IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.3021/2015(KLR-REG) BETWEEN SRI SURESH POOJARY S/O ANANDA POOJARY AGED ABOUT 52 YEARS R/O THABSEGUDDE POST:MUDUR VILLAGE-576233 KUNDAPURA TALUK UDUPI DISTRICT ... PETITIONER (BY SRI K CHANDRANATH ARIGA, ADVOCATE) AND 1. THE TAHSILDAR KUNDAPUR TALUK, KUNDAPUR-576 201, UDUPI DISTRICT.
2. THE COMMITTEE FOR REGULARIZATION, KUNDAPURA TALUK, KUNDAPURA-576201 BY ITS SECRETARY.
3. THE DEPUTY TAHSILDAR OFFICE OF SPECIAL TAHSILDAR, BYNDOOR-576 214, KUNDAPURA TALUK, UDUPI DISTRICT.
4. THE REVENUE INSPECTOR BYNDOOR SUB DIVISION, BYNDOOR-576 214, KUNDAPURA TALUK, UDUPI DISTRICT. ... RESPONDENTS (BY SRI B.S.BUDIHAL, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NOs.1 TO 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENT TO HOLD AN ENQUIRY AND DETERMINE THE EXTENT OF LAND TO WHICH THE PETITIONER IS ENTITLED AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has sought for direction to the second respondent – Committee for Regularization of Unauthorized Occupation of Lands (hereinafter referred to as the Committee for brevity), Kundapura Taluk, to hold an enquiry and determine the extent of land to which the petitioner is entitled to and for direction to respondent Nos.1 and 2 to pass an order on the application in NCRCR No.54/98-99.
2. The petitioner herein is said to be in unauthorized occupation of land measuring to an extent of 05 cents in Sy. No.83/P situate at Mudoor village, Byndoor hobli, Kundapura Taluk. According to him, the total extent of the land in Sy. No.83 is 25.72 Acres. Out of that, the petitioner is said to be in unauthorized possession of the said 05 cents, where he has put up his dwelling house. It is stated that the petitioner has made an application in Form No.53 seeking regularization of his unauthorized occupation in respect of the said land on 08.07.1999 to the first respondent - Tahasildar.
3. The grievance of the petitioner is that the application filed by him and various other persons are kept pending consideration based on the reports of Village Accountant and Revenue Inspector of Byndooru (Annexures ‘G’ and ‘F’ to the petition) to the effect that the land in respect of which the petitioner herein and seven similarly situated applicants had sought for regularization of unauthorized occupation was reserved for persons belonging to scheduled castes and scheduled tribes. However, similar applications filed by two persons, namely, Sri Bhaskar Shetty and Sri Annappa Poojary, were considered and their unauthorized occupation in respect of 1.72 Acres and 1.80 Acres in Sy. No.83/P was regularized. In that behalf, the petitioner has relied upon copy of the extract of RTC (Annexure ‘E’ to the petition) issued in respect of Sy. No.83/P2 of Mudooru village, Byndooru hobli, Kundapura Taluk, for the year 2014-15, where in column No.9, the name of one Bhaskar shetty, son of Smt.Susheela shetty is shown as the owner of 01 Acre 72 cents and that his name has been mutated vide M.R.No.26/2002-2003 akrama-sakrama 08/08/2002.
4. Heard the learned counsel for the petitioner.
Perused the material on record.
5. At this juncture, learned High Court Government Pleader appearing for respondents would submit that the application, which is filed by the petitioner, would be placed before the second respondent – Committee if and when the same is constituted. Thereafter, the Committee would consider and dispose of the application of the petitioner subject to the right and entitlement of the petitioner to seek regularization of the aforesaid land.
6. The aforesaid submission of learned High Court Government Pleader is placed on record. It is made clear that till the application of the petitioner is disposed of by the second respondent – Committee, his possession in respect of the land measuring to an extent of 05 cents in Sy. No.83/P of the said Mudoor village shall not be disturbed by the respondent - authorities. With such observations, this Writ Petition is disposed of.
7. Learned High Court Government Pleader is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma