IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 31ST DAY OF MARCH, 2017 BEFORE THE HON'BLE Mr.JUSTICE RAVI MALIMATH WRIT PETITION NO.52018 OF 2016(KLR-RES) BETWEEN:
K.Bhaskara Rao, S/o Seetharama Asranna, Aged about 73 years, Agriculturist, Resident of Kandiga Mane, Karimanelu Village, Andinje Post, Belthangady Taluk, Dakshina Kannada District-574214 ….Petitioner (By Sri.A.V.Gangadharappa, Advocate – ABSENT-) AND:
1. The Government of Karnataka, Represented by its Principal Secretary, Revenue Department, Multistoried Building, Bengaluru-560001.
2. The Deputy Commissioner, Dakshina Kannada District, Mangalore-575001.
3. The Committee for Regularisation of Unauthorised Occupation, Belthangady Taluk, Represented by its Secretary & Tahasildar, Belthangady Taluk, Dakshina Kannada District-574214.
4. Smt. Appi Hengsu, W/o Late Babu Poojary, Aged about 74 years, 5. Ananda Poojary, S/o late Babu Poojary, Aged about 45 years, Respondents No.4 & 5 are residents of Karimanelu village, Andinje Post, Belthangady Taluk, Dakshina Kannada District-574214.
…Respondents (By Smt.Pramodhini Kishan, HCGP FOR R1 TO R3 – ABSENT-; Notice to R4 and R5 is dispensed with Vide order dated 07.10.2016) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to call for records and direct the R-1 to immediately constitute a committee for regularisation of unauthorized occupation of government lands in Belthangady Taluk and further direct the R-3 to dispose of the application filed by the petitioner dated 15.02.1999 true copy of which is produced as Annexure-A as per the directions issued by this Hon’ble Court in W.P.No.20879/2009 dated 07.04.2010 true copy of which is produced as Annexure-E and as requested by the petitioner in this representation dated 11.12.2013, 18.12.2014, 16.09.2015 & 28.09.2015 true copies of which are produced as Annexures-G, H, J & K.
This petition coming on for Preliminary Hearing in ‘B’ Group, this day, the Court made the following:
O R D E R The plea of the petitioner is for consideration of his application dated 15.02.1999 vide Annexure-A. Since there has been a long lapse of time, it is just and appropriate to direct the respondent No.3 to consider the same in accordance with law.
2. Accordingly, the writ petition is disposed off. The Respondent No.3 is directed to consider the application dated 15.02.1999 vide Annexure-A and pass appropriate orders in accordance with law, provided the same is within time, authentic and contains all the relevant documents, as expeditiously as possible.
3. The petitioner shall not be dispossessed from the land in question, if not already dispossessed till such application is considered and disposed off by Respondent No.3.
SD/- JUDGE dh