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2025 DAILYLAW 78945 (KAR)

SMT. JAYASHRI v. THE TAHASILDAR

WP/24443/2025 · 2025-08-14

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31575 WP No. 24443 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 24443 OF 2025 (KLR-RES) BETWEEN: 1. SMT. JAYASHRI W/O LATE BHARAMAPPA, AGED ABOUT 56 YEARS, R/A 1081, 5TH CROSS, VENKOBHOVI COLONY, DAVANAGARE - 577 001. 2. KIRAN KUMAR, S/O BHARAMAPPA, AGED ABOUT 34 YEARS, R/A 1081, 5TH CROSS, VENKOBHOVI COLONY, DAVANAGARE - 577 001. 3. SMT. ARCHANA NARAGUND, W/O NAVEEN, AGED ABOUT 37 YEARS, R/A GOPALANKOPPA, SIDDARAMA NAGAR, DHARWAD - 580 023. 4. ARUN KUMAR B. D/O LATE BHARAMAPPA, AGED ABOUT 35 YEARS, R/A NO. 1081, 1ST MAIN, 1ST CROSS, BUDAL ROAD, KUMBARA PETE, DUGGAMMA TEMPLE, DAVANAGERE - 577 001 …PETITIONERS (BY SRI. SRIKANTH N.V, ADVOCATE) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31575 WP No. 24443 of 2025 AND: 1. THE TAHASILDAR *NYAMATHI TALUK - 577 001. 2. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION, DAVANAGERE - 577 002, REPRESENTED BY TAHASILDAR. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO I) ISSUE WRIT OF MANDAMUS OR DIRECTION DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATIONS DATED 24.07.2025 AS PER ANNEXURE-A 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 takes notice for all the respondents. 2. Learned Counsel for the petitioners submits that the petitioners have filed applications in Form No.57 all dated 18.05.2023 as can be seen from Annexures- B to B3, which are the copies of the Online applications seeking regularization of unauthorized occupation. However, till *Corrected vide Court Order dated 23.10.2025 - 3 - HC-KAR NC: 2025:KHC:31575 WP No. 24443 of 2025 date no orders have been passed on the applications filed by the petitioners and they have filed a representation dated 24.07.2025 to consider their applications vide Annexure-A. 3. The prayer in the writ petition is to issue a writ of mandamus directing the respondent-authorities to consider the representation filed at the hands of the petitioners seeking regularization of unauthorized occupation of 24 acres of land in Sy.No.17 of Naraginakere Village, Nyamathi Hobli and Taluk, Davanagere District. 4. Having regard to the contentions raised in the writ petition and submission of the learned Counsel for the petitioners, this Court is of the considered opinion that respondent No.1-Tahsildar was duty bound to place the application filed by the petitioners before the ‘Committee for Regularization of Unauthorized Occupation’ and the Committee was also duty bound to consider the application and pass necessary orders. - 4 - HC-KAR NC: 2025:KHC:31575 WP No. 24443 of 2025 5. Consequently, the writ petition stands disposed of with a specific direction to respondent-Tahsildar to place the applications of the petitioners before the Committee within a period of two months from the date of receipt of a certified copy of this order. The Committee thereafter shall consider the applications and pass necessary orders as expeditiously as possible. Ordered accordingly. 6. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE BSV CT: BHK