IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.59427/2016 (KLR - LG) BETWEEN:
KENCHAMMA W/O KRISHNAPPA AGED ABOUT 59 YEARS R/O SATHENEHALLI VILLAGE SATHENAHALLI POST SHANTHIGRAMA HOBALI HABEEB ULLA HASSAN TALUK – 573 103 HASSAN DISTRICT ... PETITIONER [BY SRI.JAGADEESH H.T., ADV.,] AND:
1. THE SECRETARY STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA BANGALORE – 01 2. THE DEPUTY COMMISSIONER HASSAN DIVISION HASSAN – 573 201 3. THE TAHASILDAR HASSAN DIVISION HASSAN – 573 201 [BY SRI. KIRAN KUMAR T.L., AGA] …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO IMPLEMENT THE ORDER DATED 27.11.2015 PASSED BY THE DEPUTY COMMISSIONER AT HASSAN (R-2) VIDE ANNEXURE – G AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
O R D E R Petitioner claims that she has given a representation dated 25/08/2015 addressed to the 1st respondent-Secretary, Department of Revenue, Government of Karnataka, Vidhana Soudha, Bangalore, requesting for regularization of her unauthlorised occupation of land. Pursuant to the said representation, it is asserted by the petitioner that the 1st respondent has directed the Deputy Commissioner by forwarding the list of grantees to take necessary action in accordance with law. It is further urged that on 27/11/2015, the Deputy Commissioner has passed an order directing the Tahsildar, Hassan Division, Hassan, to give a report regarding the grant of land, to make an enquiry and give necessary endorsement to the applicant/petition. The grievance now made is, despite such direction issued by the Deputy Commissioner, the Tahsildar has not taken any action. Therefore, the petitioner has approached this Court seeking a direction to the Tahsildar-respondent No.3 to consider the request made by her for regularization of her unauthorized occupation.
2. Learned Additional Government Advocate submits that in similar matters where similar communication was issued by the Deputy Commissioner to the Tahsildar, this Court has disposed of the writ petitions recording the endorsements already issued by the Tahsildar. However, in the present case, as no endorsement has been issued by the Tahsildar, action in accordance with law, will be taken to consider the representation and issue appropriate endorsement within two months from the date of receipt of a copy of this order.
3. In the light of the above submission, this writ petition is disposed of. A direction is issued to the 3rd respondent to consider the representation of the petitioner and issue necessary endorsement within two months from the date of receipt of a copy of this order.
Sd/- JUDGE PSG