IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.34590/2018(KLR-REG) BETWEEN SRI CHANDRAHASA H S S/O LATE SUGAIAH AGED ABOUT 57 YEARS OCC: AGRICULTURE R/AT DOOR NO. 85 HULLEGOWDANAHALLI VILLAGE AND POST DASANAPURA HOBLI NELAMANGALA BENGALURU NORTH TALUK & DISTRICT - 562 123. ... PETITIONER (BY SRI PRASANNA V R, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING BENGALURU - 560 001 2. THE TAHASILDAR BENGALURU NORTH TALUK KANDAYA BHAVANA, K.G.ROAD BENGALURU - 560 009 3. THE COMMITTEE FOR REGULARIZATION OF UN-AUTHORIZED OCCUPATION OF GOVT LANDS REPRESENTED BY ITS SECRETARY/TAHSIDLAR BENGALURU NORTH TALUK KANDAYA BHAVANA K.G.ROAD BENGALURU - 560 009. ... RESPONDENTS (BY SRI VENKATESH DODDERI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TAHASILDAR TO PLACE THE RECORDS RELATING TO THE CLAIM OF THE PETITIONER FOR REGULARIZATION OF UN-AUTHORIZED OCCUPATION BY CONSIDERING THE REPRESENTTION DTD:17.8.2017, TRUE COPY OF WHICH IS PRODUCED AT ANNEXURE-A, AND FURTHER DIRECT THE 3RD RESPONDENT COMMITTEE TO CONSIDER THE SAID CLAIM AND REGULARIZE THE UN- AUTHORIZED OCCUPATION OF THE PETITIONER IN RESPECT OF THE LAND MENTIONED IN THE SCHEDULED BELOW, TRUE COPY OF THE ACKNOWLEDGEMENT FOR HAVING FILED APPLICATION DTD:2.12.1998 SEEKING GRANT OF LAND IS PRODUCED AT ANNEXURE-B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein is seeking direction to 2nd respondent – Tahsildar to place his application/representation dated 17.8.2017, at Annexure-A, seeking regularization of an extent of 2 acres of land in Sy.No.72 of Hullegowdanahalli village, Dasanapura Hobli, Bengaluru North Taluk and District, said to be in his occupation, before the Committee constituted for Regularization of Unauthorized occupation.
2. When this matter is taken up for consideration to-day, the learned Additional Government Advocate on the instructions of the Tahsildar, Bengaluru North Taluk would bring to the notice of this Court that the application/representation is already rejected by order dated 28.1.20013 for the reason that the land in question falls within 18 k.m., of the BBMP limits.
3. In that view of the matter, this writ petition is disposed of directing the respondent – Tahsildar, Bengaluru North Taluk, to communicate the endorsement said to be passed on the application of the petitioner. Simultaneously, it is made clear that the petitioner is at liberty to pursue the said endorsement before the appropriate forum.
Learned Additional Government Advocate is permitted to file memo of appearance within two weeks from today.
Sd/- JUDGE nd/-