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NC: 2025:KHC:271 WP No. 26733 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 26733 OF 2024 (KLR-RES) BETWEEN:
SRI. KARAGAPPA, S/O LATE KARAGAIAH, AGED ABOUT 72 YEARS, R/AT SONNENAHALI VILLAGE, HESARGHATTA HOBLI, YALAHANKA TALUK, BANGALORE DISTRICT - 560 088. …PETITIONER (BY SRI. SRIDHAR B.R, ADVOCATE) AND:
1.
THE CHIEF SECRETARY, STATE OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, STATE OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001.
3.
THE ASSISTANT COMMISSIONER, BANGALORE NORTH SUB DIVISION, KANDAYA BHVANA, BENGALURU - 560 009. Digitally signed by KAVYA R Location: High Court of Karnataka
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NC: 2025:KHC:271 WP No. 26733 of 2024
4.
THE TAHSILDAR AND SECRETARY, COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION, YALAHANKA TALUK, BENGALURU URBAN DISTRICT - 563 130. …RESPONDENTS (BY SMT. B.P. RADHA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN RESPECT OF THE LAND BEARING SY NO. 79 MEASURING AN EXTENT OF 2 ACRES SITUATED AT KARLAPURA VILLAGE (SONNENAHALLI DAKALE) HESARAGATTA HOBLI YALAHANKA TALUK AND BANGALORE DIST FROM THE OFFICE OF R-3 AND 4 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 petition is filed seeking a mandamus against the respondents to consider the representation dated 15.06.2024, vide Annexure-D.
2. Heard learned counsel for the petitioner and learned AGA for respondents No.1 to 4.
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NC: 2025:KHC:271 WP No. 26733 of 2024
3. The petitioner is asserting that he is a landless person and he is in unauthorised occupation of Sy.No.79 measuring 2 acres, situated at Karlapura village, Hesaragatta Hobli, Yalahanka Taluk and Bangalore District. The petitioner has filed an application in Form No.53, requesting the authorities to regularise the petitioner's unauthorised occupation of Sy.No.79.
4. Learned AGA, on instructions, assures this Court that the petitioner's application will be dealt with and considered in accordance with law and appropriate orders will be passed if some reasonable time is granted.
5. Recording the assurance of learned AGA, this Court passes the following:
ORDER i. The writ petition is allowed; ii. The petitioner's application tendered in Form No.53, seeking regularization of unauthorized occupation, shall be
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NC: 2025:KHC:271 WP No. 26733 of 2024 considered in accordance with law and appropriate orders shall be passed after affording opportunity to the petitioner; iii. This exercise shall be completed within a period of three months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 28 CT: BHK