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2025 DAILYLAW 84718 (KAR)

SRI. WAZIRSAB v. THE STATE OF KARNATAKA

WP/103687/2025 · 2025-08-20

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10558 WP No. 103687 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.103687 OF 2025 (KLR-RES) BETWEEN: SRI. WAZIRSAB S/O. BUDANSAB DAVANGERI AGED ABOUT 71 YEARS, OCC. AGRICULTURE, R/O. KALKERI VILLAGE, TALUK. HANAGAL, DIST. HAVERI 581120. …PETITIONER (BY SHRI MANE SANTOSH BHIMARAO, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPT. OF REVENUE, M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, HAVERI, DISTRICT HAVERI-581110. 3. THE ASSISTANT COMMISSIONER, SAVANUR, DIST. HAVERI-581104. 4. THE TASHILDAR, HANGAL, HAVERI DIST.-581104. 5. THE COMMITTEE FOR REGULARISATION OF UNAUTHORIZED OCCUPATION, REPRESENTED BY ITS SECRETARY, HANAGAL TALUK, DIST. HAVERI 581104. …RESPONDENTS (BY SRI. SAHRAD V.MAGADUM., AGA) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10558 WP No. 103687 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.4 TO CONSIDER THE CASE OF THE PETITIONER FOR REGULARIZATION IN RESPECT OF LAND MEASURING 1-28 ACRES OF THE GOVERNMENT LAND BEARING SY NO.53/A1/1 IN TERMS OF THE ORDERS PASSED THIS HON BLE COURT IN WP NO.100700/2021 VIDE ANNEXURE-K. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Government Advocate accepts notice for respondents No.1 to 5. 2. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ in the nature of mandamus directing the respondent No.4 to consider the case of the petitioner for regularization in respect of land measuring 1-28 acres of the Government land bearing Sy.No.53/A1/1 in terms of the orders passed this Hon’ble Court in WP No.100700/2021 vide Annexure-K. ii. Grant any other relief/s deemed fit in the facts and circumstances of the case, in the interest of justice and equity. 3. The petitioner, claiming to be an unauthorised occupier and cultivator of the land in Sy.No.53 of Kalkeri Village, Hanagal Taluk, Haveri District, had - 3 - HC-KAR NC: 2025:KHC-D:10558 WP No. 103687 of 2025 filed an application for the regularisation of his unauthorised occupation. Once earlier, the petitioner had approached this Court, when this Court vide order dated 09.12.2021 in W.P.No.100700/2021, had directed the respondents to consider the representation, if submitted by the petitioner. Despite the same, no action has been taken, and the petitioner is once again before this Court seeking similar relief, this time on the ground that the application is still pending consideration, as per the endorsement issued by the respondents. 4. Whenever an application for regularisation is submitted, either in terms of Form Nos.50, 53, 54, under Section 94 of the Karnataka Land Revenue Act, it would be required for the concerned jurisdictional officers to pass necessary orders on the said application within a reasonable period of - 4 - HC-KAR NC: 2025:KHC-D:10558 WP No. 103687 of 2025 time. The same not having been done, I pass the following: ORDER i. Writ petition is allowed. ii. A mandamus is issued directing respondent No.4 to consider the representation of the petitioner, if submitted, within a period of eight weeks from the date of receipt of a certified copy of this order. SD/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 2 Sl No.: 11