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2025 DAILYLAW 66888 (KAR)

LAKSHMANA v. THE DEPUTY COMMISSIONER

WP/27674/2025 · 2025-09-12

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36197 WP No. 27674 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 27674 OF 2025 (KLR-RES) BETWEEN: 1. LAKSHMANA S/O VIRUPANNA AGED ABOUT 50 YEARS R/AT KALGERE VILLAGE BHARAMASAGAR HOBLI CHITRADURGA TLAUK AND DISTRICT-577501 2. RAVIKUMAR M., S/O MALLESHAPPA AGED ABOUT 42 YEARS R/AT KALGERE VILLAGE BHARAMASAGAR HOBLI CHITRADURGA TLAUK AND DISTRICT-577501 3. KARIYAMMA W/O HANUMAPPA AGED ABOUT 65 YEARS R/AT KALGERE VILLAGE BHARAMASAGAR HOBLI CHITRADURGA TLAUK AND DISTRICT-577501. …PETITIONERS (BY SRI. KANTHARAJAPPA M G.,ADVOCATE) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36197 WP No. 27674 of 2025 AND: 1. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA-577501 2. THE ASSISTANT COMMISIONER CHITRADURGA SUB-DIVISION CHITRADURGA-577501 3. THE TAHSILDAR THE TAHSILDAR OFFICE CHITRADURGA-577501 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.1 TO 3 CONSIDER THE OBJECTION AND REPRESENTATION GIVEN BY THE PETITIONERS DATED 21.02.2025 ARE PRODUCED AS ANNEXURE-E, F AND G, TO THE WRIT PETITION. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER 1. Learned AGA takes notice for all the respondents. 2. It is the contention of the petitioners that they have filed applications in Form No.57 between the years 2019 to 2022. It is their contention that the applications - 3 - HC-KAR NC: 2025:KHC:36197 WP No. 27674 of 2025 are yet to be considered. In the meanwhile, the local villagers are also making a request to form a layout under the ‘Ashraya Scheme’ and forms sites and distribute the same to siteless persons. However, the petitioners contend that the lands for which claim has been made by the petitioners by filing Form No.57 should not be considered for the purpose of ‘Ashraya Scheme’. 3. Having regard to the contentions raised in the writ petition and submission of the learned Counsel for the petitioners, this Court is of the considered opinion that respondent No.3-Tahsildar was duty bound to place the applications filed by the petitioners before ‘Committee for Regularization of Unauthorized Occupation’ and the Committee was also duty bound to consider the applications and pass necessary orders. 4. Consequently, the writ petition stands disposed of with a specific direction to respondent No.3-Tahsildar, Chitradurga, to verify from the records as to whether such applications filed by the petitioners between the year 2019 - 4 - HC-KAR NC: 2025:KHC:36197 WP No. 27674 of 2025 to 2022 are pending consideration. If it is found that such applications were indeed filed by the petitioners and the applications are yet to be considered, respondent No.3- Tahsildar is directed to place before Committee, the applications along with his recommendation within a period of four weeks from the date of receipt of a copy of this order. Thereafter, 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. Ordered accordingly. 6. Learned AGA is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE RHS List No.: 1 Sl No.: 10