IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.13104/2018 (KLR-LG) BETWEEN:
SMT. RATHNAMMA W/O LATE THIMMAIAH AGED ABOUT 40 YEARS R/AT MADAPURA VILLAGE SALIGRAMA HOBLI BYLAHALLI POST, HASSAN TALUK HASSAN DISTRICT-573128.
(BY SRI P M SIDDAMALLAPPA, ADV.) AND:
1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING VIDHANA VEEDHI BANGALORE – 560001.
2. THE LAND GRANT COMMITTEE HASSAN DISTRICT HASSAN – 573201 BY ITS SECRETARY.
3. THE TAHSILDAR HASSAN TALUK HASSAN – 573201.
(BY SRI VENKATESH DODDERI, AGA.) ... PETITIONER ... RESPONDENTS 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 FORM NO.53 SEEKING REGULARIZATION OF HER UNAUTHORIZED CULTIVATION OF TH LAND BEARING SY NO.94, MEASURING 4 ACRES 38 GUNTAS, SITUATED AT SHEGEGUDDA KAVAL VILLAGE, AS PER ANNEXURE-A AND B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned AGA for the Respondents-State files a Memo along with a copy of FIR registered in Crime No.242/18 on the file of Hassan Rural police and also letter of Tahsildar dated 02.07.2018 addressed to the Deputy Superintendent of Police, Kattaya/Gorur Police Station, Kattaya, alleging that though the petitioner herein has not filed the application in Form No.53, he is said to have created false documents and sought for regularization of unauthorized occupation of his land. Hence, the aforesaid FIR is registered against the petitioner.
2. Relying on the aforesaid documents, learned AGA submits that the petitioner’s application cannot be considered.
3. The aforesaid submission of learned AGA is placed on record. Accordingly, the present writ petition does not survive for consideration and the same is hereby dismissed. No costs.
Learned AGA is permitted to file Memo of Appearance within two weeks from today.
Sd/- JUDGE Srl.