IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.15681/2018(KLR-REG) BETWEEN GANGADHARAIAH S/O LATE BASAVALINGAPPA AGED ABOUT 68 YEARS, R/A BAHUJANA HALLI HALADODDERI POST-572128 KORA HOBLI TUMKUR TALUK AND DISTRICT ... PETITIONER (BY SRI M C BASAVARAJU, ADVOCATE) AND 1. THE SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING, Dr. AMBEDKAR VEEDI BANGALORE-560 001 2. THE DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR-572 101 3. THE TAHASHILDAR TUMKUR TALUK MINI VIDHANA SOUDHA TUMKUR DISTRICT-572 102 4. THE CHAIRMAN THE COMMITTEE FOR REGULARISATION OF UNAUTHORIZED OCCUPATION OF GOVERNMENT LANDS MINI VIDHANA SOUDHA TUMKUR TALUK TUMKUR-572 101 ... 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 3RD RESPONDENT TO PLACE THE APPLICATION THROUGH FORM No.53 FILED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT COMMITTEE FOR THE REGULARIZATION OF UNAUTHORIZED OCCUPATION OF HIS LAND BEARING SY.No.10, MEASURING 2 ACRES, 30 GUNTAS, SITUATED AT BAHUJANA HALLI, HALADODDERI POST, KORA HOBLI, TUMKUR TALUK AND DISTRICT AND ISSUE NECESSARY RECORDS IN FAVOUR OF THE PETITIONER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE.
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 the respondents.
2. The petitioner has sought for issue of writ of mandamus directing the third respondent – Tahasildar, Tumakuru Taluk, to place his application in Form No.53 before the fourth respondent – Committee for Regularization of unauthorized occupation of Government lands, in respect of the land bearing Sy. No.10 measuring 02 Acres 30 guntas situate at Bahujana Halli, Haladodderi post, Kora hobli, Tumakuru Taluk and District and issue necessary records in his favour.
3. Petitioner is said to be in unauthorized occupation of the land measuring to an extent of 02 Acres 30 guntas in Sy. No.10 situate in the said Bahujana Halli. It is stated that the petitioner has filed an application in Form No.53 before the third respondent on 21.12.1998 seeking regularization of his unauthorized occupation in respect of the said land as provided under Section 94A of the Karnataka Land Revenue Act, 1961 (for short, ‘the Act’). Copy of the said application filed by the petitioner and copy of endorsement dated 21.12.1989 issued by the office of Tahasildar for having received the same are produced vide Annexures ‘A’ and ‘B’ to the petition. The grievance of the petitioner is that the third respondent has not taken any action on his application till date.
4. Heard learned counsel for the petitioner and learned Additional Government Advocate appearing for the respondents. Perused the material on record 5. On going through the records, this Court find that no justifiable grounds are made out to give direction as sought by the petitioner. No direction is required to be issued in this proceedings. However, if the application of the petitioner is in order and if he is entitled to grant of the aforesaid land, it is open for the respondent - authorities to consider and decide the same in accordance with law.
6. Accordingly, this Writ Petition is dismissed.
7. Learned Additional Government Advocate is directed to file his memo of appearance within two weeks from today.
Sd/- JUDGE sma