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2025 DAILYLAW 51052 (KAR)

SRI KENCHAIAH v. STATE OF KARNATAKA

WP/24303/2025 · 2025-08-12

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31157 WP No. 24303 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 24303 OF 2025 (KLR-REG) BETWEEN: 1. SRI KENCHAIAH S/O LATE CHANNAIAH, AGED ABOUT 67 YEARS, RESIDENT OF KUMBARAHALLI VILLAGE, YASALURU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT 573137. 2. SRI DHARMAIAH S/O LATE CHANNAIAH, AGED ABOUT 62 YEARS, RESIDENT OF KUMBARAHALLI VILLAGE, YASALURU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT 573137. 3. SRI THAMMAIAH S/O LATE CHANNAIAH, AGED ABOUT 61 YEARS, RESIDENT OF KUMBARAHALLI VILLAGE, YASALURU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT 573137. 4. SRI BASAVARAJU S/O LATE RANGAIAH, AGED ABOUT 50 YEARS, RESIDENT OF KUMBARAHALLI VILLAGE, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31157 WP No. 24303 of 2025 YASALURU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT 573137 &PETITIONERS (BY SRI. M. JAGANNATH ALVA., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M S BUILDING, BENGALURU 560001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN 573201. 3. THE ASST COMMISSIONER SAKALESHPURA SUB DIVISION, SAKALESHPURA, HASSAN DISTRICT 573134. 4. THE TAHSILDAR SAKALESHPURA TALUK, HASSAN DISTRICT 573134. 5. COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION OF LAND REP BY ITS SECRETARY THE TAHASILDAR, SAKALESHPURA TALUK, SAKALESHPURA, HASSAN DISTRICT 573134 &RESPONDENTS (BY SMT. B. P. RADHA., AGA) - 3 - HC-KAR NC: 2025:KHC:31157 WP No. 24303 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.4 AND 5 AND THE OTHER RESPONDENTS TO CONSIDER THE APPLICATIONS OF THE PETITIONERS NO.1 AND 2 DATED 31.12.1998 AND THE APPLICATION OF PETITIONER NO.3 DATED 28.12.1998 AND THE APPLICATION OF THE PETITIONER NO.4 DATED 29.12.1998 WHICH ARE PRODUCED AT ANNEXURES-A1 TO A4 RESPECTIVELY AND ETC. 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 accepts notice for all the respondents. 2. It is the case of the petitioners that petitioners No.1 to 3 and father of petitioner No.4-Sri.Rangaiah, are in occupation of their respective 2.00 Acres of lands in Sy.31 of Kumbrahalli village, Yasaluru Hobli, Sakaleshpura Taluk, Hassan District for more than 60 years. The grievance of the petitioners is that their respective applications filed in Form No.53 seeking regularization of unauthorised occupation in the year 1998, have not been considered till date. Therefore, the prayer in the petition - 4 - HC-KAR NC: 2025:KHC:31157 WP No. 24303 of 2025 is to direct the respondents to consider the said applications and till consideration, direct the respondents not to interfere with the peaceful possession and enjoyment of the petition schedule property. 3. Learned Counsel for the petitioners has drawn the attention of this Court to the Annexures filed along with memorandum of writ petition and contends that consequent to the applications filed by the petitioners, their statements have been recorded by the Revenue Inspector and the Revenue Inspector has submitted his report to the Tahsildar along with Mahazar. The sketches have also been prepared by the competent authority. Nevertheless, no further action has been taken. 4. Having regard to the contentions raised in the writ petition and submissions of the learned Counsel for the petitioners, this Court is of the considered opinion that respondent-Tahsildar was duty bound to place the applications filed by the petitioners before the Committee for Regularization of Unauthorized Occupation and the - 5 - HC-KAR NC: 2025:KHC:31157 WP No. 24303 of 2025 Committee was also duty bound to consider the applications and pass necessary orders. That exercise not has been taken by the respondent-authorities till date. 5. Consequently, the writ petition stands disposed of with a specific direction to respondent No.4-Tahsildar, Sakaleshpura Taluk to verify from the records as to whether such applications filed by the petitioners in the year 1998, are pending consideration. If it is found that such applications were indeed filed by the petitioners and the applications are yet to be considered, the respondent- Tahsildar is directed to place before respondent No.5- Committee, the applications along with his recommendation within a period of two months from the date of receipt of a copy of this order. Thereafter, respondent No.5-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. - 6 - HC-KAR NC: 2025:KHC:31157 WP No. 24303 of 2025 6. Needless to observe that till the applications of the petitioners are disposed of in terms of the directions issued by this Court, the possession of the petitioners in respect of the petition schedule property shall not be disturbed. Ordered accordingly. 7. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. 8. Pending Interlocutory Applications, if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL CT: JL