IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 27TH DAY OF FEBRUARY, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NO.5597 OF 2008(LR-RES) BETWEEN:
SHRI PILLAPPA *SINCE DECEASED BY LRS 1(a) PARVATHAMMA W/O LATE PILLAPPA, AGED ABOUT 40 YEARS 1(b) Y.VENKATESH BROTHER OF LATE PILLAPPA, AGED ABOUT 45 YEARS 1(c) RADHA SISTER OF LATE PILLAPPA, AGED ABOUT 44 YEARS 1(d) SUJATHA SISTER OF LATE PILLAPPA, AGED ABOUT 43 YEARS 1(e) Y.SHANKARAPPA BROTHER OF LATE PILLAPPA, AGED ABOUT 34 YEARS 1(f) RAMESH BROTHER OF LATE PILLAPPA, AGED ABOUT 30 YEARS 1(g) JAYANTHI SISTER OF LATE PILLAPPA, AGED ABOUT 25 YEARS ALL ARE R/AT BANDIGANAHALLI. ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU DISTRICT.
*AMENDMENT CARRIED OUT AS PER ORDER DATED 21.04.2010.
... PETITIONERS (BY SRI RAKSHIT K.N., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU – 560 001.
2. THE CHAIRMAN THE LAND TRIBUNAL, ANEKAL TALUK, ANEKAL.
3. SHRI N.RAMASWAMY REDDY S/O LATE B.T.NANJUNDA REDDY, AGED ABOUT 50 YEARS R/AT BANDIGANAHALLI. ATTIBELEL HOBLI, ANEKAL TALUK, BENGALURU DISTRICT.
4. *THE TAHSILDAR ANEKAL TALUK, ANEKAL.
*AMENDMENT CARRIED OUT AS PER ORDER DATED 27.2.2017.
... RESPONDENTS (BY SMT.B.P.RADHA, HCGP FOR R1, 2 & 4 SRI D.R.RAJASHEKHARAPPA, ADVOCATE FOR R3) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS ON THE FILE OF THE R1 AND SET-ASIDE THE ORDER DATED 11.4.2007 VIDE ANNEXURE-D.
THIS WRIT PETITION COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner filed an application in Form No.50 for regularization of unauthorised cultivation of land bearing Sy.No.36 measuring 2 acres 24 guntas situated at Bandiganahalli, Attibele Hobli, Anekal Taluk. After series of litigations, the Land Tribunal by its order dated 11th April, 2007 granted occupancy rights on an application filed under Form No.7 under the Karnataka(Personal and Miscellaneous)Inam Abolition Act, 1954, to the 3rd respondent. The Land Tribunal held that the land in question is not a government land and therefore the Tribunal does not have any jurisdiction to consider the application. Aggrieved by the same, the present petition is filed.
2. The learned counsel for the petitioner contends that his application for regularization has not been considered by the Tribunal. That it has no jurisdiction. Hence, he pleads that the Tahsildar who is the concerned authority be directed to consider his application seeking regularization.
3. On the other hand, the learned counsel for respondent No.3 by relying on his statement of objections contends that Annexure R-2 is an endorsement issued by the Tahsildar stating that he cannot pass any orders since the matter is seized by the Land Tribunal. The plea of the petitioner for grant of land based on unauthorised occupation has not been considered. It is pending consideration before the Tahsildar. Therefore, it is just and appropriate that the Tahsildar be directed to consider the application filed by the petitioner for grant regularization of his unauthorised occupation. The same would meet the ends of justice.
Consequently, the petition is allowed. The 4th respondent-Tahasilar, is directed to consider the application filed by the petitioner in Form No.50 seeking regularization of unathorised occupation within a period of 12 weeks from the date of receipt of a copy of this order in accordance with law.
Smt.B.P.Radha, learned High Court Government Pleader is permitted to file memo of appearance within four weeks.
SD/- JUDGE Rsk/-