Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7380 WP No. 32763 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 32763 OF 2024 (KLR-RES)
BETWEEN:
SHIVALINGAMMA W/O THIMMADASAPPA, AGED ABOUT 67 YEARS, R/AT KATANAYAKANAHALLI VILLAGE, K.R.HALLI POST, J.G.HALLI HOBLI, HIRIYURU TALUK, CHITRADURGA DISTRICT - 572 143. …PETITIONER (BY SMT.RATHNAMMA E, ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, MULTI STORIED BUILDING, BENGALURU - 560001.
2.
DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA - 577501.
3. TAHSILDAR HIRIYUR TALUK, HIRIYURU, CHITRADURGA DISTRICT - 572143.
4.
COMMITTEE FOR REGULARISATION OF UNAUTHORIZED OCCUPATION, REP. BY SECRETARY AND TAHSILDAR, HIRIYUR TALUK,
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA
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NC: 2025:KHC:7380 WP No. 32763 of 2024
CHITRADURGA DISTRICT - 572143. …RESPONDENTS (BY SMT. B.P. RADHA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS TO CONSIDER THE APPLICATION FILED BY THE PETITIONER FOR REGULARIZATION AND TAKE DECISION IN SO FAR AS IT RELATES TO 4 ACRES OF LAND IN SY.NO.30 OF KATANAYAKANAHALLI VILLAGE, JAVANAGONDANAHALLI HOBLI, HIRIYURU TALUK, CHITRADURGA DISTRICT IS CONCERNED AS PER THE DETAILS SHOWN IN THE FORM NO. 57 COPY OF WHICH IS PRODUCED AS ANN-A IN THE LIGHT OF THE GOVERNMENT ORDER BEARING NO. RD 59 LGP 2000 BENGALURU DATED 22/02/2003 AND UNIQUE QUE NO. RD.11 SVEE AND RAA 2003 DATED 22/02/2003 COPY FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION OF THE PETITIONER AS PER THE REPRESENTATION DATED 03/05/2024 TRUE COPY OF WHICH IS PRODUCED AS ANN-C.
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 In this petition, the petitioner seeks a writ of mandamus directing the respondents to consider his application for regularisation of 4 acres of land in Sy.No.30 of Katanayakanahalli village, Hiriyuru Taluk.
2. The petitioner contends that the land in question has remained barren and uncultivated for over 20 years.
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NC: 2025:KHC:7380 WP No. 32763 of 2024
He has submitted an application in Form No.57 seeking regularisation on the grounds of unauthorized possession.
3. Although respondent No.3 – Tahsildar, has received the application, this Court is satisfied that no action has been taken as required by law. Under Sub-rule (3) of Rule 108-CCC, read with Section 94-A of the Karnataka Land Revenue Act, the Tahsildar is obligated to have the application scrutinized by subordinate officers, collect relevant evidence, and determine the petitioner’s eligibility for regularisation. Despite receiving the application in 2019, respondent No.3 has failed to conduct the necessary spot inspection or present the matter before respondent No.4 – Committee.
4. The learned Additional Government Advocate has assured the Court that the Tahsildar will fulfil his duties as required by Sub-rule (3) of Rule 108-CCC.
ORDER i. The writ petition is allowed.
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NC: 2025:KHC:7380 WP No. 32763 of 2024
ii. Respondent No.3 – Tahsildar is
directed to comply strictly with the mandate of Sub-rule (3) of Rule 108-CCC. After conducting the required spot inspection and gathering necessary documents, if the petitioner is found eligible, the Tahsildar shall promptly forward the application along with all relevant materials to respondent No.4 – Committee for further action. iii. Upon receipt of the application, respondent No.4 – Committee shall consider it in accordance with the procedure set out in Rule 108-CCC. iv. This entire process shall be completed within two months from the date of receipt of a copy of this order.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE
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