SMT. KARIYAMMA v. THE STATE OF KARNATAKA
Case at a glance
Provisions considered
- Constitution of India arts. 226, 227
Key paragraphs
- Para 44. Consequently, the writ petition stands disposed of with a specific direction to respondent No.3-Tahsildar, Hiriyur Taluk, to verify from the records as to whether such applications filed by the petitioners during the years 2019 and 2023, are pending consideration. If it is found that…
Judgment
THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.27120 OF 2025 (KLR-RR/SUR) BETWEEN:
1. SMT. KARIYAMMA W/O. BALANNA AGE 45 YEARS OCC: AGRICULTURE R/AT JUNGAPPANNA HATTI, DINDAVARA JAVAGONDANAHALLI HOBLI, TALUK HIRIYUR DIST. CHITRADURGA – 577 511.
2. SRI BALARAJU D. S/O. DASAPPA AGE 34 YEARS OCC: AGRICULTURE R/AT JUNGAPPANNA HATTI, DINDAVARA JAVAGONDANAHALLI HOBLI, TALUK HIRIYUR DIST. CHITRADURGA. DHARMALINGAM Location: HIGH COURT OF KARNATAKA (BY SMT. RATHNAMMA E., ADVOCATE) AND: …PETITIONERS
THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT M. S. BUILDING BENGALURU – 560 001.
THE DEPUTY COMMISSIONER CHITRADURGA DIST. CHITRADURGA – 577 501. - 2 - NC: 2025:KHC:35259 WP No. 27120 of 2025 HC-KAR
THE TAHSILDAR HIRIYUR TALUK, HIRIYUR DIST. CHITRADURGA – 577 511. (BY SRI V. SESHU, H.C.G.P.) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING TO CONSIDER REPRESENTATIONS VIDE ANNEXURE-E AND F DATED 01.03.2025 AND DATED 04.06.2025 AND RESPECTIVELY FILED BY THE PETITIONERS FOR ISSUANCE OF SAGUVALI CHIT AND REGULARISATION IN THE NAME OF PETITIONERS. THE RESPONDENT NO.3 THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Office objections are overruled. Learned High Court Government Pleader takes notice for all the respondents.
2. It is the contention of the petitioners that they filed applications in Form No.57 between the years 2019 and 2023 seeking regularization of unauthorized occupation of 4 acres of land each in Sy.No.11 of Laya Dasarahalli, Javagondanahalli Hobli, Chitradurga Taluk and District, and their applications have not been considered - 3 - NC: 2025:KHC:35259 WP No. 27120 of 2025 HC-KAR till date. Therefore, the prayer in the petition is to direct the respondent-Tahsildar to consider the representations dated 01.03.2025 and 04.06.2025 at Annexures ‘E’ and ‘F’ of the petitioners.
3. Having regard to the contentions raised in the writ petition and submission of the learned counsel for the petitioners, this Court is of the considered opinion that respondent No.3-Tahsildar was duty bound to place the applications filed by the petitioners before the ‘Committee for Regularization of Unauthorized Occupation’ and the Committee was also duty bound to consider applications and pass necessary orders.
Consequently, the writ petition stands disposed of with a specific direction to respondent No.3-Tahsildar, Hiriyur Taluk, to verify from the records as to whether such applications filed by the petitioners during the years 2019 and 2023, are pending consideration. If it is found that such applications were indeed filed by the petitioners and the applications are yet to be considered, the - 4 - NC: 2025:KHC:35259 WP No. 27120 of 2025 HC-KAR respondent-Tahsildar is directed to place before the ‘Committee for Regularization of Unauthorized Occupation’ the applications along with his recommendation within a period of six weeks from the date of receipt of a copy of this order. Thereafter, the Committee shall consider the applications and pass necessary orders in accordance with law as expeditiously as possible and at any rate within a period of two months thereafter. Learned High Court Government Pleader is permitted to file memo of appearance within a period of one week from today. Ordered accordingly. Sd/- (R DEVDAS) JUDGE JT/- CT:VC
Precedent status how later indexed judgments have treated this case
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