IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.23511/2018 (KLR-REG) BETWEEN:
CHANDRAPPA M S/O KENCHAPPA M, AGED ABOUT 48 YEARS, R/AT CHATNAHALLI VILLAGE, BELAGUTTI HOBLI, HONNALI TALUK, DAVANAGERE DISTRICT.
(BY SRI P M SIDDAMALLAPPA, ADV.) AND:
1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, M.S.BUILDING, VIDHANA VEEDI, BENGALURU-560 001.
2. THE LAND GRANT COMMITTEE DAVANAGERE DISTRICT, DAVANAGERE-57212.
3. THE TAHSILDAR HONNALI TALUK, DAVANAGERE-57212.
(BY SRI VENKATESH DODDERI, AGA.) ... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 AND 3 TO CONSIDER THE APPLICATION FORM NO. 53 SEEKING REGULARISATION OF HER UNAUTHORISED CULTIVATION OF THE GOMAL LAND BEARING SY. NO. 46 OF CHATNAHALLI VILLAGE, BELAGUTTI HOBLI, HONNALI TALUK, DAVANAGERE DISTRICT AS PER THE ENDORSEMENT DATED 15.12.1998 VIDE ANNEX-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER This writ petition is filed seeking direction to the 2nd and 3rd Respondents to consider the application of the petitioner filed in Form No.53 for regularlisation of her unauthorized occupation in the land bearing Sy.No.46 of Chatnalli village, Belgutti hobli, Honnali Taluk, Davangere District.
2. A Memo is filed by the learned AGA along with a copy of the communication dated 08.06.2018 received from the Tahsildar, Hassan District, wherein, it is stated that there is no reference to any application being filed in the name of the petitioner on 15.12.1998 in Form No.53 and he would also state that even otherwise applications cannot be considered now in view of the Committee not being constituted by the Government.
3. In the aforesaid facts and circumstances of the case, it is hereby directed that the authorities concerned to consider the application of the petitioner in accordance with law if the same is filed by him, otherwise send necessary endorsement to the petitioner regarding non-availability of application within a period of one month from the date of receipt of a copy of this order.
No costs.
Learned AGA to file Memo of Appearance within two weeks from today.
Sd/-
JUDGE Srl.