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2025 DAILYLAW 36565 (KAR)

SMT.LOLAKSHI v. THE STATE OF KARNATAKA

WP/35497/2024 · 2025-02-20

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:7714 WP No. 35497 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.35497 OF 2024 (KLR-LG) BETWEEN: SMT.LOLAKSHI AGED ABOUT 47 YEARS W/O ERAPPA R/O SANTHEBASAVANAHALLI VILLAGE KUNDUR HOBLI ALUR TALUK HASSAN DISTRICT …PETITIONER (BY SRI.SHANTAKUMAR K C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED 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 KARNATKA - 2 - NC: 2025:KHC:7714 WP No. 35497 of 2024 4. THE LAND GRANT COMMITTEE ALUR TALUK HASSAN DISTRICT REP. BY ITS SECRETARY 5. THE TAHSILDAR ALUR TALUK HASSAN DISTRICT …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 THE R4 AND 5 TO CONSIDER THE RECEIPT OF THE APPLICATION OF PETITIONER TO REGULARIZE HER UNAUTHORIZED CULTIVATION OF LAND BEARING SY. NO.81 TO AN EXTENT OF 1 ACRE OF MAGGE VILLAGE, K.HOSAKOTE HOBLI, ALUR TALUK, HASSAN DISTRICT, VIDE ANN-A DATED 30/07/2022 AND TO PASS APPROPRIATE ORDERS IN ACCORDANCE WITH LAW 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 in the captioned writ petition is aggrieved by the complete laxness on the part of respondent No.5 – Tahasildar in not scrutinizing the petitioner’s application filed in Form No.57 seeking - 3 - NC: 2025:KHC:7714 WP No. 35497 of 2024 regularization of the unauthorized occupation over the petition land bearing Sy. No.81 measuring to an extent of 1 acre of Magge Village, K.Hosakote Hobli, Alur Taluk, Hassan District. 2. Heard learned counsel appearing for the petitioner and learned AGA appearing for the respondents. 3. Respondent No.5 – Tahasildar is under bounden duty to scrutinize the application tendered in Form No.57 and send all relevant documents to the Officer authorized by him for further verification. 4. In the case on hand, though respondent No.5 - Tahasildar is in receipt of the application filed in Form No.57, the records reveal that there is complete inaction on the part of respondent No.5 – Tahasildar. Respondent No.5 – Tahasildar under Sub Rule (3) of the 108CCC of the Karnataka Land Revenue Rules, 1966 read with Section 94A of the Karnataka Land Revenue Act is required to secure report and place the same before respondent No.4 - 4 - NC: 2025:KHC:7714 WP No. 35497 of 2024 – Land Grant Committee. Since there is inaction on the part of the respondents, the petitioner has a legal right to seek mandamus at the hands of this Court. Respondent No.5 - Tahasildar is equally obligated to place all relevant report before respondent No.4 – Committee for further course of action. 5. Learned AGA assures this Court that respondent No.5 – Tahasildar would comply the mandate provided under Sub Rule (3) of the 108CCC of the Karnataka Land Revenue Rules, 1966 read with Section 94A of the Karnataka Land Revenue Act. 6. Recording her assurance, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent No.5 - Tahasildar is directed to secure report from the subordinate Officials and place it before respondent No.4 - Land - 5 - NC: 2025:KHC:7714 WP No. 35497 of 2024 Grant Committee for further course of action. (iii) This exercise shall be accomplished 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.: 14