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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE P.B. BAJANTHRI

WRIT PETITION NO.10631/2014 (KLR-RES)

BETWEEN:

1.

GIRIJAMMA

W/O LATE SANJEEV SHETTY

AGED ABOUT 68 YEARS

SENIOR BENEFIT OR NOT CLAIMED.

2.

VIJAYA

S/O LATE SANJEEV SHETTY

AGED ABOUT 43 YEARS

3.

SMT. RATNA

W/O RAJEEVA SHETTY

AGED ABOUT 39 YEARS

4.

JAYARAM SHETTY

S/O L. SANJEEV SHETTY

AGED ABOUT 32 YEARS

5.

SMT. JAYALAKSHMI

W/O PRAKASH SHETTY

AGED ABOUT 32 YEARS

6.

SANDESH

S/O SANJEEV SHETTY

AGED ABOUT 28 YEARS

ALL ARE R/AT ULTHOOR, AME,AME

ULTHURU VILLAGE,

KUNDAPURA TALUK,

UDUPI DISTRICT - 576 231.

… PETITIONERS

(BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)

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AND:

1.

DEPUTY COMMISSIONER

UDUPI DISTRICT,

UDUPI - 576 101

2.

AKRAMA SAKRAMA SAMITHI

REPRESENTED BY ITS CHAIRMAN

ASSISTANT COMMISSIONER

KUNDAPURA SUB-DIVISION

UDUPI DISTRICT - 576 101

3.

TAHASHILDAR

KUNDAPURA TALUK

UDUPI DISTRICT - 576 101

... RESPONDENTS

(BY SRI. SRINIVASA GOWDA, AGA FOR R1 TO R3)

THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED

18.11.2013 IN NCR/SR/17/05-06 PASSED BY R-1 VIDE ANNX-A AND

THE ORDER DATED 26.02.1999 IN NCR NO.21233/91 PASSED BY R-2

COMMITTEE VIDE ANNX-B AND ETC.,

THIS PETITION COMING ON FOR PRELIMINARY HEARING - B

GROUP

PHYSICAL

HEARING/VIDEO

CONFERENCING

HEARING

(OPTIONAL), THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

In the instant petition, petitioners have prayed for the

following reliefs:-

a)

Issue a writ in the nature of certiorari

and quash the order

dated

18.11.2013

in

NCR/SR/17/05-06 passed by respondent No.1

vide

Annexure-A

and

the

order

dated

26.02.1999 in NCR No.21233/91 passed by

respondent No.2-Committee vide Annexure-B.

b)

Issue a writ in the nature of certiorari

and quash the notice

or

proceedings

dated

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21.02.2014

in

NCR

56/13-14

passed

by

respondent No.3 vide Annexure-C

c)

Issue any other writ, order or direction

and such other order or direction as this Hon'ble

Court may deems fit to grant in the facts and

circumstances of the case.

2.

Petitioners filed Form No.50 of the Karnataka

Land

Revenue

Act,

1964

for

regularization

of

the

unauthorized occupation of land before the Tahasildar,

Kundapura Taluk, Udupi District. The Deputy Commissioner,

Udupi District, Udupi rejected the petitioners' grievance

under Section 49(a) of the Karnataka Land Revenue Act,

1964 read with Rule 108-D(6) of the Karnataka Land

Revenue Rules, 1966.

3.

Short question for consideration is "Whether

petitioners had filed Form No.50 of the Karnataka Land

Revenue Act, 1964 or not?

The Deputy Commissioner, Udupi District, Udupi in its

order dated 18.11.2013 has given a finding that petitioners

have not furnished Form No.50 as is evident from records.

However, perusal of Annexure-B namely extract of inward

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register, Sri.Sanjeeva Shetty name appears vide No.21233

and that apart endorsement dated 26.02.1999. Further,

proceedings of the Tahasildar, Kundapura Taluk, Udupi

District dated 21.02.2014 cited in reference No.1 suffice to

demonstrate that petitioners did submitted Form No.50.

Thus, Deputy Commissioner, Udupi District, Udupi has erred

to take note of the aforesaid documents.

4.

In view of these facts and circumstances,

petitioners have made out case so as to interfere with

Annexures-A, B and C. Accordingly, impugned order dated

18.11.2013 (Annexure-A) passed by Deputy Commissioenr,

Udupi District, Udupi, order dated 26.02.1999 (Annexure-B)

passed by Akrama Sakrama Samithi and order dated

21.02.2014 (Annexure-C) passed by Tahasildar, Kundapura

Taluk, Udupi District stands set aside, writ petition stands

allowed. Matter is remanded to the Deputy Commissioner,

Udupi District, Udupi to decide the grievan