IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 23RD DAY OF MARCH, 2017 BEFORE THE HON'BLE Mr.JUSTICE RAVI MALIMATH WRIT PETITION NOs.9887-9888/2017 (KLR-REG) BETWEEN:
1. BHARMAPPA, S/O BASAPPA, AGED 66 YEARS, OCCUPATION: AGRICULTURIST, YELIWALA VILLAGE, ANAVATTTI HOBLI, SORABA TALUK - 577 429 SHIVAMOGGA DISTRICT 2. CHANNABASAPPA S/O GUTHYAPPA, AGED 55 YEARS OCCUPATION: AGRICULTURIST, YELIWALA VILLAGE, ANAVATTTI HOBLI, SORABA TALUK - 577 429 SHIVAMOGGA DISTRICT. ... PETITIONERS (By Sri S.V.PRAKASH, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 201.
3. THE ASSISTANT COMMISSIONER SAGAR SUB DIVISION, SAGAR - 577 401.
4. THE TAHASILDAR SORABA TALUK - 577 429 SHIVAMOGGA DISTRICT.
5. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION OF CERTAIN GOVERNMENT LANDS, SORABA TALUK - 577 429 REPRESENTED BY ITS SECRETARY THE TAHASILDAR, SORABA TALUK, SHIVAMOGGA DISTRICT.
...RESPONDENTS (By Smt. PRMODHINI KISHAN, HCGP) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO PLACE THE APPLICATIONS FILED BY THE PETITIONERS VIDE ANNEXURES-C TO E DATED 29.09.2016 & 21.11.2016 RESPECTIVELY, SEEKING GRANT OF THE LANDS IN THEIR UNAUTHORIZED OCCUPATION UNDER SECTION 94-B OF KARNATAKA LAND REVENUE ACT, BEFORE THE R-5 AND TO DIRECT THE R-5 TO CONSIDER AND DISPOSE OF THE SAID APPLICATIONS IN ACCORDANCE WITH LAW AS EXPEDITIOUSLY AS POSSIBLE.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt.Pramodhini Kishan, HCGP takes notice for respondents.
2. Petitioners seek for a writ of mandamus to consider the applications vide Annexures – ‘C’ to ‘E’ dated 29.09.2016 and 21.11.2016 respectively, seeking regularization.
3. Learned HCGP submits that if the applications are in time and authentic, subject to the Rules and Regulations, the same will be considered in accordance with law.
4. The submission of the learned HCGP is noted.
Respondent No.5 is directed to consider the applications vide Annexures – ‘C’ to ‘E’ dated 29.09.2016 and 21.11.2016 respectively, provided it is in time and authentic, and thereafter, pass appropriate orders in accordance with law. Till the applications are considered, the petitioners shall not be dispossessed from the lands in question.
Petitions are accordingly disposed off.
Smt.Pramodhini Kishan, HCGP to file memo of appearance within four weeks.
SD/- JUDGE dh