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Sri Shivakumar vs the State of Karnataka

Sri Shivakumar vs The State of Karnataka

Type Court Judgment Court Karnataka Orders Decided Feb 03, 2026
~3 min read
https://sooperkanoon.com/case/1573752

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Citation
Court
Karnataka Orders High Court
Judge
Decided On
Case Number
WP/31396/2025

Parties & Advocates

Appellant / Petitioner

Sri Shivakumar

Respondent

The State of Karnataka

Excerpt

.....had given by the petitioner vide annexure-c2 dated 24.03.2021 and annexure-c3 dated 07.12.2024 and annexure-c4 dated 08.03.2025 and annexure-c5 dated 30.05.2025 respectively.this petition, coming on for preliminary hearing, this day, order was made therein as under: coram: hon'ble mr. justice r devdasoral orderlearned high court government pleader accepts notice for all the respondents.2. the grievance of the petitioner is that hisapplication filed in form no.53 dated 24.11.1998 seeking regularization of unauthorised occupation of land in respect of 2 acres of land in sy.no.96 of baganadhodi village, kasaba hobli, anekal taluk, bengaluru rural district has not been considered till date. therefore, the -3- prayer in the petition is to direct the respondents to consider the said application.3. having regard to the contentions raised in thewrit 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.4. the writ petition stands disposed of with aspecific direction to respondent no.4-tahsildar, anekal taluk, to verify from the records as to whether such an application filed by the petitioner in the year 1998, 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 respondent no.4- tahsildar is directed to place before the committee, the application along with his recommendation within a period -4- of four weeks from the date of receipt of a copy of this order. thereafter, 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.5......

Full Judgment

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 31396 OF 2025 (KLR-RR/SUR) BETWEEN: SRI. SHIVAKUMAR S/O LATE LINGAPPA, AGED ABOUT 49 YEARS, RESIDING AT INDLAVADI VILLAGE, KASABA HOBLI, ANEKAL TALUK-562 106, BANGALORE RURAL DISTRICT. …PETITIONER (BY SRI. V.B. RAVISHANKAR, ADVOCATE) AND:

1. THE STATE OF KARNATAKA

BY ITS REVENUE SECRETARY, DEPARTMENT OF REVENUE, Digitally M.S. BUILDING, BANGALORE-560 001. signed by LAKSHMI T Location: 2. DEPUTY COMMISSIONER High Court BANGALORE SOUTH TALUK, of Karnataka KANIJA BHAVAN, BANGALORE-560 001.

3. ASSISTANT COMMISSIONER

4. TAHSILDAR …RESPONDENTS (BY SRI. SESHU V., HCGP) -2- THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 4TH

REPONDENT HEREIN TO CONSIDER THE APPLICATIONS/MEMORANDUM OF THE PETITIONER FOR GRANT OF LAND MEASURING 2 ACRES IN SY.NO.96 OF BAGANADHODI VILLAGE VIDE ANNEXURE-A AND APPLICATION FILED BY THE PETITIONER IN FORM NO.53 DATED 24.11.1998 AS PER MEETING HELD BY THE BAGAR HUKUM SAGUVALI SAMITHI DATED 17.03.2018 VIDE ANNEXURE-B AND REPRESENTATIONS HAD GIVEN BY THE PETITIONER VIDE ANNEXURE-C2 DATED 24.03.2021 AND ANNEXURE-C3 DATED 07.12.2024 AND ANNEXURE-C4 DATED 08.03.2025 AND ANNEXURE-C5 DATED 30.05.2025 RESPECTIVELY.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

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

2. The grievance of the petitioner is that his

application filed in Form No.53 dated 24.11.1998 seeking regularization of unauthorised occupation of land in respect of 2 acres of land in Sy.No.96 of Baganadhodi Village, Kasaba Hobli, Anekal Taluk, Bengaluru Rural District has not been considered till date. Therefore, the -3- prayer in the petition is to direct the respondents to consider the said application.

3. 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.

4. The writ petition stands disposed of with a

specific direction to respondent No.4-Tahsildar, Anekal Taluk, to verify from the records as to whether such an application filed by the petitioner in the year 1998, 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 respondent No.4- Tahsildar is directed to place before the Committee, the application along with his recommendation within a period -4- of four weeks from the date of receipt of a copy of this order. Thereafter, 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.

5. Ordered accordingly.

6. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE HB List No.: 1 Sl No.: 24

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