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2025 DAILYLAW 67775 (KAR)

SRI JAGADISH L M v. STATE OF KARNATAKA

WP/6638/2025 · 2025-08-29

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33546 WP No. 6638 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 6638 OF 2025 (KLR-RES) BETWEEN: SRI JAGADISH L.M. S/O LATE MOGANNA GOWDA AGED ABOUT 46YEARS R/AT BANDABOVENAHLLI VILLAGE KASABA HOBLI KR PET TALUK MANDYA DISTRICT 571423 …PETITIONER (BY SRI. K V NARASIMHAN AND SRI PAVANRAJ B., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA BANGALORE 560001 2. TAHSILDAR KR PET TALUK MANDYA DISRICT 571426 3. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA 571401 4. COMMITTEEE FOR REGULARIZATION OF Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33546 WP No. 6638 of 2025 UNAUTHORIZED OCCUPATION KR PET TALUK MANDYA DISTRICT-571426 BY ITS SECRETARY …RESPONDENTS (BY SRI.SESHU V.HCGP ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION IN FORM NO. 50 OF THE KARNATAKA LAND REVENUE ACT AS EVIDENCED BY THE ACKNOWLEDGMENT AT ANNX-A DTD 05.12.1998 BY CONSIDERING THE REPRESENTATION AT ANNX-B DTD 15.01.2025 WITHIN A TIME FRAME DIRECT RESTRAINING THE RESPONDENTS FROM DISPOSSESSION THE PETITIONER FROM 3 ACRE 10 GUNTAS OF LAND IN SY NO. 2 OF B.KALLAHALLI VILLAGE, KASABA HOBLI, K.R. PET TALUK, MANDYA DISTRICT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The learned High Court Government Pleader takes notice for all the respondents. 2. It is the contention of the petitioner that he has filed an application in Form No.50 during the month of December, 1998 seeking regularization of unauthorized occupation of 3 acres 10 guntas of land in Sy.No.2 of B Kallahalli village, Kasaba Hobli, K R Pet Taluk, Mandya District. However, no order has been passed by the Committee till date. - 3 - HC-KAR NC: 2025:KHC:33546 WP No. 6638 of 2025 In the meanwhile, the respondents - Authorities are seeking to dispossess the petitioner. 3. The learned counsel for the petitioner submits that the petitioner has filed an application seeking regularization of unauthorized occupation as can be seen from Annexure-A. 4. The prayer in the writ petition is to issue writ of mandamus directing the respondent-authorities to consider the application filed at the hands of the petitioner seeking regularization of unauthorized occupation of 3 acres 10 guntas of land in Sy.No.2 of B Kallahalli village, Kasaba Hobli, K R Pet Taluk, Mandya District. 5. 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.2-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. - 4 - HC-KAR NC: 2025:KHC:33546 WP No. 6638 of 2025 6. Consequently, the writ petition stands disposed of with a specific direction to respondent No.2-Tahsildar, K R Pet Taluk 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 in accordance with law. 7. Ordered accordingly. 8. It is needless to observe that till the application is considered and order is passed, the possession of the petitioner in respect of the land in question shall not be disturbed. 9. The learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE Bkm List No.: 1 Sl No.: 21