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2025 DAILYLAW 79381 (KAR)

SMT NAGARATHNMMA v. THE KARNATAKA GOVERNMENT

WP/24329/2025 · 2025-08-14

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31605 WP No. 24329 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. 24329 OF 2025 (KLR-REG) BETWEEN: SMT NAGARATHNMMA, S/O LATE RAJU AGED ABOUT 50 YEARS, R/A KORAMANAGALA VILLAGE, SOLURU HOBLI MAGADI TALUKU, RAMANAGARA DISTRICT – 562 126 …PETITIONER (BY SRI. H VENKATESHA DODDERI, ADVOCATE) AND: 1. THE KARNATAKA GOVERNMENT REPRESENTED BY THE PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S. BUILDING, BANGALORE – 560 001. 2. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA – 562 126 3. THE ASST. COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA – 562 126 4. THE TAHASILDAR TALUK OFFICE, MAGADI TALUK Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31605 WP No. 24329 of 2025 RAMANAGAR DISTRICT – 562 126 5. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED LANDS KANAKAPURA TALUK, RAMANAGARA DISTRICT – 562 126 …RESPONDENTS (BY SRI. MOHAMMED JAFFER SHAH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE OF WRIT OF MANDAMUS AGAINST THE RESPONDENT NO. 4 TAHASILDAR TO PLACE THE OF THE PETITIONER APPLICATION / ENDORSEMENT DATED 04.02.2019 AS PER ANNEXURE-A BEFORE THE 5TH RESPONDENT COMMITTEE TO CONSIDER AND TO GRANT THE LAND. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate accepts notice for all the respondents. 2. The grievance of the petitioner is that the application filed in Form No.53 seeking regularization of unauthorised occupation of 2 acres of land in Survey No.17 of Koramangala Village, Soluru Hobli, Magadi Taluk, - 3 - HC-KAR NC: 2025:KHC:31605 WP No. 24329 of 2025 Ramangara District on 04.02.2019, has not been considered till date. Therefore, the prayer in the petition is to direct the respondents to consider the said application and till consideration, direct the respondents not to interfere with the peaceful possession and enjoyment of the petition schedule property. 3. Having regard to the contentions raised in the writ petition and submission of the learned Counsel for the petitioner, this Court is of the considered opinion that respondent No.4-Tahsildar was duty bound to place the application filed by the petitioner before respondent No.5, ‘Committee for Regularization of Unauthorized Occupation’ and the Committee was also duty bound to consider the application and pass necessary orders. That exercise not having been taken by the respondent authorities, the respondents cannot evict the petitioner without consideration of the application of the petitioner. 4. Consequently, the writ petition stands disposed of with a specific direction to respondent No.4-Tahsildar, - 4 - HC-KAR NC: 2025:KHC:31605 WP No. 24329 of 2025 Magadi Taluk, to verify from the records as to whether such an application filed by the petitioner in the year 2019, is pending consideration. If it is found that such an application was indeed filed by the petitioner and the application is yet to be considered, the respondent- Tahsildar is directed to place before respondent No.5- Committee, the application along with his recommendation within a period of two months from the date of receipt of a copy of this order. Thereafter, respondent No.5- Committee shall consider the application and pass necessary orders in accordance with law as expeditiously as possible and at any rate within a period of two months thereafter. 5. Needless to observe that till the application of the petitioner is disposed of in terms of the directions issued by this Court, the possession of the petitioner in respect of the petition schedule property shall not be disturbed. Ordered accordingly. - 5 - HC-KAR NC: 2025:KHC:31605 WP No. 24329 of 2025 6. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE JT/- CT: UR