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2025 DAILYLAW 21659 (KAR)

SRI PUTTANANJAIAH v. THE STATE OF KARNATAKA

WP/10603/2024 · 2025-01-21

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:2544 WP No. 10603 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.10603 OF 2024 (KLR-RR/SUR) BETWEEN: SRI.PUTTANANJAIAH S/O SAMPAGIRAMAIAH AGED ABOUT 44 YEARS GOLLARAPALYA SHANUMANGALA 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 - 562159 …RESPONDENTS (BY SMT.B.P.RADHA, AGA) Digitally signed by AL BHAGYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:2544 WP No. 10603 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO ISSUE ENDORSEMENT TO PAY THE CALCULATED PREMIUM IN RESPECT OF THE LAND IN QUESTION BY CONSIDERING THE REPRESENTATION DATED 18.03.2024 GIVEN TO THE R-2 VIDE ANNEXURE-C 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 representation dated 18.03.2024 and issue a Grant Certificate or Saguvali Chit in the prescribed Form by accepting the premium. 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 - 3 - NC: 2025:KHC:2544 WP No. 10603 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. The petitioner is seeking to consider the petitioner's representation dated 18.03.2024 at Annexure-C to receive the premium/kimath and for issuance of a saguvali chit. 4. On examining the records, this Court is of the view that the representation is submitted by the petitioner evidenced at Annexure-C requesting respondent No.2 - Tahasildar to accept the premium. The representation is not considered and is kept pending. Therefore, this is a fit case, where mandamus lies. 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 - 4 - NC: 2025:KHC:2544 WP No. 10603 of 2024 representation dated 18.03.2024 evidenced at Annexure-C 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.: 18