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2025 DAILYLAW 18926 (KAR)

SRI KUMBAIAH v. THE STATE OF KARNATAKA

WP/6370/2025 · 2025-03-06

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:9608 WP No. 6370 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6370 OF 2025 (KLR-RES) BETWEEN: 1. SRI KUMBAIAH S/O. NARASIMHAIAH AGED ABOUT 55 YEARS R/AT. BELAGUMBA VILLAGE TUMAKURU TALUK TUMAKURU DISTRICT 572 104. …PETITIONER (BY SRI. V B SIDDARAMAIAH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU 560 001. REP. BY ITS PRINCIPAL SECRETARY 2. THE ASSISTANT COMMISSIONER, TUMAKURU SUB-DIVISION MINI VIDHANA SOUDHA DR. B.R. AMBEDKAR ROAD TUMAKURU-572 101. 3. THE TAHASILDAR, TUMAKURU TALUK AND SECRETARY LAND GRANT COMMITTEE, TUMAKURU TALUK, MINI VIDHANA SOUDHA DR. B.R. AMBEDKAR ROAD, TUMAKURU-572 101. …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9608 WP No. 6370 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 THE TAHASILDAR, TUMAKURU TALUK AND SECREATARY, LAND TRIBUNAL, TUMAKRURU TALUK, MINI VIDHANA SOUDHA, DR. B. R. AMBEDKAR ROAD TUMAKURU TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED. 20.12.2023 VIDE ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The claim of the petitioner for regularization was rejected by the Committee, which led to the filing of an appeal by the petitioner. 2. The appeal has been allowed and the matter has been remanded to the Thasildar with a direction to secure from the Public Works Department, the distance of the granted land from the boundary of the Municipal Council. 3. It is the case of the petitioner that despite the PWD Department indicating that the lands of the petitioner was outside 5 kms. and despite a representation having been given by him, no steps have been taken - 3 - NC: 2025:KHC:9608 WP No. 6370 of 2025 by the Thasildar and by the Committee and he is, therefore, before this Court. 4. In the light of the above submissions, it would be appropriate to direct the Thasildar to place the subject matter of regularization of the petitioner’s land before the Land Grant Committee, as ordered, after complying with the directions given by the Assistant Commissioner in the order passed on 17.07.2013. The Thasildar as well as the Land Grant Committee shall consider the case of the petitioner within a period of three months from the date of receipt of a copy of this order. This Writ Petition is, accordingly, disposed of. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM, List No.: 1 Sl No.: 23