IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.32177/2017(KLR-REG) BETWEEN SMT.SHANTHA, W/O LATE SHANKARA, AGED ABOUT 50 YEARS, R/AT ULAVALLI VILLAGE, SHRINGERI TALUK – 577 139, CHICKMAGALUR DISTRICT. …PETITIONER (BY SRI D.C.JAGADEESH, ADVOCATE) AND :
1. THE DEPUTY COMMISSIONER, CHICKMAGALUR DISTRICT, CHICKMAGALUR – 577 101.
2. THE TAHSILDAR, SHRINGERI TALUK- 577 139, SHRINGERI, CHICKMAGALUR DISTRICT.
3. THE COMMITTEE CONSTITUTED U/S 94(A) OF K.L.R.ACT FOR REGULARIZATION OF UNAUTHORISED OCCUPATION OF GOVERNMENT LAND, SHRINGERI TALUK, SHRINGERI – 577 139, CHICKMAGALUR DISTRICT. …RESPONDENTS (BY SRI KIRAN KUMAR.T.L, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION FILED IN PRESCRIBED FORM NO.50 BY THE LATE HUSBAND OF PETITIONER FOR GRANT/REGULARISATION OF THE LAND MEASURING 1 ACRE 20 GUNTAS IN SY.NO.19 OF ULAVALLI VILLAGE, SHRINGERI TALUK, VIDE ANNEXURE-C (ACKNOWLEDGEMENT FILED IN FORM NO.50) AS PER SEC.94(A) OF THE KARNATAKA LAND REVENUE ACT AND THE RULES FRAMED THERE UNDER AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In this writ petition the petitioner is seeking for a writ of mandamus to the respondents to consider the application filed by him seeking regularization of his unauthorized cultivation of land measuring to an extent of 1 acre 20 guntas in Sy.No.19 of Ulavalli village, Shringeri Taluk. It is his grievance that though an application is made in Form No.50 of the Karnataka Land Revenue Act, 1964 (‘the Act’ for short) and the Rules framed there under before the Committee constituted under Section 94A of the Act for regularization of unauthorized occupation of land, the same is not considered by the third respondent – Committee and no orders are passed thereon.
2. Heard the learned counsel for the petitioner as well as the learned AGA appearing for the contesting respondents.
3. This Court feel that since no order is passed by the Committee question of entertaining this writ petition does not arise except observing that the second respondent shall place the application of the petitioner before the third respondent – Committee and the third respondent shall dispose of the same in accordance with law after examining whether the land, which is said to be in unauthorized occupation of the petitioner could be regularized or otherwise and to pass appropriate orders.
4. The learned AGA would submit that if a reasonable time is granted, the application filed by the petitioner will be considered in accordance with law.
5. In that view of the matter, this writ petition is disposed of. The second respondent is directed to place the application of the petitioner before the third respondent – Committee and thereafter, the third respondent shall dispose of the same within two months from the date of receipt of a copy of this order in accordance with law after examining whether the land, which is said to be in unauthorized occupation of the petitioner could be regularized or otherwise by passing appropriate orders.
Sd/- JUDGE nd/-