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Sri. Veerabhadra v. the State of Karnataka

Karnataka HC17 Mar 2023WP/6108/2023

Case brief

AI extract

What is this about?

The High Court at Bengaluru issued a writ under Articles 226 and 227 directing the Tahsildar to issue a Saguvali Chit to the petitioner for land in Sy.No.70 after the petitioner deposited the required kimmath and T.T. amounts as part of regularization procedures.

What did the court decide?

Directing Respondent No.3 (Tahsildar) to consider the petitioner's case for issuance of Saguvali Chit and pass an order within three months of receipt of this order.

Sri. Veerabhadra Vs the State of… — Constitutional and Fundamental Rights | Karnataka HC (2023)

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WP No. 6108 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. 6108 OF 2023 (KLR-RR/SUR)

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BETWEEN:

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SRI. VEERABHADRA AGED ABOUT 56 YEARS, S/O. DEVAIAH, R/O. BEERANAHALLI VILLAGE, KONANUR HOBLI, ARAKALAGUD TALUK, HASSAN DISTRICT-573 130.

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…PETITIONER

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(BY SRI. SHANTAKUMAR K C, ADVOCATE)

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AND:

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

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Digitally signed by MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka

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THE ASST. COMMISSIONER SAKALESHPURA SUB-DIVISION,

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SAKALLESHPURA-573 127.

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THE TAHSILDAR, ARAKALAGUDU-573 102, HASSAN DISTRICT.

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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 R-2 AND 3 TO ISSUE THE SAGUVALI CHIT IN THE NAME OF PETITIONER FOR THE LAND BEARING SY.NO.70 MEASURING 1 ACRE 10 GUNTAS SITUATED AT BEERANAHALLI KAVALU VILLAGE, KONANUR HOBLI, ARAKALAGUD TALUK, HASSAN DIST.

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

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WP No. 6108 of 2023

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ORDER

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Learned High Court Government Pleader accepts notice for respondent Nos.1 to 3.

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Though the matter is listed for preliminary hearing, with the consent of learned counsel for the parties, the same is taken up for final disposal.

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Heard Sri.K.C.Shantakumar, learned counsel for the petitioner and Sri. V.Seshu, learned HCGP for the respondents. Perused the writ petition papers.

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Learned counsel for the petitioner would submit that the petitioner is in unauthorized cultivation of land in Sy.No.70 measuring 1.10 acres situated at Beeranahalli Kavalu Village, Konanur Hobli, Arakalagud Taluk, Hassan District for more than 35 years. The petitioner is said to have submitted application for regularization of his unauthorized cultivation. On consideration of his application, in terms of Annexure-B, under Notice bearing No.NCR/964/17-18 dated 21.02.2018, the petitioner was directed to remit kimmath and T.T amount in respect of land

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WP No. 6108 of 2023

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in question. Learned counsel would submit that in terms of Annexure-C, the petitioner is said to have remitted the kimmath and T.T amount to the respondent-Tahsildar. Learned counsel would also submit that the survey sketch in respect of the land in question was also prepared and thereafter, the case of the petitioner was recommended to Committee for regularization. The Committee has not passed any order. As such, the petitioner is before this Court.

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Learned HCGP would submit that appropriate

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decision would be taken on the request of the petitioner within a reasonable time.

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The materials on record would indicate that on consideration of the petitioner’s application, the petitioner was directed to pay kimmath and T.T. amount in respect of the land in question i.e., land in Sy.No.70 measuring 1.10 acres situated at Beeranahalli Kavalu Village, Konanur Hobli, Arakalagud Taluk, Hassan District and the same has been paid in terms of Annexure-C-Challan. On receiving kimmath and T.T. amount, the Tahsildar ought to have proceeded to issue saguvali chit to the petitioner, which the Tahsildar-

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WP No. 6108 of 2023

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respondent No.3 has failed to do. Therefore, the petitioner would be entitled for a direction as prayed. Hence, the following:

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ORDER

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i. Respondent No.3-Tahsildar is directed to consider the case of the petitioner for issuance of Saguvali Chit in respect of land in Sy.No.70 measuring 1.10 acres situated at BeeranahalliKavalu Village, KonanurHobli, Arakalagud Taluk, Hassan District, taking note of Annexure-B-Notice dated 21.02.2018 and pass an appropriate order within a period of three months from the date of receipt of a copy of this order.

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ii. With the above, writ petition stands disposed of.

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SD/JUDGE

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SMJ

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List No.: 1 Sl No.: 39

Sri. Veerabhadra v. the State of Karnataka

Case brief

What is this about?

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Sri. Veerabhadra v. the State of Karnataka

Case brief

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