IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.55435/2018(KLR-REG) BETWEEN SMT.AMBIKA W/O KALAPPA ACHAR AGED ABOUT 30 YEARS R/O BETTEGERE VILLAGE SRINGERI TALUK – 577 139 CHICKMAGALORE DISTRICT …PETITIONER (BY SRI JAGADEESH.D.C, ADVOCATE) AND :
1. THE DEPUTY COMMISSIONER CHICKMAGALORE DISTRICT CHICKMAGALORE – 577 101 2. THE TAHSILDAR SRINGERI TALUK SRINGERI – 577 139 CHICKMAGALORE DISTRICT …RESPONDENTS (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION FILED BY THE PETITIONER UNDER SECTION 94(C) OF THE KARNATAKA LAND REVENUE ACT FOR GRANT / REGULARIZATION OF THE CONSTRUCTION OF DWELLING HOUSE MADE IN AN EXTENT OF 30x40 FEET ON SITE MEASURING 40x60 IN SY.No.49 OF BETTAGERE VILLAGE, SRINGERI, CHICKMAGALUR DISTRICT AND BOUNDED ON EAST BY PLANTATION, WEST BY SITE OF RADHA, NORTH BY PLANTATION AND SOUTH BY SITE OF NAGESH, VIDE ANNEXURES-C AND C1 AND D IN ACCORDANCE WITH LAW AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Additional Government Advocate takes notice for respondent Nos.1 and 2.
2. Petitioner herein is seeking direction in the nature of mandamus directing the respondents to consider the application filed by her under Section 94-C of the Karnataka Land Revenue Act, 1964, for regularization of house constructed in an extent of 30 feet x 40 feet on site measuring 40 feet x 60 feet in Sy. No.49 situate in Bettagere village, Sringeri Taluk, Chickmagalur District.
3. The petitioner is said to be in unauthorized occupation of site measuring 40 feet x 60 feet formed in the aforesaid Sy. No.49, which is a Government land. It is stated that she has constructed a dwelling house in an extent of 30 feet x 40 feet on the said site and herself and her family members are residing in the said house. Petitioner has produced photograph of the house constructed by her as per Annexure ‘B’ to the petition and copy of the application (bearing No.1701011400091) filed by her in Form No.3A under Rule 108-Q of the Karnataka Land Revenue Rules, 1966, seeking regularization of unauthorized construction as per Annexure ‘C’ to the petition.
4. Heard the learned counsel for the petitioner and learned Additional Government for respondents. Perused the material on record.
5. The second respondent – Tahasildar, Sringeri Taluk, who is the competent authority, shall look into the said application of the petitioner and pass appropriate orders in accordance with law within eight weeks from the date of receipt of certified copy of this order. Till such time, he shall not disturb the possession of the petitioner in respect of the said property.
6. Accordingly, this writ petition is disposed of.
7. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma