Sri D Ramakrishnappa Vs State of Karnataka

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECT THE RESPONDENTS 3 AND 4 TO CONSIDER THE FORM NO.57 DATED 06.02.2019 FOR REGULARIZATION OF UN-AUTHORIZED OCCUPATION IN RESPECT OF SY.NO.1, MEASURING 3-00 ACRES SITUATED T.PEDDANAHALLI VILLAGE, BAASHETTIHALLI HOBLI, SIDDLAGHATTA TALUK, CHICKBALLAPUR DISTRICT AND CONSIDERED THE REPRESENTATION VIDE ANNEXURE B AND ETC.

¶27

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

¶28

3 -

¶29

NC: 2026:KHC:17708 WP No. 8799 of 2026

¶30

HC-KAR

¶31

CORAM: HON'BLE MR. JUSTICE R DEVDAS

¶32

ORAL ORDER

¶33

Learned Additional Government Advocate is directed to take notice for all the respondents.

¶34

It is the contention of the petitioner that he has filed an application in Form No.57 on 06.02.2019 seeking regularization of unauthorized occupation of 3 acres of land in Sy.No.1 of the T.Peddanahalli Village, Baashettihalli, Hobli, Siddlaghatta Taluk, Chickballapur District and the same has not been considered by the Committee for regularization of unauthorized occupation till date. Therefore, the prayer in the petition is to direct the respondents to consider the said application and till consideration, direct the respondents not to interfere with the peaceful possession and enjoyment of the petition schedule property.

¶35

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.3-Tahsildar was duty bound to place the

¶36

4 -

¶37

NC: 2026:KHC:17708 WP No. 8799 of 2026

¶38

HC-KAR

¶39

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.

¶40

The writ petition stands disposed of with a specific direction to respondent No.3-Tahsildar, Siddlaghatta Taluk, to verify from the records as to whether such application filed by the petitioner in the year 2019 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 Tahsildar is directed to place before the Committee for regularisation of unauthorised occupation, the application along with his recommendation within a period of six weeks from the date of receipt of a copy of this order. Thereafter, the Committee shall consider the said application and pass necessary orders in accordance with law as expeditiously as possible and at any rate within a period of two months.

¶41

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

¶42