IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF APRIL 2019 BEFORE THE HON’BLE Mr. JUSTICE S.N.SATYANARAYANA WRIT PETITION No.53455 OF 2018 and WRIT PETITION Nos.58244-58248 OF 2018 (KLR-RES) BETWEEN:
1. YARAPPA S/O MUNIYAPPA AGED MAJOR, R/A KAMANDAHALLI VILLAGE VEMAGAL HOBLI KOLAR TALUK – 563 101.
2. MANJUNATH S/O YARAPPA AGED MAJOR R/A KAMANDAHALLI VILLAGE VEMAGAL HOBLI KOLAR TALUK – 563 101.
3. LAKSHMIDEVAMMA W/O YARAPPA AGED MAJOR R/A KAMANDAHALLI VILLAGE VEMAGAL HOBLI KOLAR TALUK – 563 101.
4. KRISHNAPPA S/O CHIKKA BYAPPA AGED MAJOR R/A KAMANDAHALLI VILLAGE VEMAGAL HOBLI KOLAR TALUK – 563 101.
5. CHALAPATHI MANJUNATH S/O CHALAPATHI AGED MAJOR R/A KAMANDAHALLI VILLAGE VEMAGAL HOBLI KOLAR TALUK – 563 101.
6. YASHODHAMMA D/O S.NARAYANAPPA AGED MAJOR R/A KAMANDAHALLI VILLAGE VEMAGAL HOBLI KOLAR TALUK – 563 101. ...PETITIONERS (By Sri GOWTHAMDEV C.ULLAL, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING BENGALURU – 560 002.
2. THE COMMISSIONER KOLAR DISTRICT KOLAR – 563 101.
3. DEPUTY COMMISSIONER KOLAR SUB-DIVISION KOLAR – 563 101.
4. ASSISTANT COMMISSIONER KOLAR SUB-DIVISION KOLAR – 563 101.
5. TAHSILDAR, KOLAR TALUK KOLAR – 563 101.
6. UNAUTHORIZED OCCUPATION AND SAGUVALI REGULARIZATION COMMITTEE, REPRESENTED BY ITS SECRETARY, TAHSILDAR KOLAR TALUK – 563 101. ...RESPONDENTS (By Sri VENKATESH DODDERI, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED: 11.09.2018, 12.09.2018, 03.10.2018 VIDE ANNEXURES-N, P AND Q.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners are seeking writ of mandamus directing the respondents to consider their representations dated 11.09.2018, 12.09.2018 and 03.10.2018, which are at Annexures – N, P and Q.
2. A perusal of the writ petitions along with annexures appended thereto would indicate that each of the petitioners have filed application in Form No.53 seeking regularization of their unauthorized cultivation to the extent referred to in the application filed by each one of them. According to them, the said applications are required to be considered by the sixth respondent Committee, represented by its Secretary, who is the fifth respondent in these proceedings. Their prayer is infact to direct the fifth respondent to place their applications before the sixth respondent Committee for consideration of the same in accordance with law.
3. The learned Additional Government Advocate would submit that as on today, the sixth respondent Committee is not in existence in as much as the same is required to be constituted, which will be considered only after the ensuing elections for Loksabha. Thereafter, as and when the Committee is constituted, applications of the petitioners will be placed before the sixth respondent Committee.
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.
Accordingly, these writ petitions are disposed of.
Sd/- JUDGE DH