Digitally signed

by YASHODA K L

Location: High Court Of Karnataka

THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE 3RD RESPONDENT TO CONSIDER THE REPRESENTATION TO PLACE THE CLAIM OF PETITIONER IN FORM NO.57 FOR REGULARIZATION OF HIS UNAUTHORIZED CULTIVATION OF THE LAND IN SY.NO.2 MEASURING AN EXTENT OF 4 ACRE 38 GUNTAS OF LAND SITUATED AT KATTAYA KAVALU VILLAGE, AND SEERAJEBORE KAVALU, KASABA HOBLI, HASSAN TALUK, AND TO TAKE ALL NECESSARY STEPS IN TERMS OF RULES-108 D OF THE KARNATAKA LAND REVENUE RULES. ANNEXURE-B, DATED 02.12.2023.

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 accepts notice for all the respondents.

2. The grievance of the petitioner is that her application filed in Form No.57 on 08.05.2023 seeking regularization of unauthorised occupation of land measuring 4 acres 38 guntas in Sy.No.2 of Kattaya Kavalu Village, Seerajebore Kavalu, Kasaba Hobli, Hassan Taluk and District has not been considered till date. Therefore, the prayer in the petition is to direct the respondents to consider the said application.

3. 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 respondent No.3- ‘Committee for Regularization of Unauthorized Occupation’ and the Committee was also duty bound to consider the application and pass necessary orders.

4. The writ petition stands disposed of with a specific direction to respondent No.4-Tahsildar, Hassan Taluk, to verify from the records as to whether such application filed by the petitioner in the year 2023 is pending consideration. If it is found that such an application was indeed filed by the petitioner and the application are yet to be considered, the Tahsildar is directed to place before respondent No.3- Committee for regularisation 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, respondent No.3-Committee shall consider the said application and pass necessary orders in accordance with law as expeditiously as possible and at any rate within a period of two months.

Ordered accordingly.

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