IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE S. N. SATYANARAYANA WRIT PETITION NO.1051 OF 2019 (KLR-RES) BETWEEN:
SMT. SAROJA W/O. RAVIKANTH, AGED ABOUT 30 YEARS, R/O. KALKATTE, MENASE VILLAGE, SRINGERI TALUK-577 139, CHICKMAGALUR DISTRICT.
(BY SRI. D. C. JAGADEESH, ADV.) AND 1. THE DEPUTY COMMISSIONER CHICKMAGALUR DISTRICT, CHICKMAGALUR-577 101.
2. THE TAHSILDAR SRINGERI TALUK, SRINGERI-577 139, CHICKMAGALUR DISTRICT.
(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 RESPONDENTS TO CONSIDER THE REPRESENTATION/ APPLICATION OF PETITIONER VIDE ANNEXURE-C AND GRANT/ REGULARIZE SITE MEASURING 1800 FEET AND THE DWELLING HOUSE CONSTRUCTED BY HER AT AN EXTENT OF 1200 FEET IN SY.NO.181 OF MENASE VILLAGE, KASABA HOBLI, SRINGERI TALUK, CHICKMAGALURU DISTRICT AS PER SECTION 94(C) OF KLR ACT, AND THE RULES FRAMED THERE UNDER FORTHWITH.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Additional Government Advocate takes notice for respondent Nos.1 and 2. He is permitted to file memo of appearance within two weeks.
2. The petitioner herein is said to be an applicant seeking regularization to an extent of 1800 sq.ft. sital area in Sy.No.181 of Menase Village, Kasaba Hobli, Sringeri Taluk, wherein she is said to have constructed a house measuring 1200 sq.ft. The records would indicate that an application is filed by the petitioner in Form No.3A under Rule 180Q of Karnataka Land Revenue Rules, 1966, seeking regularization of unauthorized construction of residential house on aforesaid survey number. Along with the writ petition, copy of the photograph of the house is also filed which would indicate that the house which is said to be constructed on the aforesaid property is quite an old construction. It is this portion of the land which is sought to be regularized in favour of the petitioner pursuant to the aforesaid provision of law.
3. The learned Additional Government Advocate would submit that the authorities, after inspecting the property, will take necessary action in accordance with law in considering the application filed seeking regularization. With such direction, this writ petition may be disposed of.
4. Accordingly, this writ petition is disposed of with direction to the respondents to inspect the property in possession of the petitioner and after ascertaining whether the said application is in time and with reference to the land which could be considered for grant under Section 94(C) of the Karnataka Land Revenue Act, 1964, and if required parameters are in favour of the petitioner, the application filed by her seeking regularization may be considered in accordance with law within four months from the date of receipt of copy of this order.
Sd/- Judge RD