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2025 DAILYLAW 23568 (KAR)

SMT MAMATHA v. THE DEPUTY COMMISSIONER

WP/13280/2024 · 2025-02-05

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:5181 WP No. 13280 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.13280 OF 2024 (KLR-REG) BETWEEN: SMT.MAMATHA W/O DAYANANDA 30 YEARS SHIDLE, MENASE POST VAIKUNTAPURA VILLAGE SRINGERI TALUK CHIKKAMAGALUR DISTRICT …PETITIONER (BY SRI.JAGADEESH D C, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHIKKAMAGALUR DISTRICT CHIKKAMAGALUR - 577101 2. THE TASHILDAR SRINGERI TALUK SRINGERI - 577139 3. THE COMMITTEE CONSTITUTED U/S 94 (A & C) OF K.L.R. ACT FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION/ CONSTRUCTION OF HOUSE IN GOVERNMENT LAND SRINGERI TALUK SRINGERI - 577139 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5181 WP No. 13280 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING THE R1 TO R3 TO CONSIDER PETITIONER'S APPLICATION FILED IN PRESCRIBED FORM U/SEC.94(C) OF THE KLR ACT AND THE RULES FRAMED THERE UNDER VIDE ANNEXURE-D DATED 11.10.2024 IN RESPECT OF LAND AND DWELLING HOUSE BUILT TO AN EXTENT OF 20 INTO 30 FEET IN SITE MEASURING 60 INTO 40 FT IN SY NO.61 OF VAIKUNTAPURA VILLAGE, MENASE POST, SRINGERI TALUK, CHIKKAMAGALUR DISTRICT IN ACCORDANCE WITH LAW 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 This writ petition is filed seeking mandamus against respondent Nos.1 to 3 to consider the petitioner's application seeking regularization of her unauthorized occupation over the petition site measuring 60x40 feet comprising of a residential house measuring 20x30 feet in Sy. No.61 of Vaikuntapura Village, Menase Post, Sringeri Taluk, Chikkamagalur District. - 3 - NC: 2025:KHC:5181 WP No. 13280 of 2024 2. Learned HCGP, on instructions, submits that the petitioner's application will be considered in accordance with law and the Committee will hold an enquiry and examine the petitioner's eligibility seeking regularization of the petition land. 3. Recording his assurance, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent No.3 - Committee shall examine the petitioner’s eligibility, considering the report obtained from Respondent No.2 - Tahasildar, if available, and issue appropriate orders. (iii) This process shall be completed within three months from the date of receipt of this order. - 4 - NC: 2025:KHC:5181 WP No. 13280 of 2024 Until then, the respondents shall not take any coercive action against the constructed portion. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 2