High Court dismissed a writ petition seeking mandamus for regularization of unauthorized cultivation. The Court held that since the land was acquired by KIADB, the petitioner had no pre-existing right and the representation could not be considered.
Writ petition dismissed; respondents not obligated to consider petitioner's application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:36299 WP No. 23514 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 23514 OF 2024 (KLR-RES)
BETWEEN:
SRI.ESWAR SINGH S/O LATE B RAM SINGH AGED ABOUT 63 YEARS R/AT BHAVANAHALLI VILLAGE MALUR TALUK KOLAR DISTRICT
(SENIOR CITIZENSHIP BENEFITS NOT CLAIMED)
…PETITIONER
(BY SRI.SUNDARESH H C, ADVOCATE)
AND:
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:36299 WP No. 23514 of 2024
…RESPONDENTS
(BY SRI.HARISHA, A.S, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DTD 21.01.2013 AND 24.02.2023 AS PER ANNX-D AND D1 RESPECTIVELY, FOR CONSIDERING THE FORM NO.53 FILED BY THE PETITIONER FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION OF 1.00 ACRES OF LAND CULTIVATED BY HIS MOTHER SMT.PAPA BAI IN SY.NO.119, BHAVANAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Learned AGA is directed to accept notice for
respondents.
petitioner's applications dated 21.01.2013 and 24.02.2023 as per Annexures-D and D.1 respectively filed in Form No.53 seeking regularization of his unauthorized cultivation of 1 acre of land in Sy. No.119 of Bhavanahalli Village, Kasaba Hobli, Malur Taluk, Kolar District.
this Court is of the view that since larger extent is acquired by KIADB, the petitioner's representation before the Bagar Hukum Committee seeking regularization of his unauthorized occupation cannot be considered. Merely because the petitioner has filed an application in Form No.53 seeking regularization, that does not in itself constitute a pre-existing right. Since lands are already acquired, the petitioner's claim seeking regularization does not survive for consideration. Therefore, the petitioner has no legal right to seek mandamus at the hands of this
Court. The respondents are equally not obligated to consider the petitioner's application.
The writ petition is devoid of merits and
accordingly, stands dismissed.
SD/(SACHIN SHANKAR MAGADUM) JUDGE
NBM
List No.: 2 Sl No.: 5
1 issue framed by the court
Whether the High Court can issue a writ of mandamus directing the authorities to consider an application for regularization of unauthorized cultivation when the land has already been acquired by KIADB
2 provisions across 1 enactments
Sri. Eswar Singh
State of Karnataka
Deputy Commissioner, Kolar District
Tahasildar, Malur Taluk
Secretary, Committee for Regularization of Un-Authorized Cultivation
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
