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2025 DAILYLAW 54487 (KAR)

BETTASWAMY v. THE STATE OF KARNATAKA

WP/14621/2025 · 2025-08-19

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32285 WP No. 14621 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. 14621 OF 2025 (KLR-LG) BETWEEN: BETTASWAMY AGED ABOUT 46 YEARS, OCC DAILY WAGES LABOUR S/O HOMBAYYA ALIAS MUNIYAPPA R/O BAIRASANDRA VILLAGE, TATAGUNI POST AGARA DAKALE, KENGERI HOBLI BENGALURU SOUTH TALUK, BENGALURU URBAN DISTRICT - 560 056. …PETITIONER (BY SRI. GUTHAL SIVAPPA SHANKARAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT M.S. BUILDING, BENGALURU - 560 001. 2. THE TAHSILDAR, BENGALURU SOUTH TALUK, KANDAYA BHAVANA BENGALURU - 560 001. …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32285 WP No. 14621 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 TO REGULARIZE THE UN-AUTHORIZED CULTIVATION OF THE LAND BEARING SY.NO.182 MEASURING 3 ACRES OF B.M. KAVAL VILLAGE BY PETITIONER BY CONSIDERING THE APPLICATION DATED 30.11.98. 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 both the respondents. 2. The grievance of the petitioner is that the application filed seeking regularization of unauthorised occupation of 3 acres of land in Survey No.182 of B.M.Kaval Village, Kengeri Hobli, Bengaluru South Taluk, on 30.11.1998, has not been considered till date. Therefore, the prayer in the petition is to direct the respondent-Tahsildar to consider the representations of the petitioner. 3. Having regard to the contentions raised in the writ petition and submission of the learned counsel for the - 3 - HC-KAR NC: 2025:KHC:32285 WP No. 14621 of 2025 petitioner, this Court is of the considered opinion that respondent No.2-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. 4. Consequently, the writ petition stands disposed of with a specific direction to respondent No.2-Tahsildar, Benglauru South Taluk, to verify from the records as to whether such an application filed by the petitioner in the year 1998, 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, the application along with his recommendation within a period of two months from the date of receipt of a copy of this order. Thereafter, the Committee shall consider the application and pass necessary orders in accordance with - 4 - HC-KAR NC: 2025:KHC:32285 WP No. 14621 of 2025 law as expeditiously as possible and at any rate within a period of two months thereafter. 5. 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. 6. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv CT:SS