Sri S C Burman Vs the Tahsildar

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R- 1/RESPONDENTS, TO CONSIDER THE APPLICATION OF PETITIONER DTD 18.05.1991 VIDE ANNX-A AND APPLICATION DTD 02.04.2008 VIDE ANNX-F AND REMANDING APPLICATION DTD 11.02.2019 VIDE ANNX-O IN THE W.P. FOR REGULARIZATION OF CULTIVATION OF SCHEDULE LAND.

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

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CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL ORDER

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In this writ petition, the petitioner is seeking a writ of mandamus directing respondent No.1 to consider the applications of the petitioner dated 18.05.1981 as per Annexure-A, dated 02.04.2008 as per Annexure-F and dated 11.02.2019 as per Annexure-O.

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The grievance of the petitioner is that on 19.05.1991, the mother of the petitioner had filed an application in Form No.50 before the 1^st respondent for regularization of land measuring 3 acres 15 guntas in

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HC-KAR

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Sy.No.25 (New Sy.No.25/P1) situated at Kempathimmanahalli Village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District, under the scheme of better cultivation. Subsequently, the said application was forwarded to the Tahsildar, who, after obtaining survey sketch and report forwarded the same to the Deputy Commissioner. The Deputy Commissioner, in turn, obtained a report and forwarded the same to respondent No.3 to consider the prayer of petitioner. Respondent No.3 also sought a clarification from respondent No.2 as per Annexure-G. It is the case of the petitioner that though the Deputy Commissioner provided clarification, yet respondent No.3 has not considered the prayer of the petitioner. Hence, he is before this Court.

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Learned Additional Government Advocate submits

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that the request of the petitioner was placed before respondent No.3 for consideration since the same has to be granted as per the provisions of Karnataka Land Grant

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HC-KAR

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Rules and, if time is granted, respondent No.3 will consider the same in accordance with law.

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Having heard the learned counsel for the parties and on perusal of documents placed before this Court, it could be gathered that the petitioner has initially filed application before the 1^st respondent - Tahsildar and the Tahsildar, after securing survey report and other clarification from the concerned authorities forwarded the same to the Deputy Commissioner and the Deputy Commissioner, in turn, forwarded the same to respondent No.3. There are multiple correspondences between the Deputy Commissioner and respondent No.3. Presently applications of the petitioner are pending before respondent No.3 for consideration. In such circumstances, without expressing any opinion on merits of the case, respondent No.3 is directed to consider the aforesaid representations/applications of the petitioner in accordance with law by considering the correspondences made by the Deputy Commissioner as per Annexure- *E ,

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