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2025 DAILYLAW 53872 (KAR)

SMT. JANAKI v. THE STATE OF KARNATAKA

WP/24847/2025 · 2025-08-19

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32300 WP No. 24847 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 24847 OF 2025 (KLR-LG) BETWEEN: 1. SMT. JANAKI LATE RAMAYYA GOWDA, AGED ABOUT 75 YEARS 2. SRI. RADHKRISHNA B. S/O LATE RAMAYYA GOWDA, AGED ABOUT 59 YEARS. 3. SRI. B. BALAKRISHNA GOWDA, S/O. LATE RAMAYYA GOWDA, AGED ABOUT 58 YEARS. 4. SRI. GOPALAKRISHNA B. S/O. LATE RAMAYYA GOWDA, AGED ABOUT 56 YEARS. 5. SRI. RAMAKRISHNA B. S/O. LATE RAMAYYA GOWDA, AGED ABOUT 51 YEARS. 6. SRI. SHIVARAMAKRISHNA B., S/O. LATE RAMAYYA GOWDA, AGED ABOUT 49 YEARS. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32300 WP No. 24847 of 2025 ALL ARE RESIDING AT GULLODI HOUSE, KALMANJA VILLAGE, BELTHANGADY TALUK, D.K. DISTRICT - 574 228. …PETITIONERS (BY SRI. THARANATH SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560 001. BY ITS CHIEF SECRETARY. 2. THE THASILDAR, BELTHANGADY TALUK, SECRETARY AKRAMA-SAKRAMA COMMITTEE, BELTHANGADY, D.K. DISTRICT - 574 214. …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-2 TO COMPLY THE ORDER DTD 02.02.2022 PASSED BY THE ASST COMMISSIONER PUTTUR SUB DIVISION PUTTUR IN APPEAL NO. ADS R E V SR/148/2018-19 FORTHWITH AS PER ANNEXURE-A. - 3 - HC-KAR NC: 2025:KHC:32300 WP No. 24847 of 2025 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 both the respondents. 2. The grievance of the petitioner is that despite the Assistant Commissioner, Puthur Sub-Division, passing an order at Annexure-A dated 02.02.2022 directing the Tahsildar, Belthangady Taluk to take action on the application filed by the petitioner for regularization of unauthorized occupation, no action has been taken by the Tahsildar. 3. It is seen from the order at Annexure-A passed by the Assistant Commissioner in dispute bearing No.ADS:R.E.V.S.R/148/2018-19 that the earlier order passed by the Committee for Regularization of Unauthorized Occupation in NCR:CR.No.326/91-92 dated 08.07.1998 of Belthangady Taluk is set aside by the - 4 - HC-KAR NC: 2025:KHC:32300 WP No. 24847 of 2025 Assistant Commissioner and an order of remand has been passed by the Assistant Commissioner directing the Tahsildar to place the application once again before the Committee. 4. The writ petition stands disposed of, with a specific direction to respondent No.2-Tahsildar, Belthangady Taluk, to place the application of the petitioner along with his recommendation before the Committee for regularization of unauthorized occupation within a period of four weeks from the date of receipt of copy of this Order. 5. Thereafter, the Committee shall consider the application filed by the petitioner and pass necessary orders within a period of two months from the said date of the application being placed before the Committee at the hands of the Tahsildar. Needless to observe, the possession of the petitioner shall not be disturbed till a decision is taken by the Committee. - 5 - HC-KAR NC: 2025:KHC:32300 WP No. 24847 of 2025 Ordered accordingly. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 35 CT:SS