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2025 DAILYLAW 45964 (KAR)

SMT S PRABHA v. THE STATE OF KARNATAKA

WP/36316/2024 · 2025-02-25

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:8261 WP No. 36316 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.36316 OF 2024 (KLR-RES) BETWEEN: SMT.S.PRABHA WIFE OF LATE M.V.VENKATESH AGED ABOUT 57 YEARS RESIDING AT NO.1914/79 MARALUHOLA NEW LAYOUT MANGALAVARAPETE CHANNAPATNA TOWN CHANNAPATNA TALUK RAMANAGARA DISTRICT KARNATAKA-562160 …PETITIONER (BY SRI. BYRE GOWDA N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE 5TH FLOOR, MUTLISTORIED BUILDING 2ND STAGE, DR.B R AMEBEDAKAR VEEDHI BENGALURU - 560001 2. THE COMMITTEE FOR REGULARISATION OF UNAUTHORISED OCCUPATION OF GOVERNMENT LANDS REPRESENTED BY ITS Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:8261 WP No. 36316 of 2024 SECRETARY CHANNAPATNA TALUK RAMANAGARA DISTRICT 562 160. 3. THE DEPUTY COMMISSIONER RAMANAGARA RAMANAGARA DISTRICT-562160 4. THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION RAMANAGARA-562160 5. THE THASILDAR THASILDAR OFFICE CHANNAPATNA TALUK RAMANAGARA DISTRICT-562160. 6. ASSISTANT DIRECTOR OF LAND RECORDS (ADLR) CHANNAPATNA TALUK CHANNAPATNA RAMANAGARA DISTRICT-562160 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 24TH OF JULY 2023 PASSED IN LND/CR/228/2020-21 (ANNEXURE-M) BY THE R4 AND SET ASIDE THE ORDER PASSED BY THE R3 NO.LND/RA/03/2023-24 ORDER DATED 01-08-2024 (ANNEXURE-N) 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 - 3 - NC: 2025:KHC:8261 WP No. 36316 of 2024 ORAL ORDER This writ petition is filed seeking mandamus to consider the representations dated 26.05.2016 as per Annexure-E and dated 08.01.2020 as per Annexure-F and dated 02.03.2022 as per Annexure-L for issuance of Saguvali Chit in the name of the petitioner in respect of the petition land. 2. Heard learned counsel for the petitioner and learned HCGP. 3. The petitioner’s husband had been in unauthorized occupation of 10 guntas of land and subsequently applied for regularization before the competent Authority. Upon consideration, the Authority approved his application and issued Form I - Grant Certificate in his favor on 19.12.1992. Following this, he remitted a sum of Rs.460/- towards TT Charges to the Government. However, despite the passage of 24 years, the respondent authorities failed to issue the Saguvali Chit and did not update the revenue records in his name. - 4 - NC: 2025:KHC:8261 WP No. 36316 of 2024 After the petitioner’s husband passed away on 25.05.2011, the petitioner submitted multiple representations requesting the issuance of the Saguvali Chit in her name. Due to the inaction of respondent No.5 – Tahasildar, the petitioner has filed this writ petition. 4. Learned High Court Government Pleader (HCGP), upon instructions, submits that the land originally granted to the petitioner’s husband is classified as ‘karab’ land. In light of this, the authorities are taking necessary steps to allocate an alternate 10 guntas of land. The proposal for such allocation will be placed before the Land Grant Committee for consideration and appropriate orders in favor of the petitioner. 5. Recording his assurance, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent No.5 - Tahasildar is hereby directed to suggest an alternate - 5 - NC: 2025:KHC:8261 WP No. 36316 of 2024 land measuring 10 guntas and after notifying such land, respondent No.5 - Tahasildar shall place the proposal before respondent No.2 - Committee for further course of action. (iii) This exercise shall be accomplished by respondent No.5 - Tahasildar within a period of four months from the date of receipt of order copy. (iv) If such proposal is placed before respondent No.2 - Committee, respondent No.2 - Committee shall ensure and pass appropriate orders and recommend for alternate land to the petitioner within a further period of two months. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 14