IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.30983/2019(KLR-LG) BETWEEN:
1. YARAPPA S/O MUNIYAPPA AGED ABOUT 58 YEARS R/AT KAMANDAHALLI VILLAGE, VEMAGAL HOBLI KOLAR TALUK - 563 101.
2. MANJUNATH S/O YARAPPA AGED ABOUT 28 YEARS R/AT KAMANDAHALLI VILLAGE, VEMAGAL HOBLI KOLAR TALUK - 563 101.
3. LAKSHMIDEVAMMA W/O YARAPPA ABED ABOUT 50 YEARS R/AT KAMANDAHALLI VILLAGE, VEMAGAL HOBLI KOLAR TALUK - 563 101.
4. KRISHNAPPA S/O CHIKKA BYAPPA AGED ABOUT 61 YEARS R/AT KAMANDAHALLI VILLAGE, VEMAGAL HOBLI KOLAR TALUK - 563 101.
5. CHALAPATHI MANJUNATH S/O CHALAPATHI AGED ABOUT 46 YEARS R/AT KAMANDAHALLI VILLAGE, VEMAGAL HOBLI KOLAR TALUK - 563 101.
6. YASHODHAMMA D/O S. NARAYANAPPA AGED ABOUT 40 YEARS R/AT KAMANDAHALLI VILLAGE, VEMAGAL HOBLI KOLAR TALUK - 563 101.
... PETITIONERS (BY SRI. GOWTHAMDEV C ULLAL, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPLE SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING BENGALURU - 560 002.
2. DEPUTY COMMISSIONER KOLAR SUB-DIVISION KOLAR - 563 101.
3. ASSISTANT COMMISSIONER KOLAR SUB-DIVISION KOLAR - 563 101.
4. TAHSILDAR KOLAR TALUK KOLAR - 563 101.
5. UNAUTHORIZED OCCUPATION & SAGUVALI REGULARIZATION COMMITTEE REPRESENTED BY ITS SECRETARY TAHSILDAR, KOLAR TALUK - 563 101.
... RESPONDENTS (BY SRI. Y.D. HARSHA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER FOR GRANT OF LAND BY THE R-5 COMMITTEE AS PER THE ORDERS OF THIS HON'BLE COURT IN WRIT PETITON NO.53455 OF 2018 DATED: 03.04.2019 VIDE ANNEXURE-R.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned AGA is on advance on behalf of respondents. The prayer sought for in the petition relates to direction being issued to respondents to consider the case of petitioner for grant of land by fifth respondent committee as per the order dated 03.04.2019 passed by this Court in W.P.No.53455/2018 and connected matters vide Annexure-R.
2. This Court while considering the claim of petitioners had passed the following order:
“4. Placing the said submission of the learned AGA on behalf of respondents, these writ petitions are disposed of by directing the respondents to place the applications of the petitioners before the sixth respondent Committee as and when the same is reconstituted and the said sixth respondent shall decide the applications of the petitioners in accordance with law.”
3. In the light of direction already having been issued to place the applications of petitioners before “Unauthorised Occupation And Saguvali Regularization Committee”, issuing of further direction to said Committee to decide the said application in accordance with law does not arise and it is needless to state that as and when the Committee is constituted said Committee shall examine the applications of petitioners on merits. No opinion is expressed on the merits of claim. Accordingly, writ petition stands disposed of.
SD/- JUDGE DR