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NC: 2024:KHC:12839
WP No. 9384 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 9384 OF 2024 (KLR-REG)
BETWEEN:
VENKATESH B,
S/O BYLLAVENKATAPPA,
AGED ABOUT 62 YEARS,
HURALICHIKKANA HALLI VILLAGE,
THARABANA HALLI POST,
BANGALORE NORTH TALUK - 577 217.
…PETITIONER
(BY SRI. SUNEEL S. NARAYAN, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY UNDER SECRETARY,
DEPT. OF REVENUE,
Digitally signed
by
EDUCATION 2ND GATE, 6TH FLOOR,
DHARMALINGAM
Location: HIGH M.S. BUILDING, DR. AMBEDKAR VEEDHI,
COURT OF
KARNATAKA BANGALORE - 560 001.
2. DEPUTY COMMISSIONER,
BANGALORE NORTH DISTRICT,
KANDAYA BHAVANA,
BANGALORE - 560 001.
3. ASSISTANT COMMISSIONER,
BANGALORE SUB-DIVISION,
KANDAYA BHAVANA,
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WP No. 9384 of 2024
BANGALORE - 560 003.
4. THASILDAR,
BANGALORE NORTH TALUK,
KANDAYA BHAVANA,
BANGALORE - 560 003.
5. THE CHAIRMAN,
AKRAMA SAKRAMA REGULARIZATION COMMITTEE,
BANGALORE NORTH TALUK,
KANDAYA BHAVANA,
BANGALORE - 560 003.
…RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO i) CALL FOR
RECORDS FROM THE RESPONDENTS, DIRECTING THE 3RD,
4TH AND R5 HEREIN TO CONSIDER THE APPLICATION UNDER
FORM 50 AND 53 FILED BY THE PETITIONER DATED
14/08/1991 AND 10/12/1998 FILED FOR REGULARIZATION OF
HIS UNAUTHORIZED CULTIVATION OF LAND BEARING SY. NO.
69 MEASURING 1 ACRE 20 GUNTAS SITUATED
HURALLICHIKKANA HALLI VILLAGE, HESARAGHATTA HOBLI,
YELAHANKA TALUK, BANGALORE VIDE ANNEXURE-A AND B
AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:12839
WP No. 9384 of 2024
ORDER
R.DEVDAS J., (ORAL):
Learned Additional Government Advocate is directed
to take notice for all the respondents.
2. It is the grievance of the petitioner that his
applications filed in Form Nos.50 and 53 in the year 1991
and 1998 seeking regularization of unauthorized
occupation have not been considered by respondent No.4-
Tahsildar, Bengaluru North Taluk, Kandaya Bhavana and
no orders have been passed by the Committee for
Regularization of Unauthorized Occupation. The prayer
therefore, is to direct the respondent authorities to
consider the representation given by the petitioner and
pass orders within a time frame. In the meanwhile, it is
also prayed that the respondent authorities should be
directed not to disturb peaceful possession of the
respective properties till the consideration of the
applications.
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WP No. 9384 of 2024
3. Learned Additional Government Advocate
submits that respondent No.4-Tahsildar, shall verify from
records as to whether such an application has been filed
by the petitioner and if so, the application will be
considered and disposed of within a time frame fixed by
this Court.
4. Consequently, the writ petition stands
disposed of with a specific direction to respondent No.4-
Tahsildar, Benglauru North Taluk, to place the applications
of the petitioner along with his recommendation before the
Committee for Regularization of Unauthorized Occupation
within a period of two months from the date of receipt of a
copy of this order. The committee shall thereafter consider
the applications and pass necessary orders as
expeditiously as possible and at any rate within a period of
two months from the date when which the applications
would be placed by the Tahsildar before the Committee.
Needless to observe that till the disposal of the application
by the Committee for Regularisation of Unauthorised
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WP No. 9384 of 2024
occupation, the petitioner shall not be dispossessed from
the land in question.
Ordered accordingly.
Learned Additional Government Advocate is
permitted to file memo of appearance within a four week
from today.
Sd/-
JUDGE
rv
List No.: 1 Sl No.: 11
CT: BHK