SRI. NARAYANAPPA S/O BELLAPPA, v. THE STATE OF KARNATAKA
WP/25313/2023 · 2025-09-10
R Devdas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 75702 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 75702 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35736 WP No. 25313 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.25313 OF 2023 (KLR-RES) BETWEEN:
SRI. NARAYANAPPA S/O BELLAPPA, AGED ABOUT 65 YEARS, R/AT #59, NAGANAYAKANAHALLI, SOMANAHALLI, BANGALORE KARNATAKA-560 082. …PETITIONER (BY SMT. GEETHA.A., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT M S BUILDING, BANGALORE-560001. 2. THE TAHSILDAR RAMANAGARA TALUK, RAMANAGARA DISTRICT-562 159. …RESPONDENTS (BY SRI. MANJUNATH.K., HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 TO ISSUE ENDORSEMENT TO PAY THE CALCULATED PREMIUM IN RESPECT OF THE LAND IN QUESTION BY CONSIDERING THE REPRESENTATION DATED 17/10/2023 GIVEN TO THE R2 VIDE ANNEXURE-C TO THE WP AND ETC. Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:35736 WP No. 25313 of 2023
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 petitioner is seeking a writ of mandamus directing respondent No.2-Tahsildhar, Ramanagara Taluk, to issue an endorsement calling upon the petitioner to pay the kimmath of land in question namely 03 acres of land in Sy.No.219 of Kodiyala Karenahalli Village, Bidadi Hobli, Ramanagara Taluk, Ramanagara District. 2. It is contended by the petitioner that the petitioner filed an application on 21.10.1991 in Form No.50 (wrongly referred as Form No.53). It is contended that the Committee for regularisation of unauthorised occupation never took up application for consideration and therefore, directions are sought to the Tahsildhar to place the application before the Committee, so that the Committee shall take a decision on the application filed by the petitioner. - 3 -
HC-KAR NC: 2025:KHC:35736 WP No. 25313 of 2023
3. On the previous date of hearing, this Court directed the learned AGA to find out from the original records as to whether the petitioner has filed application. Learned AGA filed a memo along with an Endorsement dated 05.08.2025 issued by the Tahsildhar to the petitioner stating that after verification of the original register containing the applications, the Tahsildhar did not find the application filed by the petitioner.
Attention of this Court was drawn to Annexure-B, extract of the register maintaining the applications filed along with the sketch, said to have been prepared by the Taluka Surveyor and it was pointed that at Sl.No.71, application filed on 18.06.1991 was by Narayanappa S/o Thimmaiah, there is a interpolation of the word 'Thimmaiah' which is sought to be read as 'Bellaiah'. This Court, therefore directed the learned AGA to ensure that the original register be made available before this Court. Today, learned AGA has produced the original register containing the list of the applicants of the relevant year namely 1991 seeking regularisation of unauthorised occupation. 4. On perusal of the original register, which is also shown to the learned counsel for the petitioner, this Court finds
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HC-KAR NC: 2025:KHC:35736 WP No. 25313 of 2023 at Sl.No.71, an application filed on 18.06.1991 was by Narayanappa S/o Thimmaiah and not Bellaiah. Learned AGA has also furnished the original application filed by Sri. Narayanappa S/o Thimmaiah. In that view of the matter, it is clear that the petitioner has never filed an application seeking regularisation of unauthorised occupation. Therefore, this Court is not in a position to direct the respondent- Tahsildhar to consider the representation of the petitioner. The writ petition is accordingly dismissed. 5. In the normal course, this Court would have impose exemplary cost on the petitioner for wasting the time of the Court and making false claims. However, having regard to the fact that the petitioner is from rural area and not with much means, this Court would hold back its hands in the matter of imposing cost on the petitioner. Sd/- (R DEVDAS) JUDGE SMJ List No.: 1 Sl No.: 19