IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NO.26396/2019 (KLR-REG) BETWEEN:
SRI. M.NAGARAJU S/O MUNISWAMY R/AT KASABA HOBLI MALALICHANNENAHALLI TARIKERE TALUK,CHIKKAMAGALUR DISTRICT - 577 228.
(BY SRI. P.P. HEGDE, ADVOCATE) AND:
1 . TASHILDAR TARIKERE, CHIKKAMAGALUR DISTRICT - 577 228.
2 . REGULARIZATION COMMITTEE TARIKERE, CHIKKAMAGALUR DISTRICT - 577 228.
(BY SRI. Y.D. HARSHA, AGA) ...PETITIONER …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO DECIDE THE APPLICATION OF THE PETITIONER FOR REGULARIZATION OF THE LAND TO AN EXTENT OF 4 ACRES 38 GUNTAS IN SY.NO.9 SITUATED IN RAMANAHALLI VILLAGE, OF AMRUTHAPURA HOBLI, TARIKERE CHIKKAMAGALURU DISTRICT – 577 228 VIDE ANNX-C.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri.P.P.Hegde, learned counsel appearing for petitioner and Sri.Y.D.Harsha, learned Government Advocate appearing for respondents. Perused the records.
2. Petitioner is said to have filed Form No.53 for regularization of his unauthorized occupation and cultivation land to an extent of 4 Acres 38 guntas situated in Sy.No.9 situated at Ramanahalli village, Amruthapura Hobli, Tarikere Taluk, Chikkamagaluru District. It is contended that petitioner has been in possession of said land since long number of years and has made vast improvement over said land. In fact he has been residing in the said land after constructing a house.
3. It is the grievance of petitioner that application filed by him in Form No.53 has not been considered and disposed of till date by authorities. As such, he is seeking for a writ of mandamus to direct the respondents to decide and adjudicate the application of petitioner for regularization of land in question. Hence, he is before this Court.
4. Having heard the learned counsel appearing for petitioner and learned Government Advocate for respondents it is noticed that jurisdictional Tahsildar who has maintained register for having received the applications from the applicant filed in Form No.53 has been produced at Annexure-B whereunder at Sy.No.546 name of the petitioner is found. It would also disclose that petitioner has sought for regularization of subject land in his favour. Revenue Inspector has also submitted his report to the jurisdictional Thasildar along with statement of villagers recorded at the time of conducting spot inspection and had forwarded said report along with sketch vide Annexures- C and D.
5. Learned Government Advocate appearing for respondents would submit in the event of said application has not been disposed of by second respondent, same would be considered by the committee constituted for said purpose and would be disposed of within a reasonable time as may be fixed by this Court. His submission is placed on record.
6. In identical circumstances this Court had noticed in W.P.Nos.25195-25199/2019 and connected matters that committees to be constituted for regularization of unauthorized occupation of lands across the State having not been constituted, had called upon Principal Secretary, Department of Revenue, Government of Karnataka to file an affidavit by indicating thereunder the time frame within such time committees would be constituted. Above said petitions came to be disposed of on 27.09.2019 by placing the affidavit of the Principal Secretary, Government of Karnataka on record. Following order came to be passed.
“4. Having regard to the affidavit filed by the Principal Secretary to the Government, Department of Revenue and the fact that applications of the petitioners have been pending for the past 27 years, it would be appropriate to issue direction to first respondent to constitute Bagar Hukum committee expeditiously and at any rate, within three months from the date of receipt of this order. On such constitution of the committee, third respondent shall place all such pending applications before the said committee immediately, who shall thereafter dispose of such applications expeditiously and at any rate, within three months from the date of applications being placed before the committee”.
In the light of aforesaid direction having issued, same will also hold good insofar as present petition is concerned.
Hence, I proceed to pass the following;
ORDER (1) Writ petition is allowed in part.
(2) A Direction is issued to the Thasildar to place the application of the petitioner before the second respondent committee within four weeks from the date of constitution of such committee and second respondent committee shall dispose of said application expeditiously and at any rate within an outer limit of three months from the constitution of such committee.
(3) It is made clear that till application of petitioner is not disposed of possession of the petitioner shall not be disturbed.
SD/-
JUDGE RU