IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.29315/2018(KLR/RES) BETWEEN BHASKAR. T S/O THIMMEGOWDA, OCC:AGRICULTURE, R/O MALLENAHALLI, YADAVANHALLI POST, GANDASI TALUK, ARISKERE DIST : HASSAN-591131 ... PETITIONER (BY SRI NANDISH PATIL, ADVOCATE)
(BY SRI VENKATESH DODDERI, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION DATED 18.06.2018 VIDE ANNEXURE-B FOR ISSUANCE OF SAGUVALI CHIT IN FAVOUR OF PETITIONER WITH RESPECT TO LAND BEARING SURVEY NO.1 MEASURING 3 ACRES SITUATED AT MALLENAHALLI VILLAGE, GANDASI, ARSIKERE TALUK, HASSAN DISTRICT BELONGING TO THE PETITIONER AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER On 26.2.2019 this Court had directed the Tahsildar of Arasikere Taluk, Hassan District, to appear before this Court and to furnish the information sought in said order. Accordingly, Sri.Santhosh Kumar M.G, Tahsildar of Arasikere Taluk, is present before this Court. He has filed an affidavit running to 6 pages along with several documents appended thereto. The same would indicate that though the petitioner herein has filed an application seeking regularization of his unauthorized cultivation in Sy.No.1 of Mallenahalli village, Gandasi Hobli, Arasikere Taluk, it is a private land and not a Government land.
2. The Tahsildar would submit that the petitioner is actually in possession of Sy.No.1 of Rangapura Kaval village, which is reserved land for the use of Amruth Mahal Kaval breed situated in Rangapura village. According to him, the said land cannot be considered for grant unless a special order is passed by the Government approving the same. He would also state that copy of extract of the Register of Applications for Regularization of Unauthorized Occupations of Land, Arasikere, at Annexure-C, is erroneous, which is recorded by one of the Junior Officer working in the Arasikere Taluk, in as much as in Official Memorandum bearing No.NCR.DR.14/2000-01 the grant is considered only for 3 persons namely, T.Ramegowda, K.Thimmaiah and Ananda Kumar, whose names are at Sl.Nos.1193, 1994 and 1995 in Annexure-C filed by the petitioner. So far as the application of the petitioner is considered, the same is not allowed and no order of grant is made. However, he would submit that he would place the application of the petitioner for regularization before the Committee and it is for the Committee to take an appropriate decision after securing necessary orders from the Government to consider grant of land in Sy.No.1 of Rangapura Kaval village in favour of the petitioner.
3. The submission of Tahsildar, Arasikere, is accepted and the memo filed by him through learned Additional Government Advocate is taken on record.
4. Accordingly, this writ petition is disposed of with a direction to the Tahsildar of Arasikere to place the petitioner’s application before the Committee for Regularization of Unauthorized Cultivation immediately after the same is reconstituted.
5. The original records which were brought to this Court for its perusal is returned to the learned Additional Government Advocate to be returned to the concerned officer.
Sd/- JUDGE nd/-