IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.19344/2016(KLR-RES) BETWEEN SRI. KEMPEGOWDA S/O LATE SUBBEGOWDA, AGED ABOUT 48 YEARS, AGRICULTURIST, R/O BALAGANJI VILLAGE, HIRESAVE HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT-573201 ... PETITIONER (BY SRI S R HEGDE HUDLAMANE, ADVOCATE) AND 1. DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN-5733201 2. TAHASILDAR CHANNARAYAPATNA TALUK, HASSAN DISTRICT-5733201 3. STATE OF KARNATAKA REPRESENTED BY REVENUE SECRETARY M.S.BUILDING VIDHANASOUDHA BENGALURU-560 001 ... RESPONDENTS (BY SRI T.S.MAHANTESH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE 2ND RESPONDENT, TO COMPLY THE ORDER ISSUED BY THE 1ST RESPONDENT AS PER ANNEXURE-A DT.26.11.1988, BY ISSUE OF WRIT OF MANDAMUS AND DIRECT TO REGULARIZED 20 GUNTAS OF LAND IN SY.NO.107 OF BALAGUNJE VILLAGE, HIRESAVE HOBLI, CHANNARAYAPATNA TQ., HASSAN DISTRICT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein is seeking regularization of his unauthorized occupation to an extent of 20 guntas of land in Sy.No.107 of Balaganji village, Hirisave Hobli, Channarayapatna Taluk, Hassan District. In that behalf, he rely upon an endorsement issued by the 1st respondent – Deputy Commissioner, Hassan District, on 26.11.1988.
2. Heard the learned counsel for the petitioner and the learned Additional Government Advocate. Perused the endorsement dated 26.11.1988 issued by the 1st respondent. Accordingly, the 2nd respondent – Tahsildar is directed to look in to the records pertaining to application filed by the petitioner seeking regularization of unauthorized cultivation and the endorsement dated 26.11.1988. If the said document is genuine and if the same is issued following due procedure of law by the Deputy Commissioner, the petitioner’s application shall be considered in accordance with law, within a period of 6 months from the date of receipt of a copy of this order.
Accordingly, this writ petition is disposed of.
Learned Additional Government Advocate is permitted to file memo of appearance within two weeks from today.
Sd/- JUDGE nd/-