IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL WRIT PETITION NO.31763/2017 (KLR – LG) Between:
Sri.Venkatappa S/o Byrappa Aged about 63 years, Residing at Samandur Gandhinagar, Kasaba Hobli, Anekal Taluk – 562 106.
Bangalore Urban District.
(By Sri.Vijayakumar.L, Advocate) And:
1. The State of Karnataka Represented by its Principal Secretary Department of Revenue, Multi Storied Building, Bangalore.
2. The Land Grant Committee Anekal Taluk – 562 106. Bangalore Urban District.
… Petitioner 3. The Tahsildar Anekal Taluk – 562 106. Bangalore Urban District.
(By Smt.Pramodini Kishan, AGA) …Respondents This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to direct respondent Nos.2 and 3 to consider the petitions / applications filed at Annexure – A and D by the petitioner for grant of land bearing Sy.No.240 measuring 2 acres, situated at Samandur Village, Kasaba Hobli, Anekal Taluk, Bangalore Urban District and etc.
This Writ Petition coming on for preliminary hearing this day, the Court made the following:
ORDER Petitioner claims to be in unauthorized occupation of 2.00 acres of land comprised in Survey No.240 situated at Samandur Village, Kasaba Hobli, Anekal Taluk, Bangalore Urban District. He claims to have filed an application in Form No.50 seeking regularization of his unauthorized occupation of the Government land. He asserts that he has also filed Form No.53.
2. The grievance made by petitioner is that, his application has not been considered and no order has been passed by the Land Grant Committee constituted for Anekal Taluk. Petitioner has produced xerox copy of the application filed in Form No.50 as per Annexure – A.
It bears the seal of the office of the Tahsildar, Anekal Taluk.
3. Learned AGA on instructions from respondent No.3 - Tahsildar, Anekal Taluk submits that in the Registry maintained by the Tahsildar no entries were found in this regard, however after due verification appropriate communication would be issued to the petitioner and in case it is found that an application in Form No.50 has been duly filed, the same will be considered in accordance with law.
4. Placing the submission of learned AGA on record this writ petition is disposed of. A direction is issued to the Tahsildar to verify if petitioner has duly filed an application under Form No.50 or Form No.53 in the office of the Tahsildar seeking regularization of unauthorized occupation of the land bearing Survey No.240 measuring 2.00 acres situated at Samandur Village, Kasaba Hobli, Anekal Taluk, Bangalore Urban District. If such an application is duly filed, the Tahsilar is directed to scrutinize the same and place it for consideration before respondent No.2 as per law. If no application is filed by the petitioner then a communication in this regard shall be sent to the petitioner within a period of six weeks from the date of receipt of copy of the order.
Learned AGA is permitted to file memo of appearance within three weeks.
Ordered accordingly.
Sd/- JUDGE UN/AKV