Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7720 WP No. 7867 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.7867 OF 2024 (KLR-LG) BETWEEN:
SRI.MARIGOWDA S/O CHIKKANNA AGED ABOUT 50 YEARS R/AT KALENAHALLI VILLAGE K. SHEETYHALLI HOBLI SHREERANGAPATTANA TALUK MANDYA DISTRICT-571438 PETITIONER (BY SRI. DIVAKARA P S, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, M.S.BUILDING B.R.AMBEDKAR STREET BENGALURU-560001
2.
THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571401
3.
THE ASSISTANT COMMISSIONER PANDAVAPURA SUB-DIVISION PANDAVAPURA MANDYA DISTRICT-571401
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA
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NC: 2025:KHC:7720 WP No. 7867 of 2024
4.
THE THASILDAR SRIRANGAPATANA TALUK SRIRANGAPATANA-571438
5.
AKRAMA SAKRAMA LAND GRANT COMMITTEE SRIRANGAPATANA TALUK SRIRANGAPATANA-571438 REPRESENTED BY SECRETARY …RESPONDENTS (BY SMT.B.P.RADHA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE NATURE OF THE MANDMUS AGAINST THE RESPONDENTS TO CONSIDER THE APPLICATION FILED BY THE PETITIONER IN FORM NO.53 DTD 24.11.1998 WHICH ARE UNDER PROCEEDINGS OF LND(53)527/1998-99, WHICH IS ANNEXURE-A OF 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
This writ petition is filed seeking appropriate direction against respondent No.4 – Tahasildar, who has failed to place the petitioner’s application filed in Form No.53 seeking regularization of the petition land.
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NC: 2025:KHC:7720 WP No. 7867 of 2024
2. The records reveal that respondent No.4 – Tahasildar on receipt of application in the prescribed Form, in order to scrutinize the petitioner’s claim, has secured spot inspection and other related circumstantial evidence. Though respondent No.4 – Tahasildar is in receipt of the report, he is yet to place the same before respondent No.5 – Land Grant Committee. There is complete inaction on the part of respondent No.5 in not deciding the petitioner’s application in terms of the procedure provided under Rule 108D of the Karnataka Land Revenue Rules, 1966. This is a fit case where mandamus lies against respondent No.5 – Land Grant Committee.
3. Learned AGA, on instructions, submits that respondent No.5 – Land Grant Committee will conduct enquiry as provided under Rule 108D of the Karnataka Land Revenue Rules,1966 and pass appropriate orders.
4. Recording her assurance, this Court proceeds to pass the following;
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NC: 2025:KHC:7720 WP No. 7867 of 2024
ORDER (i) The writ petition is allowed.
(ii) Respondent No.5 – Land Grant Committee is hereby directed to conduct enquiry and ascertain the petitioner’s eligibility to seek regularization of the unauthorized occupation over the petition land.
(iii) This exercise shall be accomplished within a period of four months from the date of receipt of order copy.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 2