MAHMADAHUSEN S/O SAYYADASAB KADARAMANDALAGI v. THE STATE OF KARNATAKA
WP/106639/2023 · 2025-01-27
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7696 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7696 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:1531 WP No. 106639 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106639 OF 2023 (KLR-REG) BETWEEN: MAHMADAHUSEN S/O. SAYYADASAB KADARAMANDALAGI, AGE: 35 YEARS, OCC: AGRICULTURE, R/O. KANAVALLI VILLAGE, TAL: HAVERI, DIST: HAVERI-581113. …PETITIONER (BY SMT. SARVAMANGALA CHIKKANAGOUDAR, SRI. PRAKASH R. BADIGER AND SRI. M.R. HIREMATHAD, ADVOCATES)
AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001.
2.
THE DEPUTY COMMISSIONER, HAVERI DISTRICT, HAVERI-581113.
3.
THE ASSISTANT COMMISSIONER, TQ: HAVERI, DIST: HAVERI-581113.
4.
THE TAHASILDAR, HAVERI, TQ: HAVERI, DIST: HAVERI-581113.
5.
FOREST RANGE OFFICER, HAVERI TALUK, HAVERI DISTRICT, HAVERI-581113.
6.
THE REGULARIZATION COMMITTEE, REPRESENTED BY ITS CHAIRMAN, HAVERI TALUK AND DISTRICT: HAVERI-581110. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R6)
GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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NC: 2025:KHC-D:1531 WP No. 106639 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR DIRECTION TO RESPONDENTS OR CONCERNED AUTHORITIES TO CONSIDER THE APPLICATION/REPRESENTATION BY WAY OF FORM NO.57 MADE BY THE PETITIONER VIDE ANNEXURE-D TO D2 ACKNOWLEDGMENT BEARING NO. BHM398ID6115D194 DATED 20.02.2023; ISSUE WRIT OF MANDAMUS OR DIRECTION TO THE RESPONDENTS NO.2 TO 5 TO NOT TO TAKE ANY ACTION/OR NOT DISPOSSESS OR DO ANY ACT TILL DISPOSAL OF FORM NO.57 FILED BY THE PETITIONER FOR REGULARIZATION OF LAND IN SY.NO.310 OF KANVALLI VILLAGE OF HAVERI TALLUK AND DISTRICT AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the following reliefs: a) Issue a writ of mandamus or direction to respondents or concerned authorities to consider the application/representation by way of Form No.57 made by the petitioner vide Annexure-D to D2 acknowledgment bearing No. BHM398ID6115d194 dated 20.02.2023.
b) Issue Writ of mandamus or direction to the respondents no.2 to 5 to not to take any action/or not dispossess or do any act till disposal of Form No.57 filed by the petitioner for regularization of land in Sy.No.310 of Kanvalli Village of Haveri Talluk and District.
c) Grant any such other reliefs this Hon’ble Court deems fit in the case on hand, in the ends of justice.
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NC: 2025:KHC-D:1531 WP No. 106639 of 2023
2. The grievance of the petitioner is that the application filed by the petitioner for regularization submitted in terms of Form 57 at Annexures-D to D2 dated 20.02.2023 has not been considered and orders passed by respondent No.4.
3. Whenever any application for regularisation is submitted under Form Nos.50, 53 or 57, the same is required to be considered and necessary orders passed either allowing the regularization or rejecting the same within a reasonable period of time. It is needless to say that, if the order is of rejection, the same would have to be accompanied by necessary reasons. Neither of them having been done in the present case. Hence, I pass the following :
ORDER (i) Writ petition is allowed. (ii) Writ of mandamus is issued directing respondent No.2 to consider the application/representation of petitioner
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NC: 2025:KHC-D:1531 WP No. 106639 of 2023
submitted in Form No.57 at Annexures-D to D2 within 90 days from date of receipt of a copy of this order, in accordance with law.
Sd/- (SURAJ GOVINDARAJ) JUDGE
gab CT-MCK List No.: 1 Sl No.: 29