Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39125 WP No. 29346 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.29346 OF 2025 (KLR-REG)
BETWEEN:
SMT. SWETHA W/O. LATE ANANT KUMAR AGED ABOUT 39 YEARS R/AT M. HOSAHALLI VILLAGE MALUR TALUK KOLAR DISTRICT-563 139. …PETITIONER (BY SMT. SARITHA A. L., ADVOCATE) AND:
1.
STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDINGS BENGALURU-560 001
2.
THE TAHSILDAR MALUR TALUK, MALUR KOLAR DISTRICT-563 139
3.
THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION MALUR TALUK KOLAR DISTRICT-563 139 REP. BY ITS SECRETARY …RESPONDENTS (BY SRI MANJUNATH K., H.C.G.P.)
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:39125 WP No. 29346 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PLACE FORM NO.53 FILED BY HUSBAND OF THE PETITIONER AS INDICATED IN ENDORSEMENT DATED 10.03.1999, A COPY OF WHICH IS PRODUCED AT ANNEXURE-A IN RESPECT OF LAND MEASURING 1 ACRE 05 GUNTAS IN SY.NO.48 OF M. HOSAHALLI VILLAGE, MALUR TALUK AND DISPOSE OF THE SAME EXPEDITIOUSLY.
THIS WRIT PETITION IS 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. It is the case of the petitioner that the petitioner and her husband Late Anant Kumar, are in occupation of 2.00 Acres of land in Sy.48 of M.Hosahalli village, Malur Taluk, Kolar District, from several years. The grievance of the petitioner is that the application filed by the petitioner’s husband in Form No.53 seeking regularization of unauthorised occupation in the year 1999, has not been considered till date. Therefore, the prayer in the writ petition is to direct the respondents to consider the said
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HC-KAR NC: 2025:KHC:39125 WP No. 29346 of 2025
application and till consideration, direct the respondents not to dispossess the petitioner from land in question. 3. Learned Counsel for the petitioner has drawn the attention of this Court to the Annexures filed along with memorandum of writ petition and contends that consequent to the application filed by the petitioner’s husband, statement has been recorded by the Revenue Inspector and the Revenue Inspector has submitted his report to the Tahsildar along with Mahazar. The sketch has 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 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
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HC-KAR NC: 2025:KHC:39125 WP No. 29346 of 2025
application 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.2-Tahsildar, Malur Taluk, to verify from the records as to whether such application filed by the petitioner’s husband in the year 1999, is pending consideration. If it is found that such application was indeed filed and the application is yet to be considered, the respondent-Tahsildar is directed to place before respondent-Committee, the application 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 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
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HC-KAR NC: 2025:KHC:39125 WP No. 29346 of 2025
by this Court, the possession of the petitioner in respect of the property in question 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. 8. Pending Interlocutory Applications, if any, stand
disposed of.
Sd/- (R DEVDAS) JUDGE
DL CT:VC