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2025 DAILYLAW 77382 (KAR)

SMT. SAKAMMA v. THE STATE OF KARNATAKA

WP/18820/2024 · 2025-10-09

K S Hemalekha

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:40053 WP No. 18820 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.18820 OF 2024 (LA-RES) BETWEEN: SMT. SAKAMMA W/O NARAYANAPPA, AGED ABOUT 67 YEARS, TALAGAVARA VILLAGE, KAIWARA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563128. …PETITIONER (BY SRI PRASANNA D.P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPT. OF REVENUE, VIDHANA SOUDHA, BANGALORE560001. 2. THE DEPUTY COMMISSIONER, CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR-562101. 3. THE TAHSILDHAR, CHINTAMANI TALUK, CHINTAMANI-563125. …RESPONDENTS (BY SRI HARISHA A.S., ADDL. GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATIONS OF THE Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40053 WP No. 18820 of 2024 PETITIONER DATED 18.04.2024, AS PER ANNEXURE-D EXPEDITIOUSLY AS POSSIBLE. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner is seeking a direction in the nature of mandamus to respondent No.3 to consider the representation of the petitioner dated 18.04.2024 at Annexure-D, wherein the petitioner has sought consideration of her application for regularization of cultivation in Sy. No.40, measuring 24 guntas, situated at Mallikapura Village, Kaivara Hobli, Chintamani Taluk, Chikkballapura District. 2. It is submitted that the petitioner had originally filed an application for regularization of unauthorized occupation on 01.03.1998. In W.P. No.18682/2023 and connected matters, this Court, while dealing with similar applications, has issued certain directions at paragraph Nos.3 and 4, which is extracted below for ready reference: - 3 - HC-KAR NC: 2025:KHC:40053 WP No. 18820 of 2024 "3. Noticed the order passed in W.P.No.13781/2023 and connected matters. The relevant observations made in W.P. No.13781/2023 at paragraph No.3(i) to 3(iii) reads as hereunder: "i. The Principal Secretary, Revenue Department is directed to take necessary steps to have the necessary Committees constituted in the State on or before 15.12.2023 for considering the applications filed for regularization of unauthorized occupation and cultivation. ii. The Committees to be so formed are directed to consider the applications filed by the petitioners herein within a period of six months from the date of their constitution and pass appropriate orders. iii. The writ petitions are accordingly, allowed." 4. In light of the same, present petition is also required to be disposed off. If the Committee is constituted in terms of the direction (i) extracted above, Form-57 filed by the petitioner is to be disposed off in terms of the direction (ii) extracted above. Needless to state that respondents are - 4 - HC-KAR NC: 2025:KHC:40053 WP No. 18820 of 2024 entitled to take note of all records and circulars etc. while considering the claim and the direction is limited only to consideration and consideration would be obviously in terms of law.” 3. In view of the above direction, the present writ petition is also stands on the same footing and requires to be disposed of in similar terms. Accordingly, this writ petition is disposed of with the following directions: i. The application of the petitioner shall be placed before the Committee constituted pursuant to the order passed in W.P.No.18682/2023. ii. The said committee shall consider and dispose of the application within three months from the date of receipt of the copy of this order in terms of the direction at paragraph No.3 (ii) of the extracted order above. - 5 - HC-KAR NC: 2025:KHC:40053 WP No. 18820 of 2024 iii. It is made clear that the respondents are at liberty to examine all relevant records and satisfy regarding the correctness of the same. Sd/- ______________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 57