IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.13258/2018(KLR-RES) BETWEEN SMT. K. B. VEENA WIFE OF SRINIVASA H V AGED ABOUT 35 YEARS, RESIDING AT #1412, APOORVA HOTEL ROAD, NEAR MISHAN HOSPITAL NORTHERN EXTENSION HASSAN-573 201 ... PETITIONER (BY SRI P M SIDDAMALLAPPA, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE M S BUILDING, VIDHANA VEEDI BENGALURU-560001 2. THE LAND GRANT COMMITTEE HASSAN DISTRICT HASSAN-573201 BY ITS SECRETARY 3. THE TAHSILDAR HASSAN TALUK HASSAN-573201 ... RESPONDENTS (BY SRI H.VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND AND 3RD RESPONDENTS TO CONSIDER THE APPLICATION FORM No.53 SEEKING REGULARIZATION OF HER UNAUTHORIZED CULTIVATION OF THE LAND MEASURING 04 ACRES IN SY.No.94 OF SEEGEGUDDA KAVAL VILLAGE, SALAGAME HOBLI, HASSAN TALUK, HASSAN DISTRICT, AS PER ANNEXURES-A AND B.
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 said to be the widow of Sri H.V. Srinivasa, is seeking issue of a writ of mandamus directing the second and third respondents, namely, the Land Grant Committee, Hassan District, represented by its Secretary, and Tahasildar, Hassan Taluk, to consider her application in Form No.53, copy of which is at Annexure ‘A’ to the petition, for regularization of her unauthorized cultivation of the land measuring to an extent of 04 Acres in Sy. No.94 situate in Seegegudda kaval village, SalagameHobli, Hassan Taluk, Hassan District.
3. It is the case of the petitioner that her husband, Sri H.V.Srinivasa, was an agricultural coolie. Her husband during his lifetime was cultivating the land in question and after his death, she continued to cultivate the same. Subsequently, she filed an application in Form No.53 seeking regularization of her unauthorized cultivation and possession in respect of the said land.
4. Heard the learned counsel for the petitioner.
Perused the material on record.
5. Petitioner is seeking direction to respondent Nos.2 and 3 to consider her application in Form No.53 for regularization on the basis that she has been in unauthorized occupation of the land in question since the year 1985, however, perusal of the said application discloses that she was aged 21 years as on the date of application i.e., 12.12.1999 and that she was married to Sri H.V. Srinivasa and they were residing at Hassan.
6. It is a classic case where the petitioner, who after her marriage moved into her matrimonial home, is claiming occupancy right in respect of the land measuring 04 Acres in Sy. No.94 as if she was in possession of the said land. The petitioner has not produced any document in support of her claim. Prima facie, this appears to be a false claim.
7. Therefore, the question of entertaining this writ petition and issuing notice to the respondents calling upon them to file objections to oppose this petition does not arise.
8. Accordingly, this Writ Petition is dismissed.
9. Learned Additional Government Advocate is permitted to file memo of appearance within two weeks from today.
Sd/- JUDGE sma