IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.39664/2018(KLR-RES) BETWEEN SMT NETHRA @ NETHRAVATHI M.R W/O KRISHNAKUMAR AGED ABOUT 64 YEARS RESIDING AT ADUVALLI VILLAGE KASABA HOBLI HASSAN TALUK HASSAN DISTRICT- 573 115 ... PETITIONER (BY SRI SIDDAMALLAPPA P M, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING VIDHANA VEEDI BANGALORE-560 001 2. THE LAND GRANT COMMITTEE CHIKAMAGALURU DISTRICT CHIKAMAGALURU-577 101 3. THE TAHSILDAR CHIKAMAGALURU TALUK CHIKAMAGALURU-577 101 ... RESPONDENTS (BY SRI VENKATESH DODDERI, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT 2ND AND 3RD RESPONDENTS TO CONSIDER THE APPLICATION FORM NO.53 SEEKING REGULARIZATION OF HER UNAUTHORIZED CULTIVATION OF THE LAND BEARING SY.NO.2 MEASURING 4 ACRES AS PER ANNEXURES-A AND B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner herein is claiming that she has filed an application in Form No.53 seeking regularization of her alleged unauthorized cultivation to an extent of 4 acres in Sy.No.2 of Kattaya Kaval Village, Hassan Taluk and District.
2. When this mater was taken up for consideration on 1.7.2019, this Court directed the learned Additional Government Advocate to secure instructions as to the status of the application of the petitioner.
3. Accordingly, this day, the learned Additional Government Advocate would produce an Inward Register maintained in the office of the Tahsildar, Hassan Taluk, with reference to receiving applications which are filed by the persons seeking regularization of unauthorized cultivation of lands in different Talukas of Hassan District. The register that is produced before this Court would indicate that several applications are filed seeking regularization of unauthorized cultivation of various bits of lands situated in Kattaya Kavalu village of Hassan Taluk and District. The said applications are registered in seriatim in the said register. Incidentally, the entries in the said register would end at 1999 and there is no reference to any application being received in the said office seeking regularization of unauthorized cultivation from the petitioner. In fact, when the contents of the said register are seen with reference to copy of the application vide Annexure-A, which is filed before the authorities would indicate that, the said application is said to be received in the office of Tahsildar, Hassan Taluk, on 10.11.1999 bearing endorsement No.10209/1998-99.
However in the entire register there is no reference to said application being received on that day. Therefore, this Court find that no justifiable grounds are made out to consider any of the prayers sought in the writ petition.
4. In the meanwhile, the petitioner would submit that now there is another application which is in Form No.53 and that, she may be permitted to pursue the same. However this Court find that in the fact situation question of granting any concession to the petitioner does not arise.
5. With such observations, this writ petition is dismissed inasmuch as the acknowledgment which is produced for having filed the application in Form No.53 itself could not be believed in view of number and date referred therein not tallying with the original register maintained in the office of the Tahsildar, Hassan Taluk.
nd/-
Sd/- JUDGE