Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 31203 OF 2024 (KLR-REG) BETWEEN: N. KUMAR, S/O. NARAYANA NAIK, AGED ABOUT 37 YEARS, R/AT OBALAPURATHANDA VILLAGE, DINDAVARA POST, J.G. HALLI HOBLI, HIRIYURU TALUK, …PETITIONER (BY SMT. RATHNAMMA E, ADVOCATE) AND:
1. STATE OF KARNATAKA,
Digitally REPRESENTED BY PRINCIPAL SECRETARY, signed by REVENUE DEPARTMENT, KAVYA R MULTI STORIED BUILDING, Location: High Court of BENGALURU - 560 001. Karnataka
2. DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA - 577 501.
3. TAHSILDAR HIRIYURU TALUK, HIRIYURU, -2-
4. COMMITTEE FOR REGULARISATION
OF UNAUTHORIZED OCCUPATION, REPRESENTED BY SECRETARY AND TAHSILDAR, HIRIYUR TALUK, …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENTS TO CONSIDER THE APPLICATION FILED BY THE PETITIONER FOR REGULARIZATION AND TAKE DECISION IN SO FAR AS IT RELATES TO 4 ACRES OF LAND IN SY.NO.47 OF OBALAPURA VILLAGE, JAVANAGONDANAHALLI HOBLI, HIRIYURU TALUK, CHITRADURGA DISTRICT IS CONCERNED AS PER THE DETAILS SHOWN IN THE FORM NO.57 COPY OF WHICH IS PRODUCED AS ANNEXURE-A IN THE LIGHT OF THE GOVERNMENT ORDER BEARING NO.RD 59 LGP 2000 BENGALURU DATED 22.02.2003 AND UNIQUE QUE NO.RD.11 SVEE AND RAA 2003 DATED 22.02.2003 COPY OF WHICH IS PRODUCED AT ANNEX-B AND PASS ORDER FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION OF THE PETITIONER AS PER THE REPRESENTATION DATED 04.05.2024 TRUE COPY OF WHICH IS PRODUCED AS ANNEXURE-C AND ETC., 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
In the present petition, the petitioner seeks a writ of mandamus directing respondent No.3 - Tahsildar to place the petitioner’s application in Form No.57 before respondent No.4 - Land Grant Committee,learned AGA on -3- instructions submits that upon verification of records, it has been found that the petitioner is not eligible. Consequently, the petitioner’s application has now been forwarded to respondent No.2 - Deputy Commissioner for further action.
2. In light of statement made by the learned AGA,
respondent No.2-Deputy Commissioner, on receipt of proposal, shall independently examine the records and ascertain whether the petitioner is eligible to seek regularization. In the event the order is passed against the petitioner, the same shall be communicated to the petitioner. With these observations, the writ petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 14