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2025 DAILYLAW 12535 (KAR)

SRI LAKSHMEGOWDA v. STATE OF KARNATAKA

WP/231/2025 · 2025-03-04

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:9214 WP No. 231 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 231 OF 2025 (KLR-RES) BETWEEN: 1. SRI LAKSHMEGOWDA S/O. LATE THAMMAIAHPPA @ NANJUNDAPPA. AGED ABOUT 61 YEARS, R/AT KUNTANAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT 561 203. …PETITIONER (BY SRI. K.N.SUNIL., ADVOCATE) AND: 1. STATE OF KARNATAKA REPTD. BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION, DODDABALLAPURA TALUK, DODDABALLAPURA, REPTD. BY ITS SECRETARY/TAHASILDAR, DODDABALLAPUR TALUK 561 203. 3. THE ASSISTANT COMMISSIONER, DODDABALLAPUR SUB-DIVISION, DODDABALLAPUR TALUK, DODDABALLAPUR 561 203. 4. THE TAHASILDAR, DODDABALLAPUR TALUK, DODDABALLAPUR 561 203 …RESPONDENTS (BY SMT. B.P.RADHU., AGA) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9214 WP No. 231 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT / ORDER BEARING NO. L.N.D (KA)CR 10/2024-25 DATED 26/10/2024 AT ANN-H ISSUED BY THE R4 AND CONSEQUENTLY DIRECT THE RESPONDENT AUTHORITIES TO REGULARIZE THE LAND BEARING SY. NO. 33 OF KUNTANAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGLAURU RURAL DISTRICT, TO AN EXTENT OF 3 ACRES, WHICH IS UNDER UNAUTHORIZED CULTIVATION OF THE PETITIONER, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is to quash the endorsement dated 26.10.2024 (the copy of which is produced at Annexure – H) whereby the Authorities have refused to issue a saguvali chit on the ground that the land in question falls within radius of 5 km from the municipal limits. 2. Learned counsel points out that, this Court in WP No.23396/2022, on 06.02.2023, disposed of the writ petition in the following terms: “6. After considering the distance in terms of the directions given herein above, if it is found - 3 - NC: 2025:KHC:9214 WP No. 231 of 2025 that the land did not fall within the prohibited distance of 18 kms at the relevant point of time, i.e., 1999-2000, the Tahsildar shall place the application of the petitioner before the Committee for regularization of unauthorized occupation within a period of two months from the date of receipt of a copy of this order. The Committee shall consider and pass necessary orders within a period of two months from the date when the application is placed by the Tahsildar before the Committee”. 3. It is also stated that, this order was also been followed by another decision rendered in WP No.213/2025, disposed of on 17.02.2025. 4. These assertions are not disputed by the learned AGA. 5. In the light of the above, this writ petition shall also stand disposed of in terms of the order passed in WP No.23396/2022 and the respondents are directed to act in accordance with the direction issued thereunder. - 4 - NC: 2025:KHC:9214 WP No. 231 of 2025 6. It is needless to state that, as ordered earlier, the Committee would have to pass the necessary orders within a period of two months from the date on which the application is placed by the Tahsildar before the Committee. 7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 13