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2025 DAILYLAW 42626 (KAR)

RATHNAMMA v. THE STATE OF KARNATAKA

WP/12629/2025 · 2025-09-02

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34422 WP No. 12629 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 12629 OF 2025 (KLR-RES) BETWEEN: RATHNAMMA W/OF LATE SRINIVASAPPA.K AGED ABOUT 52 YEARS VADDAHALLI VILLAGE, KAIWARA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT - 562 101. …PETITIONER (BY SRI. PRASANNA D.P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPT. OF REVENUE, VIDHANASOUDHA, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER, CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR - 562 101. 3. THE TAHSILDHAR, CHINTAMANI TALUK CHINTAMANI - 563 125. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34422 WP No. 12629 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 28.03.2025 AS PER ANNX-B EXPEDITIOUSLY AS POSSIBLE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. 2. It is the contention of the petitioner that he filed an application in Form No.57 in the year 2019 seeking regularization of unauthorised occupation of 2 acres of land in Survey No.130 of Vaddahalli Village, Kaiwara Hobli, Chintamani Taluk, Chikkaballapur District, on 26.02.2019 and the application has not been considered till date. Therefore, the prayer in the petition is to direct the respondent-Tahsildar to consider the - 3 - HC-KAR NC: 2025:KHC:34422 WP No. 12629 of 2025 representation of the petitioner at Annexure-B dated 28.03.2025. 3. Having regard to the contentions raised in the writ petition and submission of the learned counsel for the petitioner, this Court is of the considered opinion that respondent No.3-Tahsildar was duty bound to place the application filed by the petitioner before the ‘Committee for Regularization of Unauthorized Occupation’ and the Committee was also duty bound to consider the application and pass necessary orders. 4. Consequently, the writ petition stands disposed of with a specific direction to respondent No.3-Tahsildar, Chintamani Taluk, to verify from the records as to whether such an application filed by the petitioner in the year 2019, is pending consideration. If it is found that such an application was indeed filed by the petitioner and the application is yet to be considered, the respondent- Tahsildar is directed to place before the Committee for Regularization of Unauthorized Occupation, the application - 4 - HC-KAR NC: 2025:KHC:34422 WP No. 12629 of 2025 along with his recommendation within a period of six weeks from the date of receipt of a copy of this order. Thereafter, the Committee shall consider the application and pass necessary orders in accordance with law as expeditiously as possible and at any rate within a period of two months thereafter. Learned Additional Government Advocate is permitted to file memo of appearance within a period of two weeks from today. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 15 CT: BHK