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2025 DAILYLAW 68372 (KAR)

KEMPAMMA v. STATE OF KARNATAKA

WP/22102/2025 · 2025-08-19

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32255 WP No. 22102 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 22102 OF 2025 (KLR-RES) BETWEEN: KEMPAMMA AGED ABOUT 71 YEARS W/O LATE DASAPPA R/O VISHWANATHAPURA, BELAMARNAHALLI, BANGARAPET, KOLAR DISTRICT-563133 …PETITIONER (BY SRI. NATARAJA BALLAL A., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, M. S. BUILDING, DR. AMEDKAR VEEDHI, BENGALURU-560 001 REP. BY ITS SECRETARY 2. DEPUTY COMMISSIONER OFFICE OF DISTRICT ADMINISTRATION, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT 562110. 3. ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA, BENGALURU RURAL DIST-561203. 4. TASHILDAR HOSAKOTE TALUK, BENGALURU RURAL DIST-562114 …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32255 WP No. 22102 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND DIRECT THE RESPONDENTS HEREIN TO CONSIDER THE APPLICATION OF THE PETITIONER AT ANNEXURE-A AND REGULARIZE THE UNAUTHORIZED OCCUPATION AND ISSUE SAGUVALI CHIT IN A TIME BOUND MANNER IN RESPECT OF THE LAND IN SY.NO.2 OF DODDARAMANAHALLI GRAMA, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT TO AN EXTENT OF 1.20 ACRES AND ETC. 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 Additional Government Advocate accepts notice for all the respondents. 2. It is the case of the petitioner that the petitioner is in occupation of 1.20 Acres of lands in Sy.No.2 of Doddamaranahalli Grama, Narasapura Hobli, Hosakote Taluk, Bengaluru Rural District for more than 30 years. The grievance of the petitioner is that her application filed in Form No.53 seeking regularization of unauthorised occupation on 26.11.1998 has not been considered till date. Therefore, the prayer in the petition is to direct the respondents to consider the said application and till - 3 - HC-KAR NC: 2025:KHC:32255 WP No. 22102 of 2025 consideration, direct the respondents not to disturb the peaceful possession and enjoyment of the petitioner over the property in question. 3. Learned Counsel for the petitioner has drawn the attention of this Court to the Annexures filed along with memorandum of writ petition and contends that consequent to the application filed by the petitioner, her statement has been recorded by the Revenue Inspector and the Revenue Inspector has submitted his report to the Tahsildar along with Mahazar. The sketch has also been prepared by the competent authority. Nevertheless, no further action has been taken. 4. Having regard to the contentions raised in the writ petition and submissions of the learned Counsel for the petitioner, this Court is of the considered opinion that respondent-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 - 4 - HC-KAR NC: 2025:KHC:32255 WP No. 22102 of 2025 application and pass necessary orders. That exercise not has been taken by the respondent-authorities till date. 5. Consequently, the writ petition stands disposed of with a specific direction to respondent No.4-Tahsildar, Hosakote Taluk to verify from the records as to whether such an application is filed by the petitioner on 26.11.1998, is pending consideration. If it is found that such application was indeed filed by the petitioner and the application is yet to be considered, the respondent- Tahsildar is directed to place before the ‘Committee for Regularization of Unauthorised Occupation’ the application along with his recommendation within a period of two months from the date of receipt of a copy of this order. Thereafter, the Committee shall consider the application and pass necessary orders in accordance with law as expeditiously as possible and at any rate within a period of two months thereafter. 6. Needless to observe that till the application of the petitioner is disposed of in terms of the directions issued - 5 - HC-KAR NC: 2025:KHC:32255 WP No. 22102 of 2025 by this Court, the possession of the petitioner in respect of the land in question shall not be disturbed. Ordered accordingly. 7. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT: JL