IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.12104/2019 (KLR-REG) BETWEEN SRI. RAJGOPAL S/O LATE KRISHNAPPA AGED ABOUT 56 YEARS, OCCUPATION : AGRICULTURIST R/AT LINGAPURA VILLAGE KASABA HOBLI MALURU TALUK KOLARA DISTRICT – 563 130 ... PETITIONER (BY SRI ANJANEYA A B, ADVOCATE) AND 1. THE STATE GOVERNMENT OF KARNATAKA REPT.BY CHIEF SECRETARY VIDHANA SOUDHA AMBEDKAR VEEDI BENGALURU - 560001 2. THE DEPUTY COMMISSIONER OF KOLAR DISTRICT KOLAR - 563102 3. THE THASILDAR OF MALUR MALUR TALUK OFFICE MALURU TOWN KOLARA DISTRICT - 563130 4. THE MALURU TALUK BAGUR HUKKUM REGULARIZATION COMMITTEE MALUR TALUK OFFICE MALURU TOWN KOLARA DISTRICT – 563130 …RESPONDENTS (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 3RD RESPONDENT AUTHORITY TO CONSIDER THE APPLICATION SUBMITTED BY THE PETITIONER IN FORM NO.53 DATED 06.02.1999 FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION OF AGRICULTURE LAND MEASURING 2.00 ACRES IN SY.No.49 OF LINGAPURA, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT WHICH IS FILED UNDER THE KARNATAKA LAND REVENUE RULES - 1966 AS PER ANNEXURE-B OF WRIT PETITION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Additional Government Advocate is directed to take notice for the respondents.
2. Petitioner herein is seeking direction to respondent No.3, namely, Tahasildar, Maluru Taluk, to consider the application in Form No.53 filed by him on 06.02.1999 vide Annexure ‘B’ to the petition seeking regularization of his unauthorized cultivation of land measuring 02 Acres in Sy. No.49 situate at Lingapura village, kasaba hobli Malur Taluk.
2. Admittedly, respondent No.3 in his communication bearing No.L.N.D/C.R./2018-19 dated 01.12.2018 (Annexure ‘P’ to the petition) to the second respondent – Deputy Commissioner, Kolar District, has stated that pursuant to the application made by the petitioner herein for regularization of his unauthorized cultivation in respect of the land in question, Revenue Inspector had prepared the file and placed the same before the Committee for regularization of unauthorized Occupation of lands (for short, ‘the Committee’). It is further stated that the Committee in its proceedings had noted that the said matter would be taken up for consideration in its next meeting. Thereafter, the Committee was not constituted. In that view of the matter, Tahasildar has further stated that as and when the Committee would be constituted, the application of the petitioner would be placed before it for consideration and disposal.
3. In the light of the said internal communication dated 01.12.2018 issued by the third respondent to the second respondent, the question of issuing one more direction as sought by the petitioner does not arise.
4. Hence, this Writ Petition is disposed of with an observation that respondent No.3 – Tahasildar, Malur Taluk, pursuant to the communication dated 01.12.2018 shall place the application filed by the petitioner on 06.02.1999 vide Annexure ‘B’ to the petition before the Committee as and when the same is constituted.
5. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma