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2025 DAILYLAW 3715 (KAR)

SHRI. HULAGAPPA H MADAR v. THE STATE OF KARNATAKA

WP/100816/2025 · 2025-02-06

Suraj Govindaraj

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:2303 WP No. 100816 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100816 OF 2025 (KLR-REG) BETWEEN: SHRI. HULAGAPPA H MADAR AGE. 68 YEARS, OCC. AGRICULTURE, R/O NILGUND VILLAGE, BADAMI-587201 TQ. BADAMI, DIST. BAGALKOT …PETITIONER (BY SRI. PRUTHVI K S,ADVOCATE) AND: 1. THE STATE OF KARNATAKA RPTD BY PRL. SECRETARY, DEPT OF REVENUE DR. B.R. AMBEDKAR ROAD, BENGALURU-580001 2. THE DEPUTY COMMISSIONER BAGALKOT-587103 DIST: BAGALKOTE 3. THE ASSISTANT COMMISSIONER BAGALKOT -587103 DIST. BAGALKOT 4. THE TAHASILDAR BADAMI-587201 TQ. BADAMI DIST. BAGALKOT …RESPONDENTS (BY SRI. V.S. KALASURMATH., AGA FOR R1-R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE WRIT IN NATURE OF MANDAMUS BY DIRECTING THE RESPONDENT NO.2 AND GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2303 WP No. 100816 of 2025 4 TO CONSIDER THE REPRESENTATION DTD. 9/1/2025 SUBMITTED BY THE PETITIONER VIDE ANNEXURE-J AND K FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION AS PER SECTION 94-A OF THE KARNATAKA LAND REVENUE ACT, 1964 AND RULE.108-CCC OF KARNATAKA LAND REVENUE RULES, 1966 AND GRANT THE AGRICULTURAL LAND BRG SVY NO.47 MEASURING TO AN EXTENT OF 2 ACRES SITUATED AT KULAGERI HOBLI, NEELAGUND VILLAGE, TQ.BADAMI, DIST.BAGALKOTE, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 4. 2. The petitioner is before this Court seeking for the following reliefs: i. To issue a writ in nature of Mandamus by directing the Respondent No.2 and 4 to consider the Representation dated: 9.1.2025 submitted by the Petitioner vide Annexure-J and K for regularization of Unauthorized Occupation as per Section 94-A of Karnataka Land Revenue Act, 1964 and Rule 108- CCC of Karnataka Land Revenue Rules, 1966 and grant the agricultural land bearing Sy.No.47 measuring to an extent of 2 Acres situated at Kulageri Hobli, Neelagund Village, Tq: Badami, Dist: Bagalkote, in the interest of justice and equity. - 3 - NC: 2025:KHC-D:2303 WP No. 100816 of 2025 ii. Issue any other writ or order as this Hon’ble Court deems fit to grant in the facts and circumstances of the case and in the aid main relief sought for. 3. The grievance of the petitioner is that the application submitted by the petitioner on 6.12.2018 in Form No. 57 and the subsequent representations dated 9.01.2025 at Annexures-J and K have not been considered by the respondents. 4. Whenever any application is submitted under Form No.57, it is required for the concerned authorities to consider the same and pass necessary orders within a reasonable period of time either accepting or rejecting the request of the applicants. In the present matter, Form No.57 having been filed on 6.12.2018, same has not been acted upon till date, in that view of the matter, I pass the following: ORDER i. The writ petition is allowed. - 4 - NC: 2025:KHC-D:2303 WP No. 100816 of 2025 ii. A mandamus is issued to respondent No.4 to consider Form No.57 submitted by the petitioners along with the representations submitted at Annexure-J and K within a period of 30 days from the date of receipt of copy of this order. iii. Respondent No.1 is directed to file an affidavit as to why despite all the applications now having been uploaded on to the website of respondent No.1 in Form Nos.50, 53 and 57 etc., no action has been taken till date. The affidavit also to make clear the total number of applications still pending district, taluka wise as also village wise and by when orders would be passed on them. iv. Though the above petition is disposed of, relist on 24.03.2025 for the purpose of filing an affidavit of respondent No.1. Sd/- (SURAJ GOVINDARAJ) JUDGE LN/List No.: 1 Sl No.: 20