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2025 DAILYLAW 61762 (KAR)

SRI YALLAPPA S/O FAKKIRAPPA RITTI v. THE GOVT OF KARNATAKA

WP/106916/2025 · 2025-09-17

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12345 WP No. 106916 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106916 OF 2025 (KLR-REG) BETWEEN: 1. SRI. YALLAPPA S/O. FAKKIRAPPA RITTI, AGE: 50 YEARS, OCC. AGRICULTURE, R/O. HULASOGI VILLAGE- 581412, TAL. SHIGGAON, DIST. HAVERI. 2. SRI. GOVINDAPPA S/O. FAKKIRAPPA RITTI, AGE: 55 YEARS, OCC. AGRICULTURE, R/O. HULASOGI VILLAGE-581412, TAL. SHIGGAON, DIST. HAVERI. …PETITIONERS (BY SRI. RAJENDRA R.PATIL, ADVOCATE) AND: 1. THE GOVT OF KARNATAKA R/BY. ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER HAVERI DISTRICT, HAVERI-581110. 3. THE ASSISTANT COMMISSIONER SAVANUR, DIST. HAVERI-581205. 4. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION, SHIGGAON, R/BY. ITS MEMBER SECRETARY/TAHASILDAR, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12345 WP No. 106916 of 2025 SHIGGAON, TAL. SHIGGAON, DIST. HAVERI-581205. 5. THE TAHASILDAR SHIGGAON, TAL. SHIGGAON, DIST. HAVERI-581205. 6. THE DEPUTY TAHASILDAR DHUNDASHI, TAL. SHIGGAON, DIST. HAVERI-581205. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R6) THIS WP IS FILED UNDER ARICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) A WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENTS NO. 4 REGULARIZE THE UNAUTHORIZED OCCUPATION OF LANDS IN QUESTION AS PER RULE 108-CC OF KARNATAKA LAND REVENUE RULES, 1966 BY CONSIDERING THE APPLICATIONS FILED ON 29/8/2016 UNDER FORM NO. 53 MARKED AT ANNEXURE-B AND C RESPECTIVELY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 6. 2. The petitioners are before this Court seeking for the following reliefs: i. A writ in the nature of mandamus to the Respondents No. 4 regularize the unauthorized occupation of lands in question as per Rule 108-CC - 3 - HC-KAR NC: 2025:KHC-D:12345 WP No. 106916 of 2025 of Karnataka Land Revenue Rules, 1966 by considering the applications filed on 29/8/2016 under form no. 53 marked at Annexure-B and C respectively. ii. And grant any other relief as deemed fit in the interest of justice 3. The grievance of the petitioners is that the application filed by the petitioner in Form No.53 for regularization of the unauthorised occupation of the petitioner in Survey No.145 of Hulasogi Village, Shiggaon Taluk, Haveri District, on 29.08.2016 and subsequent representation dated 26.04.2024 at Annexure-G have not been considered. 4. Whenever any application for declaration is being filed by a citizen to a particular authority, the said authority is required to pass necessary orders on the same, either accepting or rejecting it, within a reasonable period of time. Neither having been done in the present case, I pass the following: - 4 - HC-KAR NC: 2025:KHC-D:12345 WP No. 106916 of 2025 ORDER i) Writ Petition is allowed. ii) A mandamus is issued directing the respondents to consider the representations of the petitioners at Annexures-B and C within a period of 6 weeks from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE Sh Ct:pa List No.: 1 Sl No.: 38