Authorities are duty-bound to consider and decide upon applications for regularization of unauthorized occupation of land before initiating eviction proceedings against the occupant.

Digitally signed by DEPARTMENT OF REVENUE

ARUNKUMAR M S

Location: HIGH COURT OF KARNATAKA

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.4 AND 5 AND THE OTHER RESPONDENTS TO CONSIDER THE APPLICATION OF THE PETITIONER DATED 31.12.1998 AS PER ACKNOWLEDGMENT PRODUCED AT ANNEXURE-A AND HIS FINAL REPRESENTATION DATED 20.01.2026 WHICH IS PRODUCED AT ANNEXURE-F FOR GRANT OF SCHEDULE PROPERTY TO HIM WITHIN THE TIME LIMITS THAT MAY BE FIXED BY THIS HON'BLE COURT.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

Learned High Court Government Pleader takes notice for all the respondents.

2. Learned Counsel for the petitioner submits that the petitioner has filed an application in Form No.53 on 31.12.1998 seeking regularization of unauthorized occupation as can be seen from Annexure-A, which is a copy of the acknowledgment. However, till date no orders have been passed on the application filed by the petitioner.

3. The prayer in the writ petition is to issue writ of mandamus directing the respondent-authorities to consider the application filed by the petitioner seeking regularization of unauthorized occupation of 5.00 Acres of land in Sy.No.35 of Hulagathuru Village, Yasaluru Hobli, Sakaleshpura Taluk, Hassan District and till consideration, direct the respondents not to interfere with the peaceful possession and enjoyment of the petition schedule property.

4. Having regard to the contentions raised in the writ petition and submission of the learned Counsel for the petitioner, this Court is of the considered opinion that respondent No.4-Tahsildar was duty bound to place the application filed by the petitioner before the ‘Committee for Regularization of Unauthorized Occupation’ and the Committee was also duty bound to consider the application and pass necessary orders. That exercise not having been taken by the respondent authorities, the respondents cannot evict the petitioner without consideration of the application of the petitioner.

5. Consequently, the writ petition stands disposed of with a specific direction to respondent No.4-Tahsildar, Sakaleshpura Taluk to verify from the records as to whether such an application in Form No.53 filed by the petitioner on 31.12.1998, is pending consideration. If it is found that such application was indeed filed by the petitioner and the application is yet to be considered, the respondent-Tahsildar is directed to place before the ‘Committee for Regularization of Unauthorised Occupation’ the application along with his recommendation within a period of two months from the date of receipt of a copy of this order. Thereafter, the Committee shall consider the application and pass necessary orders in accordance with law as expeditiously as possible and at any rate within a period of two months thereafter.

Ordered accordingly.

6. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today.