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2025 DAILYLAW 35044 (KAR)

SRI B B THAMMANNA GOWDA v. THE STATE OF KARNATAKA

WP/32958/2024 · 2025-02-13

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:6587 WP No. 32958 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 32958 OF 2024 (KLR-RES) BETWEEN: SRI. B.B. THAMMANNA GOWDA, S/O LATE B.M. BASAVE GOWDA, AGED ABOUT 75 YEARS, R/AT HONNAVALLI VILLAGE, PALYA HOBLI, ALUR TALUK, HASSAN DISTRICT - 573 218. …PETITIONER (BY SRI. K.S. MALLIKARJUNAIAH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REVENUE DEPARTMENT, VIDHANA SOUDA, AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201. 3. THE TAHASILDAR, ALUR TALUK, ALUR - 573 213. 4. THE LAND GRANT COMMITTEE FOR GRANT OF LANDS TO UNAUTHORIZED OCCUPANTS OF GOVERNMENT LANDS, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6587 WP No. 32958 of 2024 ALUR TALUK, HASSAN DISTRICT - 573 201, REPRESENTED BY ITS CHAIRMAN. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS AUTHORITIES TO CONSIDER AND DISPOSE OF THE APPLICATION FILED BY THE PETITIONER VIDE ANNX-A DATED 07.12.2018 FOR REGULARIZATION OF THE UNAUTHORIZED OCCUPATION OF THE LAND BEARING SY.NO. 01 OF HONNAVALLI VILLAGE, ALUR TALUK, HASSAN DISTRICT MEASURING TO AN EXTENT OF 4 ACRES AND REPRESENTATION DATED 08.08.2024 VIDE ANNX-H 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 the inaction on the part of respondents in not deciding the application filed by the petitioner seeking regularization of his unauthorized occupation over the petition land measuring 4 acres in Sy.No.1 of Honnavalli village, Alur Taluk, Hassan District. - 3 - NC: 2025:KHC:6587 WP No. 32958 of 2024 2. Heard learned counsel for the petitioner and learned HCGP for the respondents. 3. Learned HCGP, upon instructions, submits that the petitioner's application is currently under consideration by the legal cell. He further assures that necessary steps will be taken to ensure the prompt uploading of the petitioner's application by the legal cell. Once the application is successfully uploaded, it will then fall within the jurisdiction of respondent No.3, the Tahsildar, who shall proceed with the requisite actions in accordance with the applicable legal provisions and procedural requirements. 4. Recording the assurance given by the learned HCGP, this Court passes the following: ORDER i. The writ petition is allowed; ii. Respondent No.3-Tahasildar, shall ensure that the legal cell uploads petitioner's application forthwith and on receipt of application, - 4 - NC: 2025:KHC:6587 WP No. 32958 of 2024 respondent No.3-Tahasildar, shall follow the procedure provided under Rule 108CCC of the Karnataka Land Revenue Rules, 1966; iii. This exercise shall be accomplished by respondent No.3-Tahasildar within a period of three months from the date of receipt of order copy and thereafter place the application before respondent No.4-Land Grant Committee, for further course of action. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 9 CT: BHK