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2025 DAILYLAW 91051 (KAR)

SRI. SRI. VAMAN SALIAN, v. STATE OF KARNATAKA

WP/23581/2024 · 2025-09-11

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35957 WP No. 23581 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 23581 OF 2024 (KLR-RES) BETWEEN: SRI. SRI. VAMAN SALIAN, S/O. LATE NARVA KANCHAN, AGED ABOUT 80 YEARS, K.G. ROAD, MAVINAKUDRU, THENKABETTU POST, UPPOOR VILLAGE, BRAHMAVARA TALUK, UDUPI DISTRICT – 576 104. …PETITIONER (BY SRI. MAHANTESH.T.S, ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDING, DR. B. R. AMBEDKAR ROAD, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. 2. THE SPECIAL TAHASILDAR BRAHMAVARA TALUK, BRAHMAVARA, UDUPI DISTRICT – 576 104. 3. THE TAHASILDAR BRAMHAVARA TALUK, UDUPI DISTRICT. 4. THE ASSISTANT COMMISSIONER KUNDAPURA SUB DIVISION, KUNDAPURA, UDUPI DISTRICT. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35957 WP No. 23581 of 2024 5. THE DEPUTY COMMISSIONER UDUPI DISTRICT, RAJATHADRI, MANIPALA, UDUPI-576 104. 6. THE SECRETARY THE COMMITTEE FOR REGULARIZING UNAUTHORIZED CULTIVATION, BRAHMAVARA TALUK, UDUPI DISTRICT – 576 104. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 AND R3 TO ISSUE GRANT CERTIFICATE IN FAVOUR OF THE PETITIONER IN RESPECT OF 78 CENTS OF LAND IN SY. NO. 221/1P1P1 OF UPPOR VILLAGE, BRMHAVARA TALUK, UDUPI DISTRICT PURUSANCE OF THE DECISION TAKEN BY THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZATION CULTIVATION DATED 10.10.2020. 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 takes notice for all the respondents. 2. It is the grievance of the petitioner that his application filed in Form No.50 in the year 1991 seeking regularization of unauthorised occupation of 78 cents land in Sy.No.221/1P1P1 of Uppor Village, Brahmavara Taluk, - 3 - HC-KAR NC: 2025:KHC:35957 WP No. 23581 of 2024 has not been considered till date. It is submitted that the application filed by several other persons during the same period has been considered and grants has been made in their favour. 3. The prayer in the writ petition is to issue writ of mandamus directing the respondent-authorities to consider the aforesaid application filed at the hands of the petitioner. 4. 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 Nos.2 and 3-Tahsildars were duty bound to place the application filed by the petitioner before respondent No.6 - ‘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:35957 WP No. 23581 of 2024 5. Consequently, the writ petition stands disposed of with a specific direction to respondent Nos.2 and 3- Tahsildars, Brahmavara Taluk to place the application of the petitioner before respondent No.6 - 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 application and pass necessary orders as expeditiously as possible. Ordered accordingly. 6. It is needless to observe that till the application is considered or an endorsement is issued to the petitioner, no precipitative action shall be taken against the petitioner for dispossession of the land in question. 7. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE BMC/ List No.: 1 Sl No.: 21