IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF MARCH 2019 BEFORE THE HON’BLE Mr. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.32941 OF 2018 (KLR – RES) BETWEEN:
Smt.Nagamma, W/o late Chikkappaiah, Aged about 41 years, Residing at Doddamallekere Village, Gowribidanuru Taluk, Chikkaballapura District – 561 208.
(By Sri. R.Shama, Advocate) AND:
1. The State of Karnataka, Represented by it’s Secretary, Revenue Department, Vidhana Soudha, Bangalore – 560 001.
2. The Thasildar, Gowribidanuru Taluk, Chikkaballapura District – 561 208.
…Petitioner 3. The Committee for Regularization of Un Authorized Occupation, Gowribidnur Taluk, Chikkaballapura District – 561 208.
Represented by it’s Secretary. …Respondents (By Sri.Venkatesh Dodderi, AGA) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the R-2 and 3 to consider the application filed by the petitioner in form No.53 receipt dated 06.01.1998 vide Annexure – A and the very same application filed on 29.01.2018 vide Annexure – G and etc., This Writ Petition coming on for preliminary hearing, this day, the Court made the following:-
ORDER The petitioner herein is seeking writ of mandamus in the nature of direction to Respondents 2 and 3 to consider the application filed by her husband in Form No.53 on 06.01.1998, which is followed by reminders dated 28.08.2005, 30.12.2014 and 25.02.2015 and also fresh application filed by the petitioner on 29.01.2018 vide Annexure-G. The copies of said applications would indicate that the petitioner’s husband late Chikkappaiah filed an application seeking regularization of his unauthorized cultivation of land measuring 1 acre 20 guntas in Survey No.40 of Doddamallekere Gowribidanur taluk, followed by three reminders during his life time.
2. Though the application is filed in the year 1998, it is stated that till today, the same is not considered.
Subsequently, for the very same survey number, the petitioner also has filed an application seeking grant to an extent of 2 acres in Form No.53 on 29.01.2018 and her grievance is that both applications are not considered till today.
3. Learned Addl. Govt. Advocate submits that the said application would be placed before the committee to be constituted by the State for regularization of unauthorized occupation after the said committee is constituted.
4. Placing this on record, Writ Petition is disposed of with a direction to respondents to consider the same at the earliest, in accordance with law.
Sd/- JUDGE bnv*