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2025 DAILYLAW 67476 (KAR)

SMT. LAKSHMIDEVI v. STATE OF KARNATAKA

WP/30395/2025 · 2025-10-30

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:43604 WP No. 30395 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 30395 OF 2025 (KLR-REG) BETWEEN: SMT. LAKSHMIDEVI W/O NANJAPPA, AGED ABOUT 60 YEARS, R/A HONNENAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562111. …PETITIONER (BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M. S. BUILDING, BENGALURU-560001. 2. DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, BEERASANDRA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. 3. THE TAHSILDAR, NELAMANGALA TALUK, NELAMANGALA-562123. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43604 WP No. 30395 of 2025 4. THE LAND GRANT COMMITTEE FOR GRANT OF LANDS TO UNAUTHORIZED OCCUPANTS OF GOVERNMENT LANDS, NELAMANGALA TALUK, NELAMANGALA-562123, BY ITS CHAIRMAN. …RESPONDENTS (BY SRI. SPOORTHY HEGDE, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER AND DISPOSE OF THE ACKNOWLEDGMENT DATED 30.04.1999 VIDE ANNEXURE- A AND REPRESENTATION DATED 28.07.2025 VIDE ANNEXURE-G FILED BY THE PETITIONER FOR REGULARIZATION OF THE UNAUTHORIZED OCCUPATION OF THE LAND BEARING SY.NO.47 MEASURING TO AN EXTENT OF 2 ACRES SITUATED AT HONNENAHALLI VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT EXPEDITIOUSLY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2025:KHC:43604 WP No. 30395 of 2025 ORAL ORDER Learned High Court Government Pleader accepts notice for the respondents. 2. The petitioner has sought for issuance of writ of mandamus directing the respondents to consider and dispose of the acknowledgment dated 30.04.1999 at Annexure-A and consider the representation dated 28.07.2025 at Annexure-G filed by the petitioner for regularisation of the unauthorised occupation of the land bearing Sy.No.47 measuring to an extent of 2 acres situated at Honnenahalli Village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District. 3. It is the case of the petitioner that being in unauthorised occupation, petitioner has made an application for regularisation. It is further submitted that till date the respondent authorities have not taken any action nor any decision has been communicated to them. - 4 - HC-KAR NC: 2025:KHC:43604 WP No. 30395 of 2025 4. In light of the limited prayer made, respondent No.3 to examine the relevant facts and material on record and pass appropriate orders after considering the application. Decision to be taken within a period not later than one year. It is made clear that the procedure under Rule 108-CCC of the Karnataka Land Revenue Rules, 1966, is to be strictly complied with. 5. In terms of the amendment of the Rule 108-CCC (3), in the event of ineligibility, the Deputy Commissioner is the authority, who is to take a decision of rejection in the case of ineligible applications and the Tahsildar along with the report to forward the same to the Deputy Commissioner. If however, application is found eligible, then the Tahsildar is required to place it before the Regularisation Committee. Accordingly, the petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR