STATE OF KARNATAKA REP. BY ITS SECRETARY, REVENUE DEPARTMENT VIDHANA SOUDHA, BANGALORE- 560001.

¶13

Digitally signed by MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka

¶14

THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT DR. AMBEDKAR VEEDHI, BANGALORE- 560001.

¶15

THE TAHASIDLAR NELAMANGALA TALUK, BANGALORE RURAL DISTRICT BANGALORE-562 111.

¶16

THE CHAIRMAN LAND GRANT COMMITTEE OFFICE OF THE TAHSILDAR NELAMANGALA TALUK, BANGALORE RURAL DISTRICT BANGALORE- 562 111

¶17

…RESPONDENTS

¶18

(BY SRI V SESHU, HCGP FOR R1-4)

¶19

¶20

WP No. 3266 of 2023

¶21

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R- 4-AUTHORITY TO CONSIDER THE APPLICATION OF THE PETITIONER DATED 05.02.2019 (ANNX-A) SEEKING GRANT OF LAND BEARING SY.NO.95, MEASURING 3A-11G WHICH IS IN HER UNAUTHORIZED OCCUPATION AND CULTIVATION.

¶22

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

¶23

ORDER

¶24

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

¶25

Heard the learned counsel Sri.Girish.B.R., for petitioner and learned High Court Government Pleader Sri.V.Seshu for respondent Nos.1 to 4. Perused the writ petition papers.

¶26

Learned counsel for the petitioner would submit that petitioner is in unauthorized occupation and cultivation of the land in Sy.No.95 to an extent of 3 acres 11 guntas situated at Hosahalli Village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District for past 62 years. It is submitted that petitioner submitted Form No.57 under Rule 108 CC (1) of the Karnataka Land

¶27

¶28

WP No. 3266 of 2023

¶29

Revenue Rules, 1966 (for short 1966 Rules) requesting regularization of unauthorized occupation and cultivation of the land in question. Learned counsel would submit that the said application submitted on 05.02.2019 is pending before the respondent Nos.3 and 4. Hence, he prays for a direction to respondent Nos.3 and 4 to consider the said application and pass appropriate order.

¶30

On the other hand, learned High Court Government Pleader would submit that since the Committee is formed, respondent Nos.3 and 4 would consider the said application within a reasonable time to be fixed by this Court.

¶31

Having heard the learned counsel appearing for the parties and on perusal of the writ petition papers, I am of the view that petitioner would be entitled for a writ of mandamus as prayed in the writ petition.

¶32

Annexure-A, Form No.57 dated 05.02.2019 demonstrates that petitioner’s application is pending before the respondent Nos.3 and 4 for regularization of

¶33

¶34

WP No. 3266 of 2023

¶35

unauthorized occupation and cultivation in respect of the land in Sy.No.95 to an extent of 3 acres 11 guntas in Hosahalli Village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District. The respondent Nos.3 and 4 have legal obligation to consider the said application under Section 94A of the Karnataka Land Revenue Act, 1961 and under Rule 108CC of 1966 Rules. Hence, the following:

¶36

ORDER

¶37

The respondent Nos.3 and 4 are directed

¶38

to consider application of the petitioner in Form No.57 dated 05.02.2019 (Annexure-A) and

¶39

pass appropriate order in accordance with law, within a period of four months from the date of receipt of certified copy of the order.

¶40

With the above writ petition stands disposed of.

¶41

SD/JUDGE

¶42

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

Smt. Jayamma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Jayamma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mr. Francis Samraj. S Vs the State of Karnataka

Sri.Honnegowda Vs the State of Karnataka

Nanjundegowda Vs Chief Secretary

Marigowda Vs the Tahsildar

Sri Hanumantharayappa Vs the Headquarters Assistant

Sri Dasashetty Vs the Chief Secretary