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2025 DAILYLAW 84964 (KAR)

KRISHNA S/O NAGAPPA NAIK v. THE ASSISTANT COMMISSIONER

WP/105617/2025 · 2025-10-31

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14847 WP No. 105617 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105617 OF 2025 (KLR-RES) BETWEEN: 1. KRISHNA S/O NAGAPPA NAIK, AGE. 55 YEARS, OCC. EX-SERVICEMAN, R/O. ASARKERI, V.T. ROAD, SUSGADI-581 320, H.NO.III/1526/2, TQ. BHATKAL, DIST .UTTAR KANNADA. 2. ISWAR S/O. KRISHNA NAIK, AGE. 42 YEARS, OCC. AGRICULTURE WORK, R/O. ASERKERI, V.T. ROAD-581 320, TQ. BHATKAL, DIST .UTTAR KANNADA. … PETITIONERS (BY SRI. D.J. NAIK, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER, BHATKAL, TQ. BHATKAL-581 320, DIST. UTTAR KANNADA. 2. TAHASILDAR, BHATKAL-581 320, TQ. BHATKAL, DIST. UTTAR KANNADA. 3. CHAIRMAN, REGULARIZATION COMMITTEE, BHATKA, THASILDAR IS THE SECRETARY OF THE COMMITTEE. … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER REPRESENTATION DATED 19-01-1999 FILED BEFORE RESPONDENT NO.2 VIDE ANNEXURE-A AND THE TAHASILDAR MAY FORWARD THE APPLICATION AND CONSIDER THE SAME. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14847 WP No. 105617 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioners seeking a writ of mandamus directing the respondents to consider the petitioners’ application for regularization of unauthorized occupation. The representation dated 19.01.1999 is produced at Annexure-A. 2. In addition to that, learned counsel for the petitioners has also produced a copy of the application in Form No.57 submitted on 05.10.2023. The said application produced along with the memo is taken on record. The respondents shall consider the same in accordance with law. 3. If the application is required to be placed before the appropriate committee, Tahasildar shall forward the same to such committee constituted under Section 94(A) of the Karnataka Land Revenue Act, 19641, for necessary consideration. 1 Hereinafter referred to as the ‘Act of 1964’ - 3 - HC-KAR NC: 2025:KHC-D:14847 WP No. 105617 of 2025 4. The entire exercise shall be completed within three months from the date of receipt of a certified copy of this order. 5. Learned counsel for the petitioners is permitted to implead committee constituted under Section 94(A) of Act of 1964, as a party to the proceedings. 6. With these observations, the writ petition stands disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 33