IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.No.35967/2017 (KLR-REG) BETWEEN SMT BHAVYA W/O SRI MNIRAJU, R/AT NERALURU VILLAGE, ATTIBELE HOBLI, ANEKAL TLAUK, BANGALORE RURAL DISTRICT 562106. ... PETITIONER (By Sri NARASIMHARAJU, ADV.) AND 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING, BANGALORE 560001.
2. THE LAND GRANT COMMITTEE, ANEKAL TALUK, ANEKAL, BANGALORE RURAL DISTRICT.
3. THE TAHSILDAR, ANEKAL TALUK, ANEKAL, BANGALORE RURAL DISTRICT 4. THE PANCHAYATH DEVELOPMENT OFFICER (PDO) NERALURU, ANEKAL TALUK, ANEKAL, BANGALORE RURAL DISTRICT. ... RESPONDENTS (By Smt.PRAMODINI KISHAN, AGA FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 AND 3 TO CONSIDER THE APPLICATION DTD.12.1.2017 FOR REGULARIZATION OF DWELLING HOUSE IN HER OCCUPIED AREA IN RESPECT OF THE SCHEDULE PROPERTY IN SY.NO.89 OF NERALURU VILLAGE AS PER ANNEX-E AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Petitioner is seeking a direction against respondents 2 and 3 to consider the application filed by him seeking regularisation of his dwelling house constructed in Sy. No.
89 of Neraluru Village, Attibele Hobli, Bangalore Rural District. Petitioner has produced copy of application filed on 12.01.2017 at Annexure-E. Said application is filed in prescribed form.
2. Grievance made by petitioner is that though application was filed on 12.01.2017 as per the provisions contained under Section 94C of the Karnataka Land Revenue Act, 1964, same has not been so far considered.
3. Learned Additional Government Advocate who has taken notice for respondents 1 to 3 submits that if application was filed in order, same would be considered in accordance with law if six months time was granted.
4. In the light of the above submission made by learned Additional Government Advocate, this writ petition is disposed of. A direction is issued to 3rd respondent – Tahsildar, Anekal Taluk, Bangalore Rural District, to consider the application filed by petitioner on 12.01.2017 in accordance with law within a period of six months from the date of receipt of a copy of this order.
If respondent No.4 - Panchayat Development Officer of Neraluru Village in Anekal Taluk has any interest in the matter he may also to be heard. Therefore, issuance of notice of this writ petition to respondent No.4 being unnecessary is dispensed with.
Learned Additional Government Advocate is permitted to file memo of appearance within three weeks from today.
Sd/- JUDGE VP