IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.57651/2018(KLR-LG) BETWEEN MALLAIAH S/O LATE CHIKKAMALLAIAH AGED ABOUT 65 YEARS RESIDING AT NO.23/38 SHILPAPURA VILLAGE DEVALAPURA HOBLI CHIKKANAHALLI POST NAGAMANGALA TALUK MANDYA DISTRICT ... PETITIONER (BY SRI HARSHA KUMAR GOWDA H R, ADVOCATE) AND 1. THE TAHASILDAR NAGAMANGALA TALUK MANDYA DISTRICT-571 401 2. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT (AMENDED VIDE VIDHANA SOUDHA COURT ORDER DATED DR.AMBEDKAR VEEDI 22.03.2019) BENGALURU – 560 001.
…RESPONDENTS (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 19.09.2018 PRODUCED AT ANNEXURE-G AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner herein is seeking direction to respondent No.1 to consider his representation dated 19.09.2018, copy of which is at Annexure ‘G’ to the petition, for grant of land measuring to an extent of 01 Acre 07 guntas in Sy. No.75 (old Sy. No.7) situate at Shilpapura village, Devalapura hobli, Chikkanahalli post, Nagamangala Taluk, Mandya District.
2. Admittedly, the petitioner had filed application seeking regularization of his unauthorized occupation in respect of an extent of 06 Acres of land in old Sy. No.7 (new Sy. No.75) of the said Shilpapura village, which was considered by Tahasildar and thereafter, 04 Acres of land was granted in favour of the petitioner. The grievance of the petitioner is that though an order is passed in regularizing his unauthorized occupation to an extent of 04 Acres in old Sy. No.7 (new Sy. No.75), he is still in possession and enjoyment of 01 Acre 07 guntas in the said survey number. Respondent No.1 is required to consider regularization of his unauthorized occupation in respect of the said 01 Acre 07 guntas of land also.
3. Heard the learned counsel for the petitioner and learned Additional Government Advocate for respondents. On going through the material available on record, this Court find that no justifiable grounds are made out by the petitioner to give such a direction to respondent No.1.
4. Accordingly, this Writ Petition is hereby rejected.
5. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma