IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.9550 OF 2018 (KLR-REG) BETWEEN:
Udaya Shankar, Son of Late Shiva Lingappa, aged about 54 years, Residing at:
Bommanayakanahalli Post, Maluru Hobli, Channapatna Taluk, Ramnagara District. … Petitioner (By Sri H.P.Mudlappa, Advocate) AND:
1. The State of Karnataka, By its Revenue Secretary to Government, M.S. Buildings, Bengaluru-560 001.
2. The Deputy Commissioner, Mandya District, Mandya-571 401.
3. The Assistant Commissioner, Mandya Sub-Division, Mandya-571 401.
4. The Tahasildar, Maddur Taluk, Maddur-571 428, Mandya District.
5. The Revenue Inspector of Kesthur Village, Office of the Tahasildar, Maddur-571 428, Mandya District.
6. The Village Accountant of Kesthur Village, Office of the Tahasildar, Maddur-571 428, Mandya District.
7. The Taluk Surveyor of Kesthur Village, Office of the Tahasildar, Maddur-571 428, Mandya District.
8. Shri.D.C.Thamanna, MLA, Chairman, Land Grant Committee of Regularisation of unauthorized occupation of Deleted Agricultural land, v/o dated No.2421, 1st Main Road, 31.8.18 Vijayanagara 2nd Stage, Bengaluru-560 040. … Respondents (By Sri.Venkatesh Dodderi, AGA) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to call for records pertaining to Sy.No.107/93, land measuring 2 acres of Kesthur Village, Authagur Hobli, Maddur Taluk from the Tahasildar-5th respondent, Maddur Taluk, Maddur, Mandya District, forthwith, etc., This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER This writ petition is filed seeking a writ of mandamus to direct respondents No.1 to 7 to consider the application of the petitioner filed in Form No.53 on 28.4.1998-99 vide Annexure ‘A’, which is followed by a Reminder dated 31.12.2003 vide Annexure ‘A1’, which according to the petitioner were filed seeking regularization or grant the land measuring to an extent of 2 acres in Sy.No.107/93 of Kesthur Village, Authagur Hobli, Maddur Taluk, Mandya District.
2. The annexures ‘A’ & ‘A1’, which are filed along with the writ petition are typed copies. They do not indicate the date on which the said applications were filed before the authorities. There is no acknowledgement on which date the applications were submitted and before whom. In the absence of the same, it is difficult to believe that an application vide annexure ‘A’ was submitted to the authorities on 28.4.1999 as stated in the said application, which is followed by another reminder said to have been filed on 31.12.2003.
3. Further, when the said application was looked into, the applicant by name Udaya Shankar and petitioner herein, aged about 35 years as on the date of filing of application, as could be seen in column No.2 of the said application. However, at column No.9, where, he is required to show the Court that from how many years he is holding the said land under cultivation, prior to filing of the application. It would indicate that he has been cultivating the land in question for the past 60 years.
4. In that view of the matter, having observed that in the absence of proof of filing of application by the petitioner and also with reference to the error in describing the length of time for which he was holding the said land, it is seen that the same cannot be entertained even for issuance of Mandamus to consider the said application.
Accordingly, this writ petition is dismissed.
Sd/- JUDGE cp*