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2025 DAILYLAW 14488 (KAR)

SRI MAYANNA GOWDA H v. THE STATE OF KARNATAKA

WP/2660/2025 · 2025-02-06

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:5575 WP No. 2660 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.2660 OF 2025 (KLR-RR/SUR) BETWEEN: SRI.MAYANNA GOWDA H S/O LATE HOBAIAH AGED ABOUT 56 YEARS, RESIDING AT VAJARAHALLI BIDADI HOBLI RAMANAGARA TALUK AND DISTRICT …PETITIONER (BY SMT.GEETHA A, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING BENGALURU - 560001 2. THE TAHSILDAR RAMANGARA TALUK RAMANAGARA DISTRICT - 562159 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5575 WP No. 2660 of 2025 THE R-2 TO ISSUE ENDORSEMENT TO PAY THE CALCULATED PREMIUM IN RESPECT OF THE LAND IN QUESTION BY CONSIDERING THE REPRESENTATION DTD 9.01.2025 GIVEN TO THE R-2 VIDE ANNX-C TO THE WRIT PETITION 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 captioned petition is filed seeking direction against respondent No.2-Tahsildar to collect the premium and issue a saguvali chit in terms of the grant made by the committee. 2. Heard learned counsel for the petitioner and learned HCGP. 3. In accordance with the provisions of the Karnataka Land Revenue Act, 1964, specifically Rule 108(d)(4), once the Land Grant Committee recommends the regularization of an unauthorized occupation, it becomes the bounden duty of the Tahsildar to act upon such a recommendation. The Tahsildar is required to issue - 3 - NC: 2025:KHC:5575 WP No. 2660 of 2025 a certificate of grant and saguvali chit in the prescribed form, formalizing the regularization process. Upon issuance of the certificate, the beneficiary is mandated to remit the requisite premium as stipulated under the aforementioned rule. In the present case, the Land Grant Committee has already assessed the petitioner’s unauthorized occupation and has recommended its regularization. Therefore, this Court deems it appropriate to direct Respondent No. 2 – Tahsildar to carefully examine the recommendations made by the Land Grant Committee without unnecessary delay, ensure compliance with the procedural requirements, and take appropriate action by issuing the necessary certificate of grant and saguvali chit, subject to the payment of the applicable premium by the petitioner. 4. For the foregoing reasons, this Court passes the following: ORDER i. The writ petition is allowed; - 4 - NC: 2025:KHC:5575 WP No. 2660 of 2025 ii. Respondent No.2-Tahsildar, shall examine the recommendations made by the land grant committee; iii. If such recommendation is made, respondent No.2-Tahsildar shall ensure that saguvali chit is issued forthwith; iv. This exercise shall be accomplished within a period of three months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 28