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2025 DAILYLAW 17204 (KAR)

SRI S SRINIVAS v. THE STATE OF KARNATAKA

WP/5008/2022 · 2025-06-30

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23135 WP NO.5008 OF 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.5008 OF 2022 (KLR-LG) BETWEEN: SRI. S. SRINIVAS S/o LATE SHANKARAPPA, AGED ABOUT 58 YEARS, R/AT MADAPANAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU RURAL DISTRICT - 562 125. …PETITIONER (BY SRI. PRASANNA KUMAR R.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE REGIONAL COMMISSIONER BENGALURU DIVISION, REVENUE DEPARTMENT, 2ND FLOOR, B.M.T.C. BUILDING, K.H. ROAD, SHANTHINAGAR, BENGALURU - 560 027. 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH DIVISION, BENGALURU - 560 027. 4. THE TAHSILDAR ANEKAL TALUK ANEKAL - 562 106. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23135 WP NO.5008 OF 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.4 TO CARRY OUT THE CORRECTION IN THE GRANT ORDER VIDE ANNEXURE-B AS AN ERROR/OVER WRITING CREPT IN THE GRANT ORDER DATED 30TH APRIL, 1993 PERTAINING TO LAND MEASURING 1 ACRE 20 GUNTAS IN SURVEY NO.38 OF MADAPPANAHALLI VILLAGE, BELONGS TO THE PETITIONER AND TOTAL GRANT SHALL BECOME 1 ACRE 20 GUNTAS; DIRECT THE RESPONDENT NO.4 TO ISSUE GRANT CERTIFICATE FOR TOTAL EXTENT OF 1 ACRE 20 GUNTAS IN SURVEY NO.38 OF MADAPPANAHALLI VILLAGE IN FAVOUR OF THE PETITIONER; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, the petitioner is seeking direction to the respondent No.4 to carry out the correction in the order of grant dated 30th April, 1993 (Annexure-B) in respect of the land in question; inter alia sought for direction to the respondent No.4 to issue grant certificate in favour of the petitioner for total extent of 1 acre 20 guntas in Survey No.38 of Madappanahalli Village, Anekal Taluk. - 3 - HC-KAR NC: 2025:KHC:23135 WP NO.5008 OF 2022 2. Heard Sri. Prasanna Kumar R.S., learned counsel appearing for the petitioner and Sri. Manjunath K., learned High Court Government Pleader appearing for respondents. 3. Having heard the learned counsel appearing for the parties and on perusal of the writ papers, it would indicate that the order dated 06th December, 2012 (Annexure-H) has been passed by the respondent No.3, wherein the respondent No.3- Assistant Commissioner had remitted the matter to the respondent No.4-Tahsildar to examine whether the excess of 1 acre of land in Survey No.38 of Madappanahalli Village, Anekal Taluk is still continuing under unauthorised occupation of the petitioner herein. In this regard, learned High Court Government Pleader appearing for respondents submitted that the Committee for regularisation of unauthorised occupation of land, Anekal Taluk has been constituted and if the matter is remitted to the said Committee, the case of the petitioner shall be considered in accordance with law. 4. In that view of the matter, taking into consideration the fact that the petitioner had made an application dated 31st July, 1991 (Annexure-A), seeking regularisation of land to an - 4 - HC-KAR NC: 2025:KHC:23135 WP NO.5008 OF 2022 extent of 1 acre 20 guntas in Survey No.38 of Madappanahalli Village, Anekal Taluk, it is open for the Committee for Regularisation of Unauthorised Occupation of land, Anekal Taluk to take decision in the matter in accordance with law, after verifying the records pertaining to the same. Therefore, the said Committee is directed to complete the said exercise within an outer limit of six months from the date of receipt of this order. With this observation, writ petition stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 58