Smt Usha Nanaiah Vs State of Karnataka

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS AUTHORITIES TO REGULARIZE THE OCCUPATION OF THE PETITIONER AND ISSUE CULTIVATION CERTIFICATE TO THE PETITIONER OF THE LAND BEARING SY NO. 36 TO THE EXTENT OF 8 ACRES 23 GUNTAS, SITUATED AT GOLLARAPALYA VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK, BY CONSIDERING THE REPRESENTATION OF THE PETITIONER, PRODUCED VIDE ANNEXURE-B, C AND J.

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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 R DEVDAS

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ORAL ORDER

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Learned High Court Government Pleader accepts notice for all the respondents.

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The grievance of the petitioner is that the application filed in Form No.57 seeking regularization of unauthorised occupation of 8 acres of land in Survey No.36 of Gollarapalya Village, Bidadi Hobli, Ramanagara Taluk, on 14.11.2018, has not been considered till date.

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The petitioner has filed representations dated 20.12.1983,

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HC-KAR

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20.04.2002 and 14.11.2018. Therefore, the prayer in the petition is to direct the respondents to consider the said representations of the petitioner and till consideration, direct the respondents not to interfere with the peaceful possession and enjoyment of the petition schedule property.

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Having regard to the contentions raised in the writ petition and submission of the learned counsel for the petitioner, this Court is of the considered opinion that respondent No.4-Tahsildar was duty bound to place the application filed by the petitioner before the ‘Committee for Regularization of Unauthorized Occupation’ and the Committee was also duty bound to consider the application and pass necessary orders. That exercise not having been taken by the respondent authorities, the respondents cannot evict the petitioner without consideration of the application of the petitioner.

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HC-KAR

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Consequently, the writ petition stands disposed of with a specific direction to respondent No.4-Tahsildar, Ramanagara Taluk, to verify from the records as to whether such an application filed by the petitioner in the year 2018, is pending consideration. If it is found that such an application was indeed filed by the petitioner and the application is yet to be considered, the respondentTahsildar is directed to place before the Committee, the application along with his recommendation within a period of two months from the date of receipt of a copy of this order. Thereafter, the Committee shall consider the application and pass necessary orders in accordance with law as expeditiously as possible and at any rate within a period of two months thereafter.

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Needless to observe that till the application of the petitioner is disposed of in terms of the directions issued by this Court, the possession of the petitioner in respect of the petition schedule property shall not be disturbed.

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