Allowed

Rathnamma v. the State of Karnataka

Karnataka HC18 Sept 2024WP/23009/2024

Case brief

AI extract

What is this about?

Writ petition seeking direction to the Tahsildar to consider the petitioner's Form No.57 application for regularization of unauthorized cultivation by placing it before the Bagar Hukkum Committee under Rule 108D of the Karnataka Land Revenue Rules, 1966. Court allowed the petition and directed the committee to inquire and decide within four months.

What did the court decide?

Tahsildar directed to place the Form No.57 representation before the Bagar Hukkum Committee; Committee to hold inquiry under Rule 108D and pass orders within four months.

Rathnamma Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2024)

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NC: 2024:KHC:38183 WP No. 23009 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.23009 OF 2024 (KLR-RES)

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BETWEEN:

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RATHNAMMA, S/O DODDANARAYANAPPA, AGED ABOUT 49 YEARS, VADDAHALLI VILLAGE, KAIWARA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT - 563 128.

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…PETITIONER

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(BY SRI. D.P.PRASANNA, ADVOCATE)

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AND:

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY ITS SECRETARY, DEPT. OF REVENUE, VIDHANA SOUDHA, BANGALORE - 560 001.

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THE DEPUTY COMMISSIONER, CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR - 562 101.

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THE TAHSILDAR, CHINTAMANI TALUK, CHINTAMANI - 563 125.

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…RESPONDENTS

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(BY SMT. B.P.RADHA, AGA)

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NC: 2024:KHC:38183 WP No. 23009 of 2024

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R3 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 03.08.24, AS PER ANNEXURE-B EXPEDITIOUSLY AS POSSIBLE AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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This petition is filed by the petitioner seeking a writ of mandamus to direct respondent No.3, the Tahasildar, to take cognizance of the petitioner's representation dated 03.08.2024, which is evidenced at Annexure-B, and to regularize the petitioner's unauthorized occupation of the land in question.

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The petitioner claims that he has been cultivating the land unauthorizedly and has submitted an application in Form No.57 before respondent No.3, the Tahasildar, seeking regularization of the unauthorized cultivation in accordance with the

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3 - NC: 2024:KHC:38183 WP No. 23009 of 2024

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provisions of the Karnataka Land Revenue Rules, 1966. The grievance of the petitioner is that despite submitting the said application, respondent No.3 has not taken any action to place the representation before the Bagar Hukkum Committee, as required under Rule 108D of the Karnataka Land Revenue Rules, 1966 (hereinafter referred to as the ‘1966 Rules’). The petitioner contends that the inaction on the part of respondent No.3 in placing the representation before the committee has caused undue hardship and delay in the regularization of his unauthorized cultivation.

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The learned counsel for the petitioner argues that the petitioner is entitled to have his representation considered by the Bagar Hukkum Committee in accordance with Rule 108D of the 1966 Rules. It is further submitted that the petitioner has fulfilled all necessary conditions and has submitted his

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4 - NC: 2024:KHC:38183 WP No. 23009 of 2024

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application in Form No.57, and therefore, it is

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incumbent upon respondent No.3 to place the same before the committee for its consideration.

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The learned Additional Government Advocate (AGA), representing respondents No.1 to 3, upon instructions, submits that the petitioner's application will be duly placed before the Bagar Hukkum Committee, and the committee will conduct an inquiry

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and pass appropriate orders as per the provisions of Rule 108D of the 1966 Rules.

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Upon hearing the arguments of both parties and after perusing the records, this Court is of the view that the petitioner's grievance is genuine. The petitioner has followed the due process by submitting his application in Form No.57 for the regularization of unauthorized cultivation, and it is the duty of respondent No.3 to place the representation before

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5 - NC: 2024:KHC:38183 WP No. 23009 of 2024

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the Bagar Hukkum Committee for further action as mandated under Rule 108D of the 1966 Rules.

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The assurance given by the learned AGA on

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behalf of the respondents that the petitioner's application will be placed before the committee and that an inquiry will be conducted in accordance with law is noted by this Court.

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In light of the submissions made and the assurance provided by the learned AGA, this Court finds it appropriate to allow the writ petition.

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Accordingly, this Court proceeds to pass the

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following;

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ORDER

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i. The writ petition is allowed.

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ii. Respondent No.3, the Tahasildar, is directed to place the petitioner's representation dated 03.08.2024,

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NC: 2024:KHC:38183 WP No. 23009 of 2024

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submitted in Form No.57, before the Bagar Hukkum Committee for further course of action in accordance with Rule 108D of the Karnataka Land Revenue Rules, 1966.

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iii. Upon such placement of the representation, the Bagar Hukkum Committee shall hold an inquiry as prescribed under Rule 108D of the 1966 Rules, following due process, and pass appropriate orders on the regularization of the petitioner's unauthorized cultivation.

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iv. This entire process, including the conduct of the inquiry and passing of orders by the committee, shall be completed within a period of four months from the date of receipt of a certified copy of this order.

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SD/(SACHIN SHANKAR MAGADUM) JUDGE

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HDK List No.: 1 Sl No.: 13 CT: BHK

Rathnamma v. the State of Karnataka

Case brief

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Rathnamma v. the State of Karnataka

Case brief

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