Allowed

Sri. Narayanappa v. the State of Karnataka

Karnataka HC24 Sept 2024WP/27187/2023

Case brief

AI extract

What is this about?

Petitioner sought a Grant Certificate for regularization of unauthorized occupancy after the Bagar Hukum Committee recommended it. The Court held that once the Committee recommends under Rule 108D, the Tahasildar is duty-bound to consider and pass orders, and directed action within three months.

What did the court decide?

Tahasildar directed to pass orders on representations dated 08.08.2023 and 14.08.2023 within three months.

Sri. Narayanappa Vs the State of Karnataka — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:39584 WP No. 27187 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^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.27187 OF 2023 (KLR-RES)

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BETWEEN:

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SRI. NARAYANAPPA SON OF VEERATHIMMAIAH AGED ABOUT 56 YEARS RESIDING AT NO.58 KODIYALA KARENAHALLI VILLAGE BIDADI HOBLI RAMNAGARA TALUK RAMANGARA 562109

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…PETITIONER

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(BY SRI MUBARAK BEGUM S, 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 ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING BANGALORE - 560001

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THE DEPUTY COMMISSIONER DEPUTY COMMISSIONER OFFICE RAMANAGARA DISTRICT - 562159

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NC: 2024:KHC:39584 WP No. 27187 of 2023

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3. THE TAHASILDAR RAMANGARA TALUK

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RAMANGARA DISTRICT - 562159

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…RESPONDENTS

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

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R3 TO ISSUE SAGUVALI CHIT IN RESPECT OF THE LAND IN QUESTION BY CONSIDERING THE REPRESENTATIONS DATED 08/08/2023 AND 14/08/2023 GIVEN TO THE R3 VIDE ANNEXURE-G AND G1 TO THE WRIT PETITION AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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Learned AGA is directed to accept notice for

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respondents.

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2. The captioned writ petition is filed aggrieved by

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inaction on the part of respondent No.3 – Tahasildar in not

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NC: 2024:KHC:39584 WP No. 27187 of 2023

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issuing Grant Certificate inspite of there being

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recommendation by the Bagar Hukum Committee.

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3. The records reveal that the petitioner applied for

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regularization of unauthorized occupancy. The Bagar Hukum Committee having conducted an enquiry as contemplated under Rule 108D of the Karnataka Land Revenue Rules, 1965 has recommended to regularise the unauthorized occupation. The proceeding conducted by Bagar Hukum Committee is evidenced at Annexure-D, which is dated 01.08.2007 and the petitioner’s name is found at Sl. No.36 of the recommendation.

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4. The records reveal that the Committee has already recommended in terms of Rule 108D of the Karnataka Land Revenue Rules, 1966. Once there is a recommendation, respondent No.3 - Tahasildar under Sub Rule (3) of Rule 108D of the Karnataka Land Revenue Rules, 1966 is under bounden duty to consider the representation and pass appropriate orders.

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4 - NC: 2024:KHC:39584 WP No. 27187 of 2023

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5. The records also reveal that the petitioner has already deposited requisite amount, which is evidenced at Annexure-C. The case on hand clearly depicts that there is complete laxness on the part of respondent No.3 – Tahasildar in not issuing Grant Certificate in terms of the recommendation.

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6. Learned AGA, on instructions, has assured this Court that appropriate Report will be secured from the Village Accountant and necessary orders will be passed by respondent No.3 – Tahasildar.

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7. Recording the submission of the learned AGA, this

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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) Respondent No.3 – Tahasildar is hereby directed to pass appropriate orders on the representations dated 08.08.2023 and 14.08.2023 as per Annexures - G and G.1.

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NC: 2024:KHC:39584 WP No. 27187 of 2023

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(iii) This exercise shall be accomplished within a period of three months from the date of receipt of order copy.

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SD/-

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(SACHIN SHANKAR MAGADUM) JUDGE

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NBM

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List No.: 2 Sl No.: 4

Sri. Narayanappa v. the State of Karnataka

Case brief

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Sri. Narayanappa v. the State of Karnataka

Case brief

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