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2010 Supreme(Kar) 40

ASHOK B.HINCHIGERI
Ratnamma – Appellant
Versus
Deputy Commissioner, Bangalore Rural District, Bangalore – Respondent


Advocates Appeared:
For the Petitioners:K.G. Sadashivaiah, Advocate.
For the Respondent:K.M. Natraj, Additional Advocate General and Sri R. Omkumar, Additional Government.

Judgment :

The petitioner has called into question the second respondent’s endorsement, dated 11-9-2009 (Annexure-D). She has also sought a writ of mandamus to the respondents to consider her application for the regularisation of unauthorised occupation.

2. The facts of the case in brief are that the petitioner claims to have been unauthorisedly cultivating the land measuring 2 acres at Sy. No. 156 of Hulimangala Village, Jigani Hobli, Anekal Taluk, Bangalore Rural District for over 20 years. It is not in dispute that the land in question is a Government gomal land. She made an application, dated 3-9-1991 (Annexure-B) for the regularisation of her unauthorised occupation of the said land. The respondent 2 has issued an impugned endorsement intimating that the petitioner’s application is rejected, as the land in question comes within a forbidden zone of 18 kilometers from Bruhat Bangalore Mahanagara Palike limits.

3. Aggrieved by the same, this petition is presented.

4. Sri Sadashivaiah, the learned Counsel for the petitioner submits that the impugned endorsement is without jurisdiction. The third respondent has no competence whatsoever, to consider the petitioner’s application. It


























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