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2025 DAILYLAW 12632 (KAR)

SRI. MADEGOWDA v. THE STATE OF KARNATAKA

WP/771/2025 · 2025-02-03

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:4816 WP No. 771 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 771 OF 2025 (KLR-REG) BETWEEN: SRI. MADEGOWDA, AGED ABOUT 65 YEARS S/O. LATE VENKATARMANEGOWDA R/AT BOLANAHALLY VILLAGE AND POST, BILIKERE HOBLI, HUNSUR TALUK MYSORE DISTRICT - 571 602. …PETITIONER (BY SRI. B.S. NAGARAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE M.S. BUILDING, BENGALURU - 560 001. 2. THE ASSISTANT COMMISSIONER HUNSUR SUB-DIVISION HUNSURU - 560 001. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:4816 WP No. 771 of 2025 3. THE THASILDAR HUNSUR TALUK MYSORE DISTRICT - 571 105. 4. THE LAND GRANT COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION, REPRESENTED BY ITS SECRETARY- THASILDAR HUNSUR TQ, MYSORE DISTRICT - 571 105. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-3 TAHSILDAR TO CONSIDER THE APPLICATION (REPRESENTATION) DATED 17.05.2024 MADE BY THE PETITIONER COPY SUBMITTED AT ANNX-A 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 The petitioner in the caption petition is aggrieved by the inaction on the part of both the respondent and the Land grant - 3 - NC: 2025:KHC:4816 WP No. 771 of 2025 Committee in not deciding petitioner's claim for regularizing in terms of the directions issued by the Assistant Commissioner while disposing of the appeal filed by the petitioner vide Annexure - A1. 2. Heard Sri. B.S. Nagaraj, learned counsel appearing for the petitioner and Smt. B.P. Radha, learned AGA appearing for the respondents. 3. Upon a thorough examination of the writ papers, it becomes evident that the petitioner’s application, which has been duly submitted in the prescribed form, remains pending before the Land Grant Committee for consideration. Although the petitioner’s request for regularization was previously declined by the Committee, this decision was subsequently challenged by the petitioner through an appeal before the Assistant Commissioner. After evaluating the matter, the Assistant Commissioner set aside the earlier recommendations that had refused the regularization of the petitioner’s unauthorized occupation. Consequently, the Assistant Commissioner, by an order dated 18.12.2024, remitted the case back to the Land Grant Committee for fresh consideration. - 4 - NC: 2025:KHC:4816 WP No. 771 of 2025 4. Despite this clear directive, the record demonstrates an evident lack of promptness on the part of respondent No.4 – the Land Grant Committee in deciding the petitioner’s claim for regularization. The Committee’s inaction reflects a failure to comply with its legal obligation to take appropriate steps in accordance with the order of the Assistant Commissioner. Such unwarranted delay in considering the petitioner’s rightful claim necessitates judicial intervention. Given these circumstances, the present case is a fit one for the issuance of a writ of mandamus, directing the respondent authorities to expeditiously decide the petitioner’s application in accordance with the law. 5. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) Writ petition is allowed. (ii) Respondent No.4 is hereby directed to reconsider petitioner's claim for regularization strictly adhering to the directions issued by - 5 - NC: 2025:KHC:4816 WP No. 771 of 2025 the Assistant Commissioner evidence at Annexure - A1. (iii) This exercise shall be accomplished within a period of three months from the date of receipt of copy of this order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE JY List No.: 1 Sl No.: 31 CT: BHK