IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.31967/2019(KLR-REG) BETWEEN:
SRI. S. KRISHNAPPA S/O SOMAPPA GOWDA AGED ABOUT 55 YEARS R/AT BANAVASE VILLALGE BALLUPET POST – 573 214 SAKALESHPURA TALUK HASSAN DISTRICT.
... PETITIONER (BY SRI. VIGHNESHWAR S SHASTRI, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING BANGALORE – 560 001.
2. DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN – 573 201.
3. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIED OCCUPATION SAKALESHPURA TALUK HASSAN DISTRICT – 573 127 BY ITS SECRETARY.
... RESPONDENTS (BY SRI. Y.D. HARSHA, AGA FOR R-1 TO R-3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 COMMITTEE TO TAKE APPROPRIATE ACTION ON THE APPLICATION FILED BY THE PETITIONER IN FORM NO.53 AS PER ORDER DATED:07.06.2016 PASSED BY R-2 IN THE PROCEEDINGS NO.RA 17/2012-13 AS PER ANNEXURE- F.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though matter is listed for preliminary hearing ‘B’ group, it is taken up for final disposal by consent of learned Advocates appearing for parties.
2. Petitioner is seeking a writ of mandamus to direct third respondent – committee to take appropriate action on the application filed by the petitioner in Form No.53 as per order dated 07.06.2016 passed in No.RA.17/2012-13 by second respondent.
3. Having heard Sri Vigneshwar S Shastri, learned Advocate appearing for petitioner and Sri Y.D.Harsha, learned AGA appearing for respondents and on perusal of the records, it would disclose that petitioner has sought for regularization of unauthorized occupation of Government land bearing Sy.No.12 measuring 3 acres situated at Hosagadde village, Belagodu Hobli, Sakaleshpur Taluk contending interalia that he is in possession of the said land and cultivating the same for 40 years. Said application came to be rejected by order dated 06.06.2002 (Annexure-E) on the ground that it was not filed within the prescribed time. Being aggrieved by said order, appeal came to be filed in R.A.No.17/2012-13 which was allowed on 07.06.2016 (Annexure-F) with a direction to third respondent – committee to examine the claim of petitioner in accordance with law. However, there has been non-implementation of the said order and as such, petitioner is before this Court seeking writ of mandamus to third respondent – committee to take appropriate action on the application filed by him as per order passed by second respondent.
4. This Court while issuing notice to respondent on 14.08.2019, had made following observation:
“Though order came to be passed by Deputy Commissioner on 07.06.2016-Annexure-F directing the Committee for Regularization of unauthorized occupation to adjudicate the application of petitioner, even after 3 years application has not been adjudicated.
Learned AGA submits that he would ascertain as to whether Committee for Regularization has been constituted or not.
It is appalling that even after 3 years the Committee, which is required to adjudicate claim of small time land holders are not being adjudicated for lack of such constitution of Committee and would clearly exhibit the defiant attitude of the officials in not addressing the owes of citizens.
5. Today, learned Additional Government Advocate appearing for respondents would submit that committee has not yet been constituted and immediately after its constitution, application of the petitioner would be placed before said committee for adjudication in accordance with law expeditiously. His submission is placed on record.
6. In view of the above, I proceed to pass the following:
ORDER (i) Writ petition is allowed in part.
(ii) Third respondent is directed to adjudicate the application filed by the petitioner as ordered by second respondent on 07.06.2019 in R.A.No.17/2012-13 expeditiously, at any rate, within six months from the date of constitution of the committee.
(iii) Till the application is disposed of by the committee, respondents-authorities shall not disturb possession of the petitioner over the land bearing Sy.No.12 measuring 3 acres situated at Hosagadde village, Belagodu Hobli, Sakleshpura Taluk.
SD/- JUDGE *sp