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2025 DAILYLAW 54700 (KAR)

SRI GIRISH D N v. THE STATE OF KARNATAKA

WP/29248/2025 · 2025-09-25

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38960 WP No. 29248 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 29248 OF 2025 (KLR-RES) BETWEEN: SRI. GIRISH D N S/O LATE CHIKKA NARSIMHAPPA, AGED ABOUT 37 YEARS, R/AT DWARASANDRA VILLAGE, KASABA HOBLI, SRINIVASAPURA TALUK - 563 135 KOLAR DISTRICT. …PETITIONER (BY SRI. BHADRINATH R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001 REPRESENTED BY PRINCIPAL SECRETARY. 2. THE CHAIRMAN REPRESENTED BY SECRETARY, LAND GRANT COMMITTEE FOR UNAUTHORISED CULTIVATION, SRINIVASAPURA TALUK, SRINIVASAPURA - 563 135 KOLAR DISTRICT. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38960 WP No. 29248 of 2025 3. THE TAHSILDAR SRINIVASAPURA TALUK, SRINIVASAPURA - 563 135 KOLAR DISTRICT. …RESPONDENTS (BY SRI. V. SESHU, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. TO ISSUE WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION DATED 16.03.2022 MADE BY THE PETITIONER AS FOUND AT ANNEXURE-A 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 High Court Government Pleader takes notice for all the respondents. 2. It is the contention of the petitioner that his father late Sri.Chikkanarasimhappa filed an application in Form-53 dated 26.06.1998 seeking regualarisation of Unauthorised occupation of 2 acres of land in Sy.No.107 of Dwasandra Village, Srinivasapura Taluk, Kolar District, the - 3 - HC-KAR NC: 2025:KHC:38960 WP No. 29248 of 2025 same is still pending consideration, the petitioner has filed an application in respect of the very same land seeking regularization of unauthorised occupation in Form No.57 dated on 23.08.2023. The petitioner has made a representation dated 16.03.2022 to the respondent- Tahsildar to consider the application for regularization. 3. The petitioner is aggrieved by the inaction of the respondent-Tahsildar to consider the representation dated 16.03.2022 found at Annexure-A. 4. 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. That exercise not having been taken by the respondent authorities, the - 4 - HC-KAR NC: 2025:KHC:38960 WP No. 29248 of 2025 respondents cannot evict the petitioner without consideration of the application of the petitioner. 5. Consequently, the writ petition stands disposed of with a specific direction to respondent-Tahsildar, Srinivasapura Taluk, to verify from the records as to whether such applications filed by the petitioner and his father in the years 1998 and 2023, is pending consideration. If it is found that such applications was indeed filed by the petitioner and his father and the applications are yet to be considered, the respondent- Tahsildar is directed to place before the 'Committee for Regularization of Unauthorized Occupation' the applications along with his recommendation within a period of four weeks from the date of receipt of a copy of this order. Thereafter, respondent-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. - 5 - HC-KAR NC: 2025:KHC:38960 WP No. 29248 of 2025 6. Needless to observe that till the applications of the petitioner and his father are 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 List No.: 1 Sl No.: 30 CT:BHK