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2025 DAILYLAW 35012 (KAR)

SRI. NARASIMAIAH v. THE STATE OF KARNATAKA

WP/31431/2024 · 2025-01-17

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:2024 WP No. 31431 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 31431 OF 2024 (KLR-RES) BETWEEN: SRI. NARASIMAIAH, S/O THIMAIAH, AGED ABOUT 64 YEARS, RESIDING AT KODIYALA, KARENAHALLI RAMANAGARA TALUK AND DISTRICT - 562 109. …PETITIONER (BY SMT. GEETHA A, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE - 560 001. 2. THE TAHSILDAR, RAMANAGARA TALUK, RAMANAGARA DISTRICT - 562 159. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO ISSUE ENDORSEMENT TO PAY THE CALCULATED PREMIUM IN RESPECT OF THE LAND IN QUESTION BY CONSIDERING THE Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2024 WP No. 31431 of 2024 REPRESENTATION DATED ON 07/10/2024 GIVEN TO THE R2 VIDE ANN-C TO THE WP. 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 petition is filed seeking direction against respondent No.2-Tahsildar to collect the premium and issue a saguvali chit in terms of the grant made by the committee. 2. Heard learned counsel for the petitioner and learned AGA. 3. In accordance with the provisions of the Karnataka Land Revenue Act, 1964, specifically Rule 108(d)(4), once the Land Grant Committee recommends the regularization of an unauthorized occupation, it becomes the bounden duty of the Tahsildar to act upon such a recommendation. The Tahsildar is required to issue a certificate of grant and saguvali chit in the prescribed - 3 - NC: 2025:KHC:2024 WP No. 31431 of 2024 form, formalizing the regularization process. Upon issuance of the certificate, the beneficiary is mandated to remit the requisite premium as stipulated under the aforementioned rule. In the present case, the Land Grant Committee has already assessed the petitioner’s unauthorized occupation and has recommended its regularization. Therefore, this Court deems it appropriate to direct Respondent No. 2 – Tahsildar to carefully examine the recommendations made by the Land Grant Committee without unnecessary delay, ensure compliance with the procedural requirements, and take appropriate action by issuing the necessary certificate of grant and saguvali chit, subject to the payment of the applicable premium by the petitioner. 4. For the foregoing reasons, this Court passes the following: ORDER i. The writ petition is allowed; - 4 - NC: 2025:KHC:2024 WP No. 31431 of 2024 ii. Respondent No.2-Tahsildar, shall examine the recommendations made by the land grant committee; iii. If such recommendation is made, respondent No.2-Tahsildar shall ensure that saguvali chit is issued forthwith; iv. This exercise shall be accomplished 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.: 5 CT: BHK