IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.35500/2017(KLR-LG) BETWEEN MR.C.K.CARIAPPA, S/O KUTTAPPA.C.K, AGED ABOUT 60 YEARS, R/AT NEMMALE VILLAGE, SRIMANGALA HOBLI, VIRAJPET TALUK, KODAGU DISTRICT – 571 218 …PETITIONER (BY SMT.LEELA P. DEVADIGA FOR SRI A.K.SUBBAIAH, ADVOCATES) AND :
1. THE STATE OF KARNATAKA, BY ITS PRL. SECRETARY DEPT. OF REVENUE M.S.BUILDING, BANGALORE – 560 001 2. THE DEPUTY COMMISSIONER KODAGU DISTRICT, MADIKERI -571 217 3. THE TAHSILDAR VIRAJPET TALUK KODAGU DISTRICT – 571 218 …RESPONDENTS (BY SRI T.S.MAHANTESH, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.2 AND 3 TO CONSIDER THE APPLICATION OF THE PETITIONER HEREIN SEEKING LAND GRANT WHICH IS REGISTERED IN THE OFFICE OF 3RD RESPONDENT AS EVIDENCED IN THE ANNEXURE-C AND PASS APPROPRIATE ORDER IN ACCORDANCE WITH LAW GRANTING THE LANDS IN QUESTION IN FAVOUR OF THE PETITIONER HEREIN AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein is seeking a direction to respondents 2 and 3 to consider his application for regularization of certain extent of land in Sy.No.1/1 of West Nemmale village, Shrimangala Hobli, Virajpet Taluk, Kodagu District.
2. When this matter is taken up for consideration today, the learned Additional Government Advocate would submit that he has instructions form the authorities to show that the petitioner is already in possession of 4 acres 73 cents situated at West Nemmale village, Srimangala Hobli, Virajpet Taluk, Kodagu District, which is standing in his name. He has also produced RTC extracts to the said effect along with a memo.
3. In that view of the matter, this Court is of the opinion that when sufficient land is already available at the hands of the petitioner, question of considering grant of land as prayed for in this writ petition by the petitioner does not arise, hence, nothing survives for consideration in this writ petition.
4. Accordingly, by taking the RTC extracts produced along with the memo on record, this writ petition is dismissed.
Learned Additional Government Advocate is permitted to file memo of appearance within two weeks from today.
Sd/- JUDGE nd/-