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Sri. Hemananda. M v. State of Karnataka

Karnataka HC17 Mar 2023WP/5287/2023

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sought a direction to respondent authorities to consider an application for regularization of unauthorized occupation of land. The High Court observed the application was pending and directed relevant officials to consider it and pass appropriate orders within four months.

What did the court decide?

Respondents 3 and 4 directed to consider the application Form No.57 and pass appropriate orders within four months.

Sri. Hemananda. M Vs State of Karnataka — Land Acquisition | Karnataka HC (2023)

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1 - WP No. 5287 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^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. 5287 OF 2023 (KLR-REG)

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BETWEEN:

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SRI. HEMANANDA. M S/O MAHADEVAIAH, AGED ABOUT 34 YEARS, R/AT ANUPANAKUNTE VILLAGE, CHELURU HOBLI, GUBBI TALUK, TUMKUR DISTRICT- 572117.

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…PETITIONER

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(BY SRI VIRUPAKSHAIAH P H., ADV.)

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AND:

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STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT

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Digitally signed by

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MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka

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M S BUILDING, BENGALURU-560001.

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THE DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR-572101.

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THE TAHSILDHAR GUBBI TALUK, GUBBI TUMKUR DISTRICT 572216.

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THE LAND GRANT COMMITTEE FOR GRANT OF LANDS TO UNAUTHORIZED OCCUPANTS OF GOVERNMENT LANDS GUBBI TALUK, GUBBI-572216 BY ITS CHAIRMAN.

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…RESPONDENTS

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(BY SRI V SESHU, HCGP FOR R1-R4)

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WP No. 5287 of 2023

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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 APPLICATION DATED 14.01.2019 VIDE ANNXA FILED BY THE PETITIONER FOR REGULARIZATION OF THE UNAUTHORIZED OCCUPATION OF THE LAND BEARING SY.NO.16 MEASURING TO AN EXTENT OF 05 ACRES 28 GUNTAS SITUATED AT ANUPANAKUNTE VILLAGE, CHELURU HOBLI, GUBBI TALUK, TUMAKUR 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 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 respondent-authorities to consider and dispose of the application Form No.57 dated 14.01.2019 vide Annexure-A filed under Rule 108CC of Karnataka Land Revenue Rules, 1966 (for short “1966 Rules”) for regularization of unauthorized occupation and cultivation of land in Sy.No.16 to an extent of 5 acres 28

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WP No. 5287 of 2023

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guntas, situated at Anupanakunte Village, Cheluru Hobli, Gubbi Taluk, Tumakuru District. Learned counsel for the petitioner would submit that Form No.57 application was submitted to the 3^rd respondent-Tahsildar on 14.01.2019 and the same is pending consideration. Learned counsel for the petitioner would submit that petitioner is in occupation and cultivation of the above stated land since many years. As such, he submits that the petitioner would be entitled for regularization of unauthorized occupation and cultivation.

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Per contra, learned High Court Government Pleader on instructions submits that appropriate order would be passed considering Form No.57, if some time is provided.

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Application Form No.57 (Annexure-A) filed under Rule 108CC of 1966 Rules requesting regularization of unauthorized occupation and cultivation of petitioner in Sy.No.16 to an extent of 5 acres 28 guntas, situated at Anupanakunte Village, Cheluru Hobli, Gubbi Taluk, Tumakuru District is pending consideration. The said

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WP No. 5287 of 2023

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application is received by the respondent-Tahsildar and acknowledgement in that regard has been issued from the office of 3^rd respondent-Tahsildar. The 3^rd respondentTahsildar is required to consider the application under Section 94-A of the Karnataka Land Revenue Act, 1964 and Rule 108CC of 1966 Rules. As respondent No.3 and 4 have failed to perform their statutory duty, the petitioner would be entitled for a writ of mandamus as prayed. Hence, the following order:

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Respondent Nos.3 and 4 are directed to consider Annexure-A application Form No.57 dated 14.01.2019 of the petitioner and pass appropriate orders in accordance with law, within a period of four 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.: 35

Sri. Hemananda. M v. State of Karnataka

Case brief

What is this about?

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Sri. Hemananda. M v. State of Karnataka

Case brief

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