Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:29100 WP No. 17694 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 17694 OF 2025 (KLR-RES)
BETWEEN:
SRI G J SHIVASHANKAR S/O JAVARAPPA @ JAVAREGOWDA, AGED ABOUT 38 YEARS, R/A BEHIND ANDHRA DHABA (GOVINDAGHATTA), B.G. NAGAR, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT 571 418. …PETITIONER (BY SRI. VIRUPAKSHAIAH P.H..,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001.
2.
THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA 571 401.
3.
THE TAHSILDAR NAGAMANGALA TALUK, NAGAMANGALA - 571 432. …RESPONDENTS (BY SRI. SESHU V., HCGP)
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:29100 WP No. 17694 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR
ORDER OR DIRECTION IN THE SIMILAR NATURE DIRECTING THE 3RD RESPONDENT AUTHORITY TO CONSIDER THE REPRESENTATIONS DATED 4.11.2023 AND 09.08.2024 VIDE ANNEXURE-E AND F AND EFFECT KATHA IN THE NAME OF PETITIONER IN RESPECT OF THE LAND BEARING SY. NO. 5 MEASURING TO AN EXTENT OF 01 ACRE 01 GUNTA AND 10 GUNTAS SITUATED AT GOVINDAGHATTA VILLAGE, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT EXPEDITIOUSLY.
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. The grievance of the petitioner is that despite a representation being given by the petitioner on 04.11.2023 to respondent No.3-Tahsildar, Nagamangala Taluk, for issuance of Saguli chit pursuant to the decision of the Committee for regularization of unauthorised occupation taken on 04.01.2004, regularizing the
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HC-KAR NC: 2025:KHC:29100 WP No. 17694 of 2025
unauthorized occupation of the petitioner’s father in respect of 1 acre 11 guntas in Survey No.5 of Govindaghatta Village, Bellur Hobli, Nagamangala Taluk, the Tahsildar has not taken any action. 3. Learned High Court Government Pleader submits, on the basis of the material available on record, furnished by the petitioner along with the writ petition, that if it is true that the Committee had taken such a decision in the year, 2004 and the fact that the petitioner’s father, during his lifetime, sought to partition the property, including the land in question, under Panchayath Palu Parikath dated 27.12.2007 at Annexure-D, then it is seen that the petitioner's father during his lifetime did not seek issuance of saguvali chit. Admittedly, no revenue entries have been mutated in the name of the petitioner's father and after a belated period of nearly 20 years, this representation is given by the petitioner. - 4 -
HC-KAR NC: 2025:KHC:29100 WP No. 17694 of 2025
4. Having heard the learned counsel for petitioner, learned High Court Government Pleader and on perusing the petition papers, this Court is of the considered opinion that at any rate, respondent No.3-Tahsildar, Nagamangala Taluk, is duty-bound to consider the representation given by the petitioner. It is the duty of the petitioner to verify from the records as to whether such a decision was taken by the Committee for regularization of unauthorized occupation. If it is found that such a decision was indeed taken by the Committee, then the Tahsildar is required to proceed in accordance with law for issuance of saguvali chit. 5.
In that view of the matter, the writ petition stands disposed of, with a specific direction to respondent No.3-Tahsildar, Nagamangala Taluk, to consider the representation dated 04.11.2023 at Annexure-E given by the petitioner, verify the records as stated hereinabove and proceed to pass necessary orders on the representation given by the petitioner as expeditiously as
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HC-KAR NC: 2025:KHC:29100 WP No. 17694 of 2025
possible and at any rate within a period of two months from the date of receipt of a copy of this order. ordered accordingly. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE
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