IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA BETWEEN W.P.No. 34435/2018 (KLR-REG) 1. MR R SUDHAKAR AGED ABOUT 65 YEARS S/O LATE R RAMASWAMY SETTY RESIDING AT NO.771, 16TH MAIN, 17TH CROSS, BSK 2ND STAGE, BENGALURU-560070 2. MRS R SAIPRASANNA W/O R SUDHAKAR RESIDING AT NO.771, 16TH MAIN, 17TH CROSS, BSK 2ND STAGE, BENGALURU-560070 (BY SRI. RAJAGOPALA NAIDU, ADV.) AND THE TAHASILDAR BENGALURU SOUTH TALUK, KANDAYA BHAVAN, K G ROAD BENGALURU -09 (BY SRI. VENKATESH DODDERI, AGA) ... PETITIONERS ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATIONS ANNEXURE-C AND D AND TO REGULARIZE/GRANT 0-06 GUNTAS OF LAND IN SY NO.46 OF KAGGALIPURA VILAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners herein are seeking mandamus to the 1st respondent to consider their representation vide Annexures – C and D for regularization / grant of 6 guntas of land in Sy.No.46 of Kaggalipura Village, Uttarahalli Hobli, Bangalore South Taluk.
2. Materials on record would indicate that petitioners herein are purchasers of land bearing Sy.No.102/4 measuring 1 acre 22 guntas of Kaggalipura Village, Uttarahalli Hobli, Bangalore South Taluk, under a registered sale deed dated 20.01.2005. According to them, adjacent to their land, an extent of 6 guntas in Sy.No.46 is available which is said to be vacant land lying between the property of petitioners and Uttari Road. According to them, they are said to be in possession of aforesaid land. Therefore, they seek for regularization / grant of same.
3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate appearing on behalf of respondent – Tahsildar.
4. Learned Additional Government Advocate would indicate that neither an application is filed as provided under Sections 94-A and 94-B of the Karnataka Land Revenue Act, 1964, nor there is anything on record to demonstrate that petitioners are entitled to seek grant of said land. It is also brought to the notice of this Court that merely because petitioners are occupants / owners of land adjacent to 6 guntas of land in Sy.No.46 of Kaggalipura Village, they cannot seek regularization / grant of same. In that view of the matter, he submits that no grounds are made out to consider the prayer for issue of mandamus to the respondent.
5. After giving careful consideration to the submission of the learned Additional Government Advocate and on going through the materials available on record, this Court is of the considered opinion that no such mandamus can be issued in the instant case either directing the respondent to grant the land or to regularize the so called unauthorized occupation and possession of the said land of the petitioners.
6. Accordingly, this writ petition is dismissed.
However, it is made clear that if petitioners are squatting the government land, it is open for the respondent – Tahsildar to take immediate action to secure the said land to the government, which he shall do within 60 days from the date of receipt of a copy of this order.
Sd/- JUDGE VP