Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2540 WP No. 8340 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.8340 OF 2024 (KLR-RES)
BETWEEN:
SRI.ASHWATHANARAYANA S/O BENGALORAIAH AGED ABOUT 50 YEARS KODIYALA KARENAHALLI RAMANAGARA RAMANAGARA TALUK AND DISTRICT …PETITIONER (BY SRI. GEETHA A, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S BUILDING BENGALURU - 560001
2.
THE TAHSILDAR RAMANAGARA TALUK RAMANAGARA DISTRICT - 562 159
…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 Karnataka
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NC: 2025:KHC:2540 WP No. 8340 of 2024
THE RESPONDENT NO.2 ISSUE ENDORSEMENT TO PAY THE CALCULATED PREMIUM IN RESPECT OF THE LAND IN QUESTION BY CONSIDERING THE REPRESENTATION DATED ON 15.07.2006 AND 02.03.2024 GIVEN TO THE R2 VIDE ANNEXURE-D AND E 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
In the captioned writ petition, the petitioner is seeking mandamus to consider the petitioner’s representations dated 15.07.2006 and 02.03.2024 and issue a Grant Certificate or Saguvali Chit in the prescribed Form by accepting the premium as demanded by the jurisdictional Tahasildar, which is evidenced at Annexure-C.
2. Heard learned counsel for the petitioner and learned HCGP.
3. On perusal of the records, it is forthcoming that the petitioner is asserting that the application filed by the
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NC: 2025:KHC:2540 WP No. 8340 of 2024
petitioner in Form No.53 was placed before the Committee and the Committee exercising power under Rule 108D of the Karnataka Land Revenue Rules has recommended to regularize the petitioner’s unauthorized occupation. Based on such recommendation by the Committee, respondent No.2 – Tahasildar has issued a notice as contemplated under Sub Rule (4) of Rule 108D calling upon the petitioner to pay the requisite premium, which is evidenced at Annexure-C. However, this demand is made on 09.02.2004. In response to this demand notice, the petitioner has now submitted representations on 15.07.2006 and 02.03.2024 requesting the Authorities to accept the premium and issue Grant Certificate.
4. On examining the records, this Court is of the view that the representations are submitted by the petitioner evidenced at Annexures-D and E requesting the Tahasildar to accept the premium. These representations are not considered and are kept pending. Therefore, this is a fit case, where mandamus lies.
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NC: 2025:KHC:2540 WP No. 8340 of 2024
5. In that view of the matter, this Court proceeds to pass the following;
ORDER (i) The writ petition is allowed.
(ii) Respondent No.2 - Tahasildar is hereby directed to consider the representations dated 15.07.2006 and 02.03.2024 evidenced at Annexures-D and E by strictly adhering to the procedure contemplated under Rule 108D of the Karnataka Land Revenue Rules,
1966.
(iii) This exercise shall be accomplished by respondent No.2 - Tahasildar 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.: 16