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2025 DAILYLAW 54141 (KAR)

SMT. RATHNAMMA v. THE STATE OF KARNATAKA

WP/28857/2025 · 2025-09-26

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39232 WP No. 28857 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 28857 OF 2025 (KLR-RES) BETWEEN: SMT. RATHNAMMA W/O. JAYANNA AGE 43 YEARS, OCC: AGRICULTURE, R/O JUNGAPPANNA HATTI, DINDAVARA JAVAGONDANAHALLI HOBLI, TALUK HIRIYUR, DIST-CHITRADURGA - 577 511 …PETITIONER (BY SRI. RATHNAMMA E, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER CHITRADUGA DIST-CHITRADURGA - 577 501. 3. THE TAHSILDAR HIRIYUR TALUK, HIRIYUR, DIST.-CHITRADURGA - 577 511. …RESPONDENTS (BY SRI. V. SESHU, HCGP) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39232 WP No. 28857 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE R3 TO CONSIDER REPRESENTATION VIDE ANNX-C DATED 04/04/2025. B) RESPECTIVELY FILED BY THE RESPONDENT TO ISSUANCE OF SAGUVALI CHIT AND REGULARISATION IN THE NAME OF PETITIONER. 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 High Court Government Pleader accepts notice for all the respondents. 2. The grievance of the petitioner is that his application filed in Form No.57 seeking regularization of unauthorised occupation of 4 acres of land in Survey No.12 of Layadasarahalli Village, Javagondanahalli Hobli, Hiriyur Taluk, Chitradurga District on 01.02.2019, has not been considered till date. The prayer in the petition is to direct the respondents to consider the representation dated 04.04.2025 and consider the application of the petitioner in Form No.57. - 3 - HC-KAR NC: 2025:KHC:39232 WP No. 28857 of 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-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. 5. Consequently, the writ petition stands disposed of with a specific direction to respondent-Tahsildar, Hiriyur Taluk, to verify from the records as to whether such applications 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 along with his recommendation within a period of four weeks from the date of receipt of a copy of this order. - 4 - HC-KAR NC: 2025:KHC:39232 WP No. 28857 of 2025 Thereafter, respondent-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. 6. Needless to observe that till the application of the petitioner is disposed of in terms of the directions issued by this Court, the possession of the petitioner in respect of the petition schedule property shall not be disturbed. Ordered accordingly. 7. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv CT: BHK