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2025 DAILYLAW 57870 (KAR)

SMT THYAMMA v. STATE OF KARNATAKA

WP/1583/2024 · 2025-08-21

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32656 WP No. 1583 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 1583 OF 2024 (KLR-REG) BETWEEN: 1. SMT. THYAMMA W/O DEVARAJU, AGED ABOUT 51 YEARS, R/AT YAREBORE KAVALU VILLAGE, KASABA HOBLI, HASSAN TALUK-573201. …PETITIONER (BY SRI. JAGADEESH H T., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANASOUDHA, BANGALORE-01. 2. THE LAND GRANT COMMITTEE HASSAN TALUK, REPRESENTED BY ITS SECRETARY, TAHSILDAR HASSAN TALUK-573201. 3. THE TAHSILDAR HASSAN TALUK-573201. HASSAN DISTRICT. …RESPONDENTS (BY SRI.MOHAMMED JAFFER SHAH, AGA) Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32656 WP No. 1583 of 2024 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION PRAYING TO DIRECTING THE R3 TO CONSIDER THE REPRESENTATION TO PLACE THE CLAIM OF PETITIONER IN FORM NO. 57 FOR REGULARIZATION OF HIS UNAUTHORIZED CULTIVATION OF THE LAND BEARING SY. NO. 176 MEASURING TOTAL 3 ACRE 34 GUNTAS SITUATED AT KATTAYA KAVALU KASABA HOBLI, HASSAN TALUK, AND TO TAKE ALL NECESSARY STEPS IN TERMS OF RULES -108D OF THE KARNATAKA LAND REVENUE RULES, ANNEXURE-C, LETTER DT:05.12.2023 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 Additional Government Advocate takes notice for all the respondents. 2. Learned counsel for the petitioner submits that the petitioner has filed an application in Form No.57 dated 08.05.2023 as can be seen from Annexure-A seeking regularization of unauthorized occupation. However, till date no orders have been passed on the application filed by the petitioner and therefore, she filed a representation dated 05.12.2023 to consider her application vide Annexure-C. 3. The prayer in the writ petition is to issue a writ of mandamus directing respondent No.3-Tahsildar to consider the - 3 - HC-KAR NC: 2025:KHC:32656 WP No. 1583 of 2024 representation filed at the hands of the petitioner seeking regularization of unauthorized occupation of 03 acres 34 guntas of land in Sy.No.176 of Kattaya Kavalu, Kasaba Hobli, Hassan Taluk. 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 No.3-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 No.3-Tahsildar to place the application of the petitioner before the Committee within a period of two months from the date of receipt of a certified copy of this order. The Committee, thereafter, shall consider the application and pass necessary orders as expeditiously as possible. - 4 - HC-KAR NC: 2025:KHC:32656 WP No. 1583 of 2024 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 VM List No.: 1 Sl No.: 2