Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 19805 (KAR)

SRI LAKSHMAMMA v. THE STATE OF KARNATAKA

WP/8338/2024 · 2025-01-30

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:4322 WP No. 8338 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8338 OF 2024 (KLR-RES) BETWEEN: SRI. LAKSHMAMMA S/O ASHWATHANARAYANA AGED ABOUT 41 YEARS KODIYALA KERENAHALLI RAMANAGARA, RAMANAGARA TALUK AND DISTRICT …PETITIONER (BY SMT. GEETHA A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S BUILDING, BANGALORE - 560 001 2. THE TAHSILDAR RAMANAGARA TALUK RAMANAGARA DISTRICT - 562 159 …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO. 2 ISSUE ENDORSEMENT TO PAY THE CALCULATED PREMIUM IN RESPECT OF THE LAND IN QUESTION BY CONSIDERING THE REPRESENTATION DATED ON 15.7.2006 AND 2.3.2024 GIVEN TO THE R2 VIDE ANNEXURE-D AND E TO THE WP. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:4322 WP No. 8338 of 2024 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 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 - 3 - NC: 2025:KHC:4322 WP No. 8338 of 2024 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; ii. Respondent No.2-Tahsildar, shall examine the recommendations made by the land grant committee; - 4 - NC: 2025:KHC:4322 WP No. 8338 of 2024 iii. If such recommendation is made, respondent No.2-Tahsildar shall ensure that saguvali chit is issued forthwith; and 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 KG List No.: 1 Sl No.: 11