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2025 DAILYLAW 41124 (KAR)

SMT. KARIYAMMA v. THE STATE OF KARNATAKA

WP/27201/2025 · 2025-09-19

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37936 WP No. 27201 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 27201 OF 2025 (KLR-RES) BETWEEN: 1. SMT. KARIYAMMA W/O KRISHNAPPA AGE 42 YEARS, OCE AGRICULTURE, R/AT JUNGAPPANNA HATTI, DINDAVARA JAVAGONDANAHALLI HOBLI, TALUK HIRIYUR, DIST-CHITRADURGA - 577 511. 2. SMT LOKAMMA W/O LATE MENAPPA AGE 31 YEARS, OCE AGRICULTURE, R/AT JUNGAPPANNA HATTI, DINDAVARA, JAVAGONDANAHALLI HOBLI, TALUK HIRIYUR, DIST- CHITRADURGA, …PETITIONERS (BY SMT. RATHNAMMA E, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, M.S, BUILDING, BENGALURU - 560 001. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37936 WP No. 27201 of 2025 2. THE DEPUTY COMMISSIONER CHITRADUGA, DIST-CHITRADURGA - 577 501. 3. THE TAHSILDAR, HIRIYUR TALUK HIRIYUR, DIST.- CHITRADURGA - 577 511. …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 R-3 TO CONSIDER REPRESENTATIONS VIDE ANNEXURE-E AND F DATED 01.03.2025 AND DATED 01.03.2025 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Office objections are overruled. Learned Additional Government Advocate takes notice for all the respondents. 2. It is the contention of the petitioners that they filed applications in Form No.57 between the years 2019 and 2022, respectively, seeking regularization of unauthorized occupation of 4.00 Acres of land each in Sy.No.11 of Layara Dasarahalli, Javagondanahalli Hobli, - 3 - HC-KAR NC: 2025:KHC:37936 WP No. 27201 of 2025 Chitradurga Taluk and District, and their applications have not been considered till date. Therefore, the prayer in the writ petition is to direct the respondent-Tahsildar to consider the representations both dated 01.03.2025 at Annexures ‘E’ and ‘F’ of the petitioners. 3. Having regard to the contentions raised in the writ petition and submission of the learned counsel for the petitioners, this Court is of the considered opinion that respondent-Tahsildar is duty bound to place the applications filed by the petitioners before the ‘Committee for Regularization of Unauthorized Occupation’ and the Committee is also duty bound to consider the applications and pass necessary orders. 4. Consequently, the writ petition stands disposed of with a specific direction to respondent No.3-Tahsildar, Hiriyur Taluk, to verify from the records as to whether such applications filed by the petitioners during the years 2019 and 2022, are pending consideration. If it is found that such applications were indeed filed by the petitioners - 4 - HC-KAR NC: 2025:KHC:37936 WP No. 27201 of 2025 and the applications are yet to be considered, the respondent-Tahsildar is directed to place before the ‘Committee for Regularization of Unauthorized Occupation’ the applications along with his recommendation within a period of four weeks from the date of receipt of a copy of this order. Thereafter, the Committee shall consider the applications and pass necessary orders in accordance with law as expeditiously as possible and at any rate within a period of two months thereafter. 5. Learned Additional Government Advocate is permitted to file memo of appearance within a period of one week from today. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rs List No.: 1 Sl No.: 48