Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2542 WP No. 26265 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.26265 OF 2024 (KLR-RR/SUR)
BETWEEN:
BHAGYAMMA W/O VENKATESHAPPA AGED ABOUT 49 YEARS R/AT VADDAHALLI VILLAGE KAIWARA HOBLI CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT PIN - 563128 …PETITIONER (BY SRI.PRASANNA D P, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY ITS SECRETARY DEPT. OF REVENUE VIDHANA SOUDHA BENGALURU - 560001
2.
THE DEPUTY COMMISSIONER CHIKKABALLAPUR DISTRICT CHIKKABALLAPUR - 562101
3.
THE TAHSILDHAR CHINTAMANI TALUK CHINTAMANI - 563125 …RESPONDENTS (BY SMT.B.P.RADHA, AGA)
Digitally signed by AL BHAGYA Location: High Court of Karnataka
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NC: 2025:KHC:2542 WP No. 26265 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DTD 13.08.2024, AS PER ANNEXURE-B EXPEDITIOUSLY AS POSSIBLE 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
The petitioner is aggrieved by non-consideration of the petitioner’s representation dated 13.08.2024 as per Annexure-B.
2. The petitioner is seeking regularization of her unauthorized occupation. The petitioner asserts that the petitioner submitted an application in the prescribed Form and acknowledgement is issued by respondent No.3 – Tahasildar on receipt of the application.
3. The petitioner pleads that there is inaction on the part of respondent No.3 – Tahasildar in not placing the application and also relevant materials including the spot
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NC: 2025:KHC:2542 WP No. 26265 of 2024
inspection report before the Committee for further course of action.
4. Learned AGA, on instructions, assured this Court that the petitioner’s application will be dealt in accordance with law and the matter will be placed before the Committee. She would also bring to the notice of this Court that the petition land is already acquired by KIADB.
5. Recording her submission, this Court proceeds to pass the following;
ORDER (i) The writ petition is allowed.
(ii) Respondent No.3 – Tahasildar is hereby directed to examine the application tendered by the petitioner after securing spot inspection and all other relevant documents to ascertain whether petitioner is eligible. He shall also enquire as to whether the petition land is already acquired by the KIADB.
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NC: 2025:KHC:2542 WP No. 26265 of 2024
(iii) If the petition land is not acquired by the KIADB and the petitioner is found to be eligible, the application tendered by the petitioner shall be placed before the Committee to consider whether petitioner is eligible to seek regularization of her unauthorized occupation.
(iv) This exercise shall be accomplished by respondent No.3 - 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.: 24