Allowed

V S Thimmegowda v. the State of Karnataka

Karnataka HC9 Sept 2024WP/24454/2024

Case brief

AI extract

What is this about?

Petitioner challenged an eviction notice issued by the Tahasildar under Section 104 of the Karnataka Land Revenue Act while his Form No.57 application for regularization of additional land was pending before the Bagar Hukum Committee. The High Court held precipitative action was impermissible and set aside the notice.

What did the court decide?

Eviction notice dated 22.08.2024 (Annexure-A) set aside; Form No.57 application to be decided by Bagar Hukum Committee/Special Deputy Commissioner; Tahasildar barred from precipitative action until th

V S Thimmegowda Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2024)

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1 - NC: 2024:KHC:36695 WP No. 24454 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.24454 OF 2024 (KLR-RES)

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BETWEEN:

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V S THIMMEGOWDA AGED ABOUT 74 YEARS S/O SHIVEGOWDA VALAGERAHALLI HALASUMANE CHICKMAGALUR TALUK CHICKMAGALUR DISTRICT-577133. BENEFIT OF SENIOR CITIZEN NOT CLAIMED

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…PETITIONER

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(BY SRI. K PRASANNA SHETTY, 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 REPRESENTED BY PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING BENGALURU-560001

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TAHASHILDAR CHICKMAGALUR TALUK CHICKMAGALUR DISTRICT-577133

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…RESPONDENTS

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(BY SRI.HARISHA A.S, AGA)

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NC: 2024:KHC:36695 WP No. 24454 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE/ORDER DTD 22.08.2024 IN NO.VASTARE TT(Mi)/23-24 (E-477077) ISSUED BY THE TAHASHILDAR, CHICKMAGALUR TALUK I.E., R-2 (ANNX-A), IN SO FOR AS LAND BEARING SY.NO.46/1 MEASURING 0.07 GUNTAS OF HALASUMANE VILLAGE, VASTARE HOBLI, CHICKMAGALUR TALUK (SL.NO.7) AT ANNX-A 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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The petitioner is aggrieved by the impugned notice dated 22.08.2024 issued by respondent No.2 – Tahasildar calling upon the petitioner to handover the petition land.

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2. Heard learned counsel appearing for the petitioner and learned AGA. Perused the records.

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3. The petitioner contends that his father Shivegowda was unauthorized occupant of the land bearing Sy. No.46 measuring 1 acre of Halasumane

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3 - NC: 2024:KHC:36695 WP No. 24454 of 2024

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Village, Vastare Hobli, Chickmagalur Taluk. The

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petitioner’s elder brother submitted an application seeking grant of the land in the year 1980. Though the Authorities have granted 1 acre 15 guntas of land, it seems that the petitioner along with his family members are seeking an additional grant to an extent of 1 acre on the premise that they have made huge improvements and the application seeking regularization of additional land of 1 acre is pending consideration before Bagar Hukum Committee.

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4. The petitioner contends that unless the application

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filed in Form No.57 is decided, respondent No.2 – Tahasildar was not justified in taking precipitative action under Section 104 of the Karnataka Land Revenue Act. This Court finds some force in the submission made by the learned counsel appearing for the petitioner. Respondent No.2 – Tahasildar and Bagar Hukum Committee cannot keep the application filed in Form No.57 pending indefinitely. If such an application is filed seeking regularization, without deciding the application,

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4 - NC: 2024:KHC:36695 WP No. 24454 of 2024

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respondent No.2 – Tahasildar could not have issued eviction notice by exercising power under Section 104 of the Karnataka Land Revenue Act. Therefore, this Court is of the view that the impugned eviction notice is not sustainable at this juncture.

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5. For the reasons stated supra, this Court proceeds to pass the following;

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ORDER

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(i) The writ petition is allowed.

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(ii) The impugned eviction notice dated 22.08.2024 as per Annexure-A is hereby set-aside.

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(iii) The Bagar Hukum Committee and the Special Deputy Commissioner, as the case may be, shall decide the application filed in Form No.57 in accordance with law.

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(iv) Till then, respondent No.2 Tahashildar shall not take any precipitative action more particularly

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NC: 2024:KHC:36695 WP No. 24454 of 2024

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by having recourse under Section 104 of the Karnataka Land Revenue Act.

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SD/(SACHIN SHANKAR MAGADUM) JUDGE

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NBM

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List No.: 1 Sl No.: 72

V S Thimmegowda v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

V S Thimmegowda v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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