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2025 DAILYLAW 49906 (KAR)

SMT PARAVATHAMMA W/O PANDURANGA v. THE STATE OF KARNATAKA

WP/103814/2025 · 2025-09-09

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11649 WP No. 103812 of 2025 C/W WP No. 103814 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.103812 OF 2025 (KLR-LG) C/W WRIT PETITION NO. 103814 OF 2025 IN WP.NO.103812/2025: BETWEEN: C SHANKRAMMA D/O. PAMPANNA, AGE: 48 YEARS, OCC. AGRICULTURE, R/O. WARD NO. 1, BASAVANNA KATTE, ARALIGANUR, TQ. SIRGUPPA-583122, DIST .BALLARI. &PETITIONER (BY SRI. B.S. SANGATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-1. 2. THE DEPUTY COMMISSIONER, BALLARI, AT: BALLARI-583101, DIST. BALLARI. 3. THE TAHASILDAR, SIRGUPPA, AT/PO. SIRGUPPA-583121, TQ. SIRGUPPA, DIST. BALLARI. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11649 WP No. 103812 of 2025 C/W WP No. 103814 of 2025 4. THE REVENUE INSPECTOR, TIKKALAKOTE, AT/PO. TIKKALAKOTE, TQ. SIRGUPPA-583121, DIST. BALLARI. 5. THE VILLAGE ACCOUNTANT, DEVALAPUR, AT/PO. DEVALAPUR, TQ. SIRGUPPA, DIST. BELLARI-583121. &RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R5) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; A. TO ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ENDORSEMENT DATED 29.01.2022 ISSUED BY RESPONDENT NO. 2 BEARING NO. SUM.KUM.BHOOMI/30/2018-19 PRODUCED AND MARKED AS ANNEXURE G AND ETC. IN WP.NO.103814/2025: BETWEEN: SMT. PARAVATHAMMA W/O. PANDURANGA, AGE: 48 YEARS, OCC. AGRICULTURE, R.O. WARD NO.1, BASAVANNA KATTE, ARALIGANUR, TQ. SIRGUPPA-583122, DIST BALLARI. &PETITIONER (BY SRI. B.S. SANGATI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPT. OF REVENUE, M.S. BUILDING, BENGALURU-1. 2. THE DEPUTY COMMISSIONER AT BALLARI-583101, DIST. BALLARI. 3. THE TAHASILDAR SIRGUPPA, AT/PO. SIRGUPPA-583121, - 3 - HC-KAR NC: 2025:KHC-D:11649 WP No. 103812 of 2025 C/W WP No. 103814 of 2025 TQ. SIRGUPPA, DIST. BALLARI. 4. THE REVENUE INSPECTOR, TIKKALAKOTE, AT/PO. TIKKALAKOTE, TQ. SIRGUPPA-583121, DIST. BALLARI. 5. THE VILLAGE ACCOUNTANT DEVALAPUR, AT/PO. DEVALAPUR, TQ. SIRGUPPA, DIST. BELLARI- 583122. &RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R5) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. TO ISSUE WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ENDORSEMENT DATED 29.01.2022 ISSUED BY RESPONDENT NO. 2 BEARING NO. SUM.KUM.BHOOMI/30/2018-19 PRODUCED AND MARKED AS ANNEXURE G. THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: IN WP.NO.103812/2025: 1. To issue writ in the nature of certiorari by quashing the impugned endorsement dated 29.01.2022 issued by Respondent No. 2 bearing no. Sum.Kum.Bhoomi/30/2018-19 produced and marked as Annexure G. - 4 - HC-KAR NC: 2025:KHC-D:11649 WP No. 103812 of 2025 C/W WP No. 103814 of 2025 2. To pass any other order, direction as deemed fit in the circumstances of the case. IN WP.NO.103814/2025: 1. To issue writ in the nature of certiorari by quashing the impugned endorsement dated 29.01.2022 issued by Respondent no. 2 bearing no. Sum.Kum.Bhoomi/30/2018-19 produced and marked as Annexure G. 2. To pass any other order, direction as deemed fit in the circumstances of the case. 2. The short grievance of the petitioners is that the applications submitted by the petitioners for regularization of their unauthorised occupation, have not been considered favourably. Instead, an endorsement has been issued rejecting the said applications on the ground that the land sought to be regularised is within 2.5 kilometres of the city limits of the Siraguppa City Municipal Council. 3. The submission of the learned counsel for the petitioners is that the petitioners have been in occupation of the said property for a long period of - 5 - HC-KAR NC: 2025:KHC-D:11649 WP No. 103812 of 2025 C/W WP No. 103814 of 2025 time and, as such, their request for regularisation ought to have been favourably considered. 4. Learned AGA was directed to make a submission on the distance of the petitioner's land from the boundaries of the Siraguppa City Municipal Council. Along with the objections, the certificate at Annexure-R1 issued by the Taluk Surveyor has been produced, wherein it is categorically stated that the said land is within 1.98 kilometers of the boundaries. If that is so, it would fall within the prohibited area of 2.5 kilometers, and as such, the relief sought by the petitioners cannot be granted, the same being contrary to the applicable law. 5. If at all the petitioners are so interested, the petitioners could always identify any other land which satisfies the requirement of law and make an application for grant of that land which could be - 6 - HC-KAR NC: 2025:KHC-D:11649 WP No. 103812 of 2025 C/W WP No. 103814 of 2025 considered by the respondents on an application being filed by the petitioners. 6. With the above observations, the petitions stand disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 1 Sl No.: 62