Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.18871 OF 2025 (KLR-RES) BETWEEN:
1. RANGANATHAPPA S/O HANUMANTHAPPA, AGED ABOUT 71 YEARS, KADAPURA, SIRA TALUK, TUMKURU DISTRICT - 572 137.
2. HENJARAPPA S/O MAHALINGAPPA, AGED ABOUT 63 YEARS, R/O KALLUKOTE, KASABA HOBLI, SIRA TALUK - 572 137 TUMAKURU DISTRICT.
3. GANJENDRA,
Digitally signed S/O KARIYAPPA, by CHANDANA AGED ABOUT 50 YEARS, BM R/O KALLUKOTE, Location: High KASABA HOBLI, Court of SIRA TALUK - 572 137 Karnataka TUMKURU DISTRICT.…PETITIONERS (BY SRI. HANUMANTHARAYAPPA K., ADVOCATE) AND:
1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDINGS, VIDHANA VEEDHI ROAD, BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY. -2-
2. THE COMMITTEE FOR REGULARISATION OF UNAUTHORISED CULTIVATION, REPRESENTED BY THE TAHSILDAR.
3. THE TAHSILDAR, TUMKURU DISTRICT …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE THIRD RESPONDENT TO PLACE THE APPLICATIONS FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT COMMITTEE FOR REGULARISATION OF THEIR UNAUTHORISED CULTIVATION IN SY.NO.93 OF KALLUKOTE VILLAGE, KASABA HOBLI, SIRA TALUK EXPEDITIOUSLY WITH A FURTHER DIRECTION TO THE 2ND RESPONDENT COMMITTEE TO DECIDE THE SAME WITHIN 5 MONTHS AS INDICATED BY THIS HONBLE COURT, ANNEXUREA.
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 Additional Government Advocate takes notice for all the respondents. -3-
2. It is the contention of the petitioners that
despite this Court setting aside the orders passed by the Karnataka Appellate Tribunal and issuing necessary directions to the Tahasildar to place the application filed by the petitioners before the “Committee for Regularization of Unauthorized Occupation” to reconsider the application, the Tahasildar has not placed the application of the petitioners before the Committee.
3. Learned Additional Government Advocate has
pointed out that the said order was passed by this Court in W.P.No.28120/2009 on 23.11.2009 and it would be wrong on the part of the petitioners to contend that no Committee was constituted from 2009 till date.
4. Nevertheless, if the application of the
petitioners was directed to be reconsidered, then the Tahasildar is duty bound to place the same before the “Committee for Regularization of Unauthorized Occupation”. -4-
5. The writ petition is accordingly disposed of
with a specific direction to the respondent No.3 - Tahasildar, Sira Taluk, Sira, Tumkuru District, to place the application of the petitioners as directed by this Court in W.P.No.28120/2009 before the “Committee for Regularization of Unauthorized Occupation” within a period of four weeks from the date of receipt of copy of this
order.
6. As and when such application is placed before
the Committee, the Committee shall reconsider the application in view of the observations made by this Court in W.P.No.28120/2009 and pass necessary orders as expeditiously as possible and at any rate within a period of two months from the date when the application is placed before it. Ordered accordingly. Sd/- (R DEVDAS) JUDGE SV List No.: 1 Sl No.: 38