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2025 DAILYLAW 74200 (KAR)

SRI LAKSHMI DEVI v. STATE OF KARNATAKA

WP/8587/2025 · 2025-08-11

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31068 WP No. 8587 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 8587 OF 2025 (KLR-RES) BETWEEN: SRI LAKSHMI DEVI W/O KARIYANNA AGED ABOUT 46 YEARS, RESIDENT OF JULAIAHNA HATTI VILLAGE. J G HALLI HOBLI, HIRIYURU TALUK, CHITRADURGA DISTRICT-572143. …PETITIONER (BY SMT.GEETHA A, ADVOCATE FOR SMT.RATHNAMMA E., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, MULTI STORIED BUILDING BENGALURU- 560 001. 2. DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA- 577 501 3. TAHSILDAR, HIRIYURU TALUK, HIRIYURU, CHITRADURGA DISTRICT- 572 143. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31068 WP No. 8587 of 2025 4. COMMITTEE FOR REGULARISATION OF UNAUTHORISED OCCUPATION REP BY SECRETARY AND TAHSILDAR, HIRIYU CHITRADURGA DISTRICT-572143. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER THE ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS TO CONSIDER THE APPLICATION FILED BY THE PETITIONER FOR REGULARIZATION AND TAKE DECISION IN SO FAR AS IT RELATES TO 4 ACRES OF LAND IN SY NO.48 OF OBALAPURA VILLAGE, JAVANAGONDANAHALLI HOBLI, HIRLYURU TALUK, CHITRADURGA DISTRICT IS CONCERNED AS PER THE DETAILS SHOWN IN THE FROM NO 57 COPY OF WHICH IS PRODUCED AS ANNEXURE-A IN THE LIGHT OF THE GOVERNMENT ORDER BEARING NO.RD 59 LGP 2000 BANGALORE DATED 22/2/2003 AND UNIQUE QUE NO. RD.11 SVEE AND RAA 2003 DATED 22/2/2003 COPY OF WHICH IS PRODUCED AT ANNEXURE-B AND PASS ORDER FOR REGULARISATION OF UNAUTHORISED OCCUPATION OF THE PETITIONER AS PER THE REPRESENTATION DATED 16/01/2025 TRUE COPY OF WHICH IS PRODUCED AS ANNEXURE-C 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. - 3 - HC-KAR NC: 2025:KHC:31068 WP No. 8587 of 2025 2. The petitioner had made an application in Form No.57 seeking regularization of unauthorized occupation of 04 acres of land in Sy.No.48 of Obalapura Village, Javanagondanahalli Hobli, Hiriyuru Taluk, Chitradurga District, as per Annexure-A. 3. Learned counsel for the petitioner has drawn the attention of this Court to Annexure 'B' which is a Government Order bearing No.RD-59-LGP-2000, Bangalore dated 22.02.2003 wherein, the State Government has taken a decision that such lands which were reserved as Sendhi Vana, for the purpose of extracting arrack in many of the districts have to be de-reserved and handed over to Revenue Department for further action. It is pointed out from the said Government Order, that in respect of Chitradurga District, an extent of 8817.18 acres of land have been de-reserved from Sendhi Vana and made available to the Revenue Department for further action. 4. Further, the learned counsel has also drawn the attention of this Court to clause-5 of the Government Order wherein, it is clearly stated that the de-reserved lands may be - 4 - HC-KAR NC: 2025:KHC:31068 WP No. 8587 of 2025 granted to landless persons under the provision for regularization of unauthorized occupation to an extent not exceeding 05 acres to each applicant. 5. Learned counsel however submits that it is possible that the petitioner is in occupation of 04 acres of land in terms of the application filed by her. 6. Having regard to the admitted position that the State Government itself issued a Government Order in the year 2003 to regularize unauthorized occupation of such lands in favour of persons who do not have any agricultural lands with them, this Court deems it fit to dispose of the writ petition as under: ORDER 1. The writ petition is allowed in part. 2. The respondent - Tashildar is directed to place the application of the petitioner along with his recommendation taking note of the survey report earlier made available to the Tashildar and place the same before the respondent - Committee for regularization of unauthorized occupation within a period of - 5 - HC-KAR NC: 2025:KHC:31068 WP No. 8587 of 2025 two months from the date of receipt of a copy of this order. 3. The Committee shall re-consider the application having regard to the Government order dated 22.02.2003 at Annexure 'B' and pass necessary orders, having regard to the claim made by the petitioner in the application and the verification of the factual aspects, as expeditiously as possible and at any rate within a period of two months from the date when which the application is placed by the Tashildar before the Committee. Ordered accordingly. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 33 CT:PS