Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2545 WP No. 10376 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.10376 OF 2024 (KLR-RES)
BETWEEN:
SMT. PARVATHAMMA W/O KRISHNAPPA AGED ABOUT 63 YERS KARIKALDODDI HOSUR BIDADI HOBLI RAMANAGARA DISTRICT - 562109
…PETITIONER (BY SMT.GEETHA A, ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M S BUILDING BENGALURU - 560001
2.
THE TAHASILDAR RAMANAGARA TALUK RAMANAGARA DISTRICT - 562159
…RESPONDENTS (BY SRI.MANJUNATH K, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO ISSUE ENDORSEMENT TO PAY THE CALCULATED PREMIUM IN RESPECT OF THE LAND IN QUESTION BY
Digitally signed by AL BHAGYA Location: High Court of Karnataka
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NC: 2025:KHC:2545 WP No. 10376 of 2024
CONSIDERING THE REPRESENTATION DTD ON 30.12.23 AND 18.03.24 GIVEN TO THE R2 VIDE ANNEXURE-C AND D 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 30.12.2023 and 18.03.2024 as per Annexures-C and D 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 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
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NC: 2025:KHC:2545 WP No. 10376 of 2024
regularize the petitioner’s unauthorized occupation. The petitioner is seeking to consider the petitioner's representations dated 30.12.2023 and 18.03.2024 at Annexures-C and D 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 representations are submitted by the petitioner evidenced at Annexures-C and D requesting respondent No.2 - Tahasildar to accept the premium. The representations are not considered and are 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 representations dated 30.12.2023 and 18.03.2024 evidenced at
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NC: 2025:KHC:2545 WP No. 10376 of 2024
Annexures-C and D 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.: 17