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2025 DAILYLAW 76106 (KAR)

SRI Y KRISHNA MURTHY v. THE STATE OF KARNATAKA

WP/26118/2025 · 2025-08-30

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33958 WP No. 26118 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 26118 OF 2025 (KLR-REG) BETWEEN: SRI Y KRISHNA MURTHY S/O LATE YALLAPPA AGED ABOUT 72 YEARS R/AT NO 9, SRI KRISHANA NILAYA, 1ST CROSS, VENKATESHWARA LAYOUT, BEHIND SANDHYA TENT, BTM 1ST STAGE, MADIWALA, BANGALORE SOUTH BOMMANAHALI, BENGALURU - 560068 …PETITIONER (BY SRI. SHIVAKUMAR V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, VIKASA SOUDHA, AMBEDKAR VEEDHI BENGALURU - 560001. 2. THE TAHSILDAR ANEKAL TALUK, ANEKAL - 562106 …RESPONDENTS (BY SRI.V.SESHU., HCGP) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33958 WP No. 26118 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS AUTHORITY TO CONSTITUTE A COMPETENT TRIBUNAL TO CONSIDER THE APPLICATION DATED 31.12.1998 VIDE ANNEXURE-A AS PRAYED FOR AND REGULARIZE THE UNAUTHORIZED CULTIVATION OF PETITIONERS IN RESPECT OF THE LAND BEARING OLD SY.NO.156/42 NEW SY.NO.156, MEASURING 20 GUNTAS SITUATED AS S BINGIPURA DHAKALE, HULIMANGALA VILLAGE, JIGANI HOBLI-1 ANEKAL TALUK, BENGALURU URBAN DISTRICT BY REGULARIZING THE SAME IN THE FAVOUR OF THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for both the respondents. 2. The grievance of the petitioner is that he having filed an application in Form No.53 seeking regularization of unauthorized occupation of 20 Guntas of land in Survey No.156/42, New Survey No.156, situated at S.Bingipura Dhakale, Hulimangala Village, Jigni Hobli-1, Anekal Taluk, Bengaluru Urban District, on 31.12.1998, no orders have been passed on the application. - 3 - HC-KAR NC: 2025:KHC:33958 WP No. 26118 of 2025 3. Having regard to the innocuous prayer made in the writ petition, the writ petition stands disposed of with a specific direction to respondent No.2-Tahsildar, Anekal Taluk to verify from the Register as to whether the petitioner has filed such an application in Form No.53 seeking regularization of unauthorized occupation. If it is found that the petitioner has indeed filed such an application and the same is not disposed of till today, the Tahsildar shall place the application along with his recommendation before the Deputy Commissioner, who is the competent authority to consider the application in respect of properties falling within the jurisdiction of Bangalore Urban District, within a period of 4 weeks from the date of receipt of a copy of this order. Thereafter, the Deputy Commissioner shall pass necessary orders on the application as expeditiously as possible and at any rate within a period of 2 months from the date when the application would be placed before the Deputy Commissioner. - 4 - HC-KAR NC: 2025:KHC:33958 WP No. 26118 of 2025 4. It is made clear that the application shall not be rejected on the ground that the property is within the prohibited distance, having regard to the fact that the application was filed in the year 1998. The Deputy Commissioner shall follow the law laid down by this Court in the case of Ashwathappa & Ors. Vs. State of Karnataka & Ors in W.P.No.2411/2022 dated 18.02.2022. Ordered accordingly. 5. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT: JL