IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.34841 OF 2017 (KLR-RES) BETWEEN SRI. LOKESH REDDY S/O LATE VENKATA REDDY AGED ABOUT 39 YEARS RESIDING AT ANRENUR VILLAGE BIDARUGUPPE POST ATHIBELE HOBLI ANEKAL TALUK-560 107 BANGALORE URBAN DISTRICT (BY SRI. FAYAZ SAB B G. ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING BANGALORE-560 001.
2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE-560 009.
3. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION KANDAYA BHAVANA BANGALORE-560 009.
... PETITIONER 4. THE TAHASILDAR ANEKAL TALUK ANEKAL TOWN-560 106 BANGALORE URBAN DISTRICT.
5. THE TAHASILDAR & SECRETARY COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION OF LANDS ANEKAL TALUK, ANEKAL-560 106 BANGALORE URBAN DISTRICT.
... RESPONDENTS (BY SRI.T.S. MAHANTESH, AGA FOR R-1 TO R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION SUBMITTED IN FORM NO.53 BY THE PETITIONER FOR GRANT/REGULARIZATION OF UNAUTHORIZED OCCUPATION OF IMMOVABLE AGRICULTURAL PROPERTY BEARING SY.77, MEASURING 0.20 GUNTAS OF AGRICULTURAL LAND, SITUATED AT ARENURE VILLAGE, BIDARUGUPPE POST, ATHIBELE HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT, WHICH IS A GOVERNMENT LAND AS CONSIDERED IN OTHER SIMILARLY PLACED CASES AS PER THE ORDER DATED 01.06.1992 PASSED IN W.P.NO.16037 TO 16048/1992 AND ANOTHER ORDER DATED 15.07.2015 PASSED IN W.P.NO.48638- 48640/2014, VIDE ANNX-B AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner is seeking regularization of unauthorized occupation of agricultural property bearing Sy.No.77 of Arenure Village, Bidaruguppe Post, Athibele Hobli, Anekal Taluk, Bangalore Urban District to an extent of 20 guntas. It is stated that petitioner’s father submitted an application under Form No.53 for regularization/grant of unauthorized occupation of agricultural land and it is submitted that the application is not yet considered by the authorities. Hence, the present Writ Petition is filed seeking direction to the authorities to consider the said application.
2. In the meanwhile the original records are secured, which would indicate that the petitioner belongs to a family agriculturist and he owns 2 acres of land in the same village. Therefore, on that account, his application cannot be considered as a person belongs to landless family. Besides, it is also seen that the land in question is situated within 18 kms of Bruhat Bangalore Mahanagara Palike limit. As such, aforesaid extent is not available for consideration of the application to grant unauthorized occupation of agricultural land in favour of the petitioner.
Accordingly, the Writ Petition is dismissed.
Sd/- JUDGE Prs*