Sri Jayanna vs the State of Karnataka

Sri Jayanna vs The State of Karnataka

Type Court Judgment Court Karnataka Decided Feb 01, 2025

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https://sooperkanoon.com/case/1679935

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Citation: sooperkanoon.com/1679935
Court: Karnataka High Court
Judge: Sachin Shankar Magadum
Decided On: Feb 01, 2025
Case Number: WP/9284/2024

Parties & Advocates

Appellant / Petitioner

Sri Jayanna

Respondent

The State of Karnataka

Excerpt

.....hon'ble mr justice sachin shankar magadumoral orderthe captioned petition is filed seeking direction against respondent no.2-tahsildar to collect the premium and issue a saguvali chit in terms of the grant made by the committee.2. heard learned counsel for the petitioner and learned aga.3. in accordance with the provisions of thekarnataka land revenue act, 1964, specifically rule 108(d)(4), once the land grant committee recommends the regularization of an unauthorized occupation, it becomes the bounden duty of the tahsildar to act upon such a recommendation. the tahsildar is required to issue a certificate of grant and saguvali chit in the prescribed -3- form, formalizing the regularization process. upon issuance of the certificate, the beneficiary is mandated to remit the requisite premium as stipulated under the aforementioned rule. in the present case, the land grant committee has already assessed the petitioner’s unauthorized occupation and has recommended its regularization. therefore, this court deems it appropriate to direct respondent no. 2 - tahsildar to carefully examine the recommendations made by the land grant committee without unnecessary delay, ensure compliance with the procedural requirements, and take appropriate action by issuing the necessary certificate of grant and saguvali chit, subject to the payment of the applicable premium by the petitioner.4. for the foregoing reasons, this court passes the following:orderi. the writ petition is allowed; -4- ii. respondent no.2-tahsildar, shall examine the recommendations made by the land grant committee; iii. if such recommendation is made, respondent no.2-tahsildar shall ensure that saguvali chit is issued forthwith; iv. this exercise shall be accomplished within a period of three months from the date of receipt of order copy. sd/- (sachin shankar magadum) judge hj list no.: 1 sl no.: 4

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. 9284 OF 2024 (KLR-RES) BETWEEN: SRI. JAYANNA S/O. NARASIMAIAH AGED ABOUT 56 YEARS, K.G. GOLLARAPALYA RAMANAGARA TALUK AND DISTRICT …PETITIONER (BY SMT. GEETHA A., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S. BUILDING, BANGALORE-560001.
Digitally   2.
signed by         THE TAHSILDAR
SUMA              RAMANAGARA TALUK,
Location:         RAMANAGARA DISTRICT-562159
HIGH COURT …RESPONDENTS KARNATAKA (BY SMT. B.P.RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO ISSUE ENDORSEMENT TO PAY THE CALCULATED "PREMIUM" IN RESPECT OF THE LAND IN QUESTION BY CONSIDERING THE REPRESENTATION DATED -2- 02.03.2024 GIVEN TO THE RESPONDENT NO.2 VIDE ANNEXURE-C TO THE WRIT PETITION. 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

The captioned petition is filed seeking direction against respondent No.2-Tahsildar to collect the premium and issue a saguvali chit in terms of the grant made by the committee.

2. Heard learned counsel for the petitioner and learned AGA.

3. In accordance with the provisions of the

Karnataka Land Revenue Act, 1964, specifically Rule 108(d)(4), once the Land Grant Committee recommends the regularization of an unauthorized occupation, it becomes the bounden duty of the Tahsildar to act upon such a recommendation. The Tahsildar is required to issue a certificate of grant and saguvali chit in the prescribed -3- form, formalizing the regularization process. Upon issuance of the certificate, the beneficiary is mandated to remit the requisite premium as stipulated under the aforementioned rule. In the present case, the Land Grant Committee has already assessed the petitioner’s unauthorized occupation and has recommended its regularization. Therefore, this Court deems it appropriate to direct Respondent No. 2 - Tahsildar to carefully examine the recommendations made by the Land Grant Committee without unnecessary delay, ensure compliance with the procedural requirements, and take appropriate action by issuing the necessary certificate of grant and saguvali chit, subject to the payment of the applicable premium by the petitioner.

4. For the foregoing reasons, this Court passes the following:

ORDER

i. The writ petition is allowed; -4- ii. Respondent No.2-Tahsildar, shall examine the recommendations made by the land grant committee; iii. If such recommendation is made, respondent No.2-Tahsildar shall ensure that saguvali chit is issued forthwith; iv. This exercise shall be accomplished within a period of three months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HJ List No.: 1 Sl No.: 4

Same Court & Year Karnataka · 2025 Same Parties Sri Jayanna vs The State of Karnataka Same Judge Sachin Shankar Magadum