Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 34354 (KAR)

SRI YOGESH v. THE STATE OF KARNATAKA

WP/29338/2024 · 2025-01-16

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:1701 WP No. 29338 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.29338 OF 2024 (KLR-REG) BETWEEN: SRI.YOGESH AGED ABOUT 45 YEARS S/O THIMME GOWDA R/O VENKATESHPURA VILLAGE KADAVINAHOSAHALLI ARAKALAGUD TALUK HASSAN DISTRICT-573 130 …PETITIONER (BY SRI.SHANTHA KUMAR K C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REP. BY ITS PRINCIPAL SECRETARY M.S. BUILDINGS AMBEDKAR VEEDI BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN-573 201 3. THE ASSISTANT COMMISSIONER SAKALESHPURA SUB-DIVISION HASSAN-573 123 HASSAN DISTRICT Digitally signed by AL BHAGYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1701 WP No. 29338 of 2024 4. THE LAND GRANT COMMITTEE ARAKALGUD TALUK HASSAN DISTRICT - 573102 REP. BY ITS SECRETARY 5. THE TAHSILDAR ARAKALAGUD TALUK HASSAN DISTRICT - 573102 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 AND 5 TO CONSIDER THE RECEIPT OF THE APPLICATION OF PETITIONER TO REGULARIZE HIS UNAUTHORIZED CULTIVATION OF LAND BEARING SY.NO.20/P6 TO AN EXTENT OF 1 ACRE 20 GUNTAS OF RAMENAHALLI VILLAGE, KONANUR HOBLI, ARAKALGUDU TALUK, HASSAN DISTRICT, VIDE ANNEXURE-A DATED 02/01/2019 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 captioned writ petition is filed feeling aggrieved by inaction on the part of respondent Nos.4 and 5 in not conducting an enquiry pursuant to the receipt of Form No.57 tendered by the petitioner seeking regularization of unauthorized occupation over the agricultural land bearing - 3 - NC: 2025:KHC:1701 WP No. 29338 of 2024 Sy. No.20/P6 measuring 1 acre 20 guntas of Ramenahalli Village, Konanur Hobli, Arakalagudu Taluk, Hassan District. 2. Heard learned counsel for the petitioner and learned HCGP. 3. Learned HCGP, on instructions, submits that respondent No.4 – Committee will hold an enquiry and examine whether petitioner is eligible to be recommended for regularization of his unauthorized occupation. 4. Recording the submission of learned HCGP, this Court would direct respondent No.5 – Tahasildar to place all requisite documents relating to Sy. No.20/P6 measuring to an extent of 1 acre 20 guntas of Ramenahalli Village, Konanur Hobli, Arakalagudu Taluk, Hassan District before respondent No.4 – Land Grant Committee. 5. With these above observations, this Court proceeds to pass the following; - 4 - NC: 2025:KHC:1701 WP No. 29338 of 2024 ORDER (i) The writ petition is allowed. (ii) Respondent No.5 - Tahasildar shall ensure that the application along with all requisite documents are placed before respondent No.4 – Land Grant Committee. (iii) Respondent No.4 – Land Grant Committee, in turn, shall hold an enquiry and examine the petitioner's eligibility to seek regularization of his unauthorized occupation. (iv) This exercise shall be accomplished by respondent Nos.4 and 5 within a period of four months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 16