Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5582 WP No. 3049 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.3049 OF 2025 (KLR-RES)
BETWEEN:
M.V.CHANDRAPPA S/O VENKATARAYAPPA AGED ABOUT 49 YEARS MARAPALLI VILLAGE KAIWARA HOBLI CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT PIN-563128 …PETITIONER (BY SRI.PRASANNA D P, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY ITS SECRETARY DEPT OF REVENUE VIDHANA SOUDHA BENGALURU-560001
2.
THE DEPUTY COMMISSIONER CHKKABALLAPUR DISTRICT CHIKKABALLAPUR-562101
3.
THE TAHSILDAR CHINTAMANI TALUK CHINTAMANI-563125 …RESPONDENTS (BY SMT.B.P.RADHA, AGA)
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA
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NC: 2025:KHC:5582 WP No. 3049 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 29.10.2024 AS PER ANNEXURE-B EXPEDITIOUSLY AS POSSIBLE 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 is aggrieved by inaction on the part of respondent No.3 – Tahasildar in not securing report pursuant to the receipt of the application filed by the petitioner in Form No.57 seeking regularization of the land bearing Sy. No.76 measuring 1 acre 20 guntas.
2. Heard learned counsel for the petitioner and learned AGA.
3. The petitioner claims that he is in unauthorized occupation and cultivation of the land bearing Sy. No.76 to an extent of 1 acre 20 guntas situated at Marapalli Village, Kaiwara Hobli, Chintamani Taluk, Chikkaballapur District.
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NC: 2025:KHC:5582 WP No. 3049 of 2025
The application is tendered on 25.02.2019 seeking regularization. Alleging inaction on the part of the respondents, the petitioner has approached this Court.
4. Learned AGA, on instructions, submits that the petitioner’s application will be examined by respondent No.3 - Tahasildar before placing it before the Committee.
5. This Court is of the view that there is complete laxness on the part of respondent No.3 – Tahasildar in not taking cognizance of the application filed in Form No.57, which is dated 25.02.2019.
6. Respondent No.3 - Tahasildar in terms of the Rule 108CCC of the Karnataka Land Revenue Rules is required to secure spot inspection and other relevant documents from the Revenue Inspector and Village Accountant, which is not done in the case on hand.
7. Recording her assurance, this Court proceeds to pass the following;
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NC: 2025:KHC:5582 WP No. 3049 of 2025
ORDER (i) The writ petition is allowed.
(ii) Respondent No.3 – Tahasildar shall forthwith secure spot inspection and all other relevant related documents to ascertain the eligibility of the petitioner.
(iii) If the petitioner’s application filed in Form No.57 is found eligible, the same shall be placed before the Committee.
(iv) In the event the relevant materials are placed before the Land Grant’s Committee, the Committee shall accomplish the enquiry within a period of four months from the date of receipt of the application along with report from respondent No.3 - Tahasildar.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 31