IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.33461 OF 2017 (KLR-LG) BETWEEN:
VALLI MONIS S/O JERMY MONIS AGED ABOUT 57 YEARS R/A LINGAPURA VILLAGE AREHALLI POST BELUR TALUK HASAN DISTRICT – 587114.
(BY SMT. VIJAYA .M.N - ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT M.S. BUILDING DR. AMBEDKAR VEEDHI BANGALORE – 560001.
2. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPANTS OF LANDS, SAKALESHPURA TALUK HASSAN DISTRICT-577135 BY ITS SECRETARY.
3. THE TASILDAR SAKALESHPURA TALUK ... PETITIONER SAKALESHPURA HASSAN DISTRICT-577135.
... RESPONDENTS (BY SRI. T.S. MAHANTESH – AGA FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 AND R-3 TO CONSIDER THE REPRESENTATION GIVEN BY THE PETITIONER AS PER ANNEX-G DATED 01.09.1997 AND ANNEX-H DATED 31.3.2003 VIDE ANNEX-J DATED 18.10.2016 AND ANNEX- K DATED 13.3.2017 AND DIRECT THE R-3 TO ISSUE GRANT CERTIFICATE AS REQUEST MADE BY THE PETITIONER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner herein is before this court for the second time seeking direction to authorities to consider his representation vide Annexures “G”, “H”, “J” and “K”.
2. It is seen from the records that the petitioner has approached the authorities by filing an application in Form No.50 seeking regularization of his alleged unauthorized occupation in respect of 4 acres 35 guntas in Sy.No.105 of Kesaguli village, Sakaleshpura Taluk. According to him, he has developed coffee plantation on the aforesaid land.
Though his application is filed long prior to 1997, the same was not considered. Hence, he approached this court in W.P.No.16928/1997 which came to be disposed of by order dated 11.07.1997. In the said order, a co-ordinate bench of this court directed the Committee for regularization of unauthorized occupants of lands, Belur Taluk, Hassan District, which was second respondent in the said proceedings to consider the application of the petitioner and to dispose of the same, in accordance with law. Thereafter, it is stated that nothing was done. Hence, this writ petition is filed.
3. However, when this writ petition is taken up for consideration today, as per the order of this court dated 14.03.2019 passed in this writ petition, learned Addl. Government Advocate has secured the presence of Tahsildar of Sakleshwar Shri Rakshit K.R. The said person is before this court along with the register containing proceedings of regularization of unauthorized occupants of lands which are filed under Form No.50. In the said register, it is seen that proceedings were conducted on 27.11.1998 where the Committee by taking into consideration the order passed by co-ordinate bench of this court in W.P.No.16928/1997, conducted an inspection of the land bearing Sy.No.105 of Kesaguli village and has come to the conclusion that in the said land, the petitioner herein is not in possession and instead, some other persons namely Kenche Gowda S/o. Ramegowda and L.M. Shaila, D/o. Manjunath are in cultivation and enjoyment. Accordingly, the application of the petitioner is dismissed.
4. Though a decision is taken on that day, there is nothing on record to show that the same is communicated to the petitioner, which has resulted in this writ petition. However, in the fact situation, this court is of the considered opinion that when the application is dismissed way back in the year 1998, question of issuing any direction to consider the said application does not arise. Accordingly, this petition is dismissed as having become infructuous.
Sd/- JUDGE KS