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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21^ST DAY OF NOVEMBER, 2019

BEFORE

THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR

WRIT PETITION No.4750 OF 2018 (KLR-REG)

BETWEEN :

SHRI. L. NAGARAJU

S/O SHRI. LAKSHMANA (LATE)

AGED ABOUT 45 YEARS

R/O BALANAKATTE, SY. NO.120

KASABA HOBLI

BEHIND RUDRAIAH CHOULTRY

TUMKURU …PETITIONER

(BY SHRI. K. NATARAJ BABA FOR

SHRI. SHANMUKHAPPA, ADVOCATES)

AND :

1.

THE STATE OF KARNATAKA

REVENUE DEPARTMENT

REPRESENTED BY ITS

PRINCIPAL SECRETARY

M.S.BUILDING

AMBEDKAR VEEDHI

BENGALURU-560 001

2.

THE DEPUTY COMMISSIONER

TUMKURU DISTRICT

TUMKURU-572 112

3.

THE TAHSILDAR

TUMKURU TALUK

TUMKURU-571 112

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4.

COMMITTEE FOR REGULARIZATION

OF UNAUTHORIZED CULTIVATION

TUMKURU-572 112

BY ITS CHAIRMAN ... RESPONDENTS

(BY SHRI. Y.D. HARSHA, AGA)

. . . .

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

PROCEEDINGS

DATED

NIL

OF

THE

4^TH

RESPONDENT

VIDE

ANNEXURE-A AND THE ENDORSEMENT DATED 03.10.2017 BEARING

NO.LND/RUC/CR/02/2017-18 ISSUED BY THE 3^RD RESPONDENT VIDE

ANNEXURE-B.

THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE

COURT MADE THE FOLLOWING:

ORDER

Heard Shri Nataraj Baba K., learned advocate for the

petitioner and Shri Y.D.Harsha, learned AGA for the State.

2. Petitioner is aggrieved by endorsement dated

3^rd October 2017 issued by the Tahsildar, Tumkur, rejecting

his application for regularization of unautorised occupation.

It is recorded in the endorsement that land bearing Survey

No.120 situated in Kasaba Hobli, Tumkur Taluk, is near to

the bus stand, Prashanth cinema theatre and Savithramma

Choultry. It is further recorded that there are commercial

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and Government buildings in the vicinity and the entire area

is now a commercial place. It falls within the limits of City

Corporation. For the aforesaid reasons, Tahsildar has

rejected petitioner’s request for regularization.

3.

Shri

Nataraj

submitted

that

the

impugned

endorsement is passed without notice to the petitioner.

However, to a pointed question by this Court, learned

advocate for petitioner, in his usual fairness, did not

dispute the facts recorded in the endorsement that land

falls in the commercial area and City Corporation limits of

Tumkur.

4. Learned AGA submitted that in view of Section

94-A(4) of the Karnataka Land Revenue Act, a land in

unauthorised occupation cannot be regularised if it is within

5 kms. from City Municipality. In view of undisputed facts,

no exception can be taken to the impugned endorsement.

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5. Resultantly, this writ petition fails and it is

accordingly dismissed. No costs.

Sd/-

JUDGE

Yn.