IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.46760/2017(KLR-REG) BETWEEN:
L.NAGARAJU S/O SHRI LAKSHMAN (LATE) AGED ABOUT 45 YEARS R/O BALANAKATTE, SY.No.120, KASABA HOBLI, BEHIND RUDRAIAH CHOULTRY, TUMAKURU . …PETITIONER (BY SRI SHANMUKHAPPA, ADVOCATE FOR KESVY & CO.,) AND :
1. PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT M.S.BUILDINGS, Dr. B.R.AMBEDKAR VEEDHI BENGALURU – 560 001 2. DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU – 571 112 3. TAHSILDAR TUMAKURU TALUK TUMAKURU – 571 112 …RESPONDENTS (BY SRI T.L.KIRAN KUMAR, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 to R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 25.07.2017 VIDE ANNEXURE-A AND TO PLACE THE RECORDS IN RESPECT OF THE SCHEDULE LAND IN SO FAR AS THE PETITIONER’S FATHER IS CONCERNED AND A DIRECTION TO THE COMMITTEE CONSTITUTED FOR REGULARIZATION OF UNAUTHORISED OCCUPATION TO CONSIDER THE CASE OF THE PETITIONER AND ETC., 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 respondent Nos.1 to 3.
2. The petitioner has come up in this writ petition seeking a direction in the nature of mandamus to the respondents to consider his representation dated 25.07.2017 vide Annexure ‘A’ to the writ petition and for other consequential reliefs.
3. Heard the learned counsel for the petitioner as well as learned Additional Government Advocate for respondent Nos.1 to 3.
4. Perusal of the records would indicate that the petitioner herein had approached this Court earlier by filing writ petition in W.P. No.18362/2017 (KLR-REG) inter alia seeking a direction in the nature of mandamus to the respondents therein (same respondents in the present petition) to place the records pertaining to the application made by his father for regularization of unauthorized occupation in respect of an extent of 01 Acre 03 guntas of land bearing Sy. No.120 situate in Tumakuru kasaba, Tumakuru Taluk, which is the subject matter of the present writ petition, before the Committee constituted for Regularization of Unauthorized Cultivation of lands (hereinafter referred to as ‘the Committee’, for brevity).
5. When the aforesaid writ petition had come up for consideration, a coordinate Bench of this Court by order dated 05.05.2017 (Annexure ‘D’ to the present writ petition), has recorded the submission made by the learned Government Pleader based on the instructions of Tahasildar (respondent No.3 therein), who was present before the Court, to the effect that the said records would be placed before the Committee within a period of four weeks from 05.05.2017 and held that nothing survived for consideration in the petition. Accordingly, the writ petition in W.P. No.18362/2017 came to be disposed of.
6. It is seen that pursuant to the said undertaking given by the Government Pleader, the records pertaining to the application made by petitioner’s father for regularization of unauthorized occupation in respect of an extent of land measuring 01 Acre 03 guntas in Sy. No.120 was placed before the Committee. The Committee, by its endorsement dated 03.10.2017, has rejected the said application of the petitioner’s father for regularization of unauthorized cultivation and with reference to the application of the petitioner dated 25.07.2017 (Annexure ‘A’ to the writ petition), wherein copy of the proceedings of the Committee was sought, it is stated that the petitioner herein had collected the said copy on 03.08.2017.
7. Learned Additional Government Advocate has filed memo today along with copy of the said endorsement dated 03.10.2017. The said memo along with endorsement is taken on record.
8. Having regard to the fact that the Committee vide endorsement dated 03.10.2017, has rejected the prayer of the petitioner for regularization of unauthorized cultivation of the land described in the schedule to the petition and copy of the proceedings sought for by the petitioner in his application dated 25.07.2017 (Annexure ‘A’ to the petition) was furnished to him on 03.08.2017, nothing survives for consideration in this writ petition.
9. Accordingly, the writ petition is dismissed.
10. Learned Additional Government Advocate is permitted to file his memo of appearance within two weeks from today.
Sd/- JUDGE sma