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2025 DAILYLAW 82023 (KAR)

SMT AKKAYAMMA v. THE STATE OF KARNATAKA

WP/23740/2025 · 2025-08-28

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33335 WP No. 23740 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 23740 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SMT. AKKAYAMMA W/O LATE VEERANNA @ ERANNA AGED ABOUT 58 YEARS, 2. SRI. KRISHNAPPA S/O LATE VEERANNA @ ERANNA AGED ABOUT 45 YEARS, 3. SRI. MAHESH S/O LATE VEERANNA @ ERANNA AGED ABOUT 40 YEARS PETITIONER NOS.1 TO 3 ARE R/AT NEAR DEVI TEMPLE NANDAGOKULANAGARA, MAHADEVAPURA, NELAMANAGALA TALUK BANGALORE RURAL DISTRICT – 562 123 4. SMT. GOWRAMMA W/O LATE VENKATACHALA AGED ABOUT 45 YEARS, R/AT NO.88A, MAHADEVAPURA KASABA HOBLI NELAMANAGALA TALUK BANGALORE RURAL DISTRICT – 562 123 5. SMT.GOWRAMMA W/O LATE SATHISH AGED ABOUT 36 YEARS, R/AT NO.46, TONACHINAKUPPE KASABA HOBLI NELAMANAGALA Digitally signed by MADHUSHREE H Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33335 WP No. 23740 of 2025 TEPPADABEGURU BANGALORE RURAL DISTRICT – 562 123 …PETITIONERS (BY SRI. RAMACHANDRA A, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT REPRESENTED BY ITS PRINICIPAL SECRETARY VIDHANA SOUDHA BANGALORE - 560 001 2. THE TAHSILDAR NELAMANAGALA TALUK, NELAMANGALA, BANGALORE RURAL DISTRICT – 562 123 3. THE TALUK LAND GRANT COMMITEE, NELAMANAGALA TALUK, NELAMANAGALA, BANGALORE RURAL DISTRICT – 562 123 …RESPONDENTS (BY SRI. V.SESHU, HCGP) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE AN ORDER, DIRECTION OR A WRIT IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION/ REQUISITION/ APPLICATION OF THE PETITIONER NOS.1 TO 3 FOR ISSUE GRANT CERTIFICATE/ SAGAVALI CHEETI VIDE ANNEXURE-A, DATED 23.11.1998 AND ANNEXURE-N DATED 21.06.2025; b) ISSUE AN ORDER, DIRECTION OR A WRIT IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION/ REQUISITION/ APPLICATION OF THE PETITIONER NOS.4 AND 5 FOR ISSUE GRANT CERTIFICATE/ SAGAVALI CHEETI VIDE ANNEXURE-B DATED 24.11.1998 AND ANNEXURE-R DATED 21.06.2025, ETC - 3 - HC-KAR NC: 2025:KHC:33335 WP No. 23740 of 2025 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 all the respondents. 2. It is the case of the petitioners that petitioners No.1 to 3 claim to be legal heirs of Late Veeranna and petitioners No.4 and 5 claim to be legal heirs of Late Narayanappa. Said deceased Veeranna had filed an application in Form No.53 seeking regularization of 1.00 Acre of land in Sy.No.44 situated at Mahadevapura Kasaba Hobli, Nelamangala Taluk and deceased Narayanappa filed an application in Form No.53 seeking regularization of 20 Guntas of land in Sy.No.42 Mahadevapura Kasaba Hobli, Nelamangala Taluk during the year 1998. However, till date no orders have been passed on the applications filed by Sri.Veeranna and Sri.Narayanappa, while the - 4 - HC-KAR NC: 2025:KHC:33335 WP No. 23740 of 2025 petitioners continue to be in possession and unauthorized occupation. 3. The prayer in the writ petition is to issue writ of mandamus directing the respondent - authorities to consider the applications filed at the hands of Late Sri.Veeranna and Late Sri.Narayanappa seeking regularization of unauthorized occupation of 1.00 Acre of land in Sy.No.44 and 20 Guntas of land in Sy.No.42 both situated at Mahadevapura Kasaba Hobli, Nelamangala Taluk. 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.2-Tahsildar was duty bound to place the applications filed by the petitioners' predecessors before the ‘Committee for Regularization of Unauthorized Occupation’ and the Committee was also duty bound to consider the applications and pass necessary orders. - 5 - HC-KAR NC: 2025:KHC:33335 WP No. 23740 of 2025 5. Consequently, the writ petition stands disposed of with a specific direction to respondent No.2-Tahsildar, Nelamangala Taluk to place the applications 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. Sd/- (R DEVDAS) JUDGE MH/- List No.: 1 Sl No.: 44