Smt. Sumithra vs the State of Karnataka

Smt. Sumithra vs The State of Karnataka

Type Court Judgment Court Karnataka Decided Feb 01, 2025

~2 min read

https://sooperkanoon.com/case/1651935

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1651935
Court: Karnataka High Court
Judge: Sachin Shankar Magadum
Decided On: Feb 01, 2025
Case Number: WP/2149/2025

Parties & Advocates

Appellant / Petitioner

Smt. Sumithra

Respondent

The State of Karnataka

Excerpt

.....226 and 227 of the constitution of india, praying to direct the respondents to consider the representation for having submitted the acknowledgment dated 17-12-2018 filed by the petitioner which is pending for consideration as per vide annexure a. this petition, coming on for preliminary hearing, this day, order was made therein as under: coram: hon'ble mr justice sachin shankar magadumoral orderpetitioner is aggrieved by the inaction of respondents 3 and 4 in not deciding the petitioner's application filed in prescribed form no.57 seeking regularization of unauthorized occupation of petition land.2. petitioner is aggrieved by the inaction on the ground that though the committee is constituted on 22.1.2024, petitioner's application is not taken up for consideration. -3-3. learned aga, on instructions, assures that if petitioner's application is found to be eligible, the same would be placed before the respondent no.4/committee for further course of action.4. recording assurance of learned aga, this court proceeds to pass the following:order(i) the writ petition is allowed.(ii) respondent no.3 shall forthwith securereport from the concerned sub-ordinate authority and after collecting all relevant documents, in the event, the petitioner's application is found eligible the same shall be placed before respondent no.4/land grant committee for further course of action.(iii) in the event, respondent no.3/tahsildar comes to the conclusion that the petitioner's application is not eligible, the same shall be placed before the deputy commissioner for further orders. -4-(iv) this exercise shall be accomplished by respondent no.3/tahsildar within a period of three months' from the date of receipt of certified copy of this order. sd/- (sachin shankar magadum) judge alb list no.: 1 sl no.: 61

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 2149 OF 2025 (KLR-RES) BETWEEN:
1. SMT. SUMITHRA W/O APPU POOJARI AGED ABOUT 66 YEARS R/AT ATHIHALLI VILLAGE HETHUR HOBLI SAKALESHAPURA TALUK HASSAN DISTRICT -573 123. …PETITIONER (BY SRI. KARIBASAVARAJA .K.T, ADVOCATE) AND:
1. THE STATE OF KARNATAKA
REVENUE DEPARTMENT M.S. BUILDING AMBEDKAR VEEDHI Digitally signed by AL BHAGYA BENGALURU-560 001. Location: HIGH REP. BY ITS PRINCIPAL SECRETARY COURT OF KARNATKA
2. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN-573 201.
3. THE TAHASILDAR
4. LAND GRANT COMMITTEE
-2- REP. BY ITS PRESIDENT/MEMBERS …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION FOR HAVING SUBMITTED THE ACKNOWLEDGMENT DATED 17-12-2018 FILED BY THE PETITIONER WHICH IS PENDING FOR CONSIDERATION AS PER VIDE ANNEXURE A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

Petitioner is aggrieved by the inaction of respondents 3 and 4 in not deciding the petitioner's application filed in prescribed Form No.57 seeking regularization of unauthorized occupation of petition land.

2. Petitioner is aggrieved by the inaction on the ground that though the Committee is constituted on 22.1.2024, petitioner's application is not taken up for consideration. -3-

3. Learned AGA, on instructions, assures that if petitioner's application is found to be eligible, the same would be placed before the Respondent No.4/Committee for further course of action.

4. Recording assurance of learned AGA, this Court proceeds to pass the following:

ORDER

(i) The writ petition is allowed.

(ii) Respondent No.3 shall forthwith secure

report from the concerned sub-ordinate Authority and after collecting all relevant documents, in the event, the petitioner's application is found eligible the same shall be placed before Respondent No.4/Land Grant Committee for further course of action.

(iii) In the event, Respondent No.3/Tahsildar comes to the conclusion that the petitioner's application is not eligible, the same shall be placed before the Deputy Commissioner for further orders. -4-

(iv) This exercise shall be accomplished by respondent No.3/Tahsildar within a period of three months' from the date of receipt of certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 61

Same Court & Year Karnataka · 2025 Same Parties Smt. Sumithra vs The State of Karnataka Same Judge Sachin Shankar Magadum