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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29^TH DAY OF SEPTEMBER, 2020

BEFORE

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

WRIT PETITION NO.10580/2020 (KLR-REG)

BETWEEN:

1.

SMT. PARVATHAMMA

W/O KARIYAPPA,

AGED ABOUT 57 YEARS,

OCC: AGRICULTURE,

R/O HADIKERE VILLAGE,

AMRUTHAPURA HOBLI,

TARIKERE TALUK,

CHIKMAGALUR DISTRICT-577 228.

2.

SMT. ANUSUYAMMA

D/O GEETAMMA,

AGED ABOUT 62 YEARS,

OCC: AGRICULTURE,

R/O HADIKERE VILLAGE,

AMRUTHAPURA HOBLI,

TARIKERE TALUK,

CHIKMAGALUR DISTRICT-577 228.

3.

SRI KRISHNAPPA

S/O SANNA KARIYAPPA,

AGED ABOUT 67 YEARS,

OCC: AGRICULTURE,

R/O HADIKERE VILLAGE,

AMRUTHAPURA HOBLI,

TARIKERE TALUK,

CHIKMAGALUR DISTRICT-577 228.

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4.

SRI CHANDRASHEKARAPPA

S/O VENKATARAMAIAH,

AGED ABOUT 42 YEARS,

OCC: AGRICULTURE,

R/O HADIKERE VILLAGE,

AMRUTHAPURA HOBLI, TARIKERE TALUK,

CHIKMAGALUR DISTRICT-577 228.

5.

SMT. NINGAMMA

W/O GOVINDAPPA

AGED ABOUT 62 YEARS,

OCC: AGRICULTURE,

R/O HADIKERE VILLAGE,

AMRUTHAPURA HOBLI,

TARIKERE TALUK,

CHIKMAGALUR DISTRICT-577 228.

6.

SRI KANTHARAJU

S/O HANUMANTHAPPA,

AGED ABOUT 52 YEARS,

OCC: AGRICULTURE,

R/O HADIKERE VILLAGE,

AMRUTHAPURA HOBLI,

TARIKERE TALUK,

CHIKMAGALUR DISTRICT-577 228

...PETITIONERS

(BY SRI K.S. GANESHA, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

BY ITS SECRETARY,

DEPARTMENT OF REVENUE,

M.S. BUILDINGS,

BANGALORE-560 001.

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2.

THE DEPUTY COMMISSIONER

CHIKMAGALUR DISTRICT,

CHIKMAGALUR-577 101.

3.

THE SECRETARY

LAND GRANT COMMITTEE,

TARIKERE TALUK OFFICE, TARIKERE,

CHIKMAGALUR DISTRICT-577 228.

4.

THE TEHSILDAR

TARIKERE TALUK, TARIKERE,

CHIKMAGALUR DISTRICT-577 228.

5.

THE RANGE FOREST OFFICER

TARIKERE DIVISION,

DEPARTMENT OF FORESTS, TARIKERE,

CHIKMAGALURU DISTRICT-577 228.

…RESPONDENTS

(BY SRI M. VINOD KUMAR, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO

DIRECT THE R-1 TO 4 TO DISPOSE OFF THE FORM NO.53

FILED BY THE PETITIONERS, PENDING BEFORE IT IN

ACCORDANCE WITH LAW AT THE EARLIEST; DIRECT THE

R-5 NOT TO MEDDLE WITH THE POSSESSION AND

ENJOYMENT OF THE LANDS IN THE POSSESSION AND

ENJOYMENT OF THE PETITIONERS TILL THEIR CLAIM HAS

BEEN ADJUDICATED BY R-1 TO 4.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING THIS DAY, THROUGH VIDEO CONFERENCE, THE

COURT MADE THE FOLLOWING:

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O R D E R

Petitioners have filed an application in Form No.53 for

regularization of unauthorized occupation in respect of land

bearing Sy.No.187 measuring 4.20 acres situated in Hadikere

Village, Amruthapura Hobli, Tarikere Taluk. They approached

this Court in WP No.40825/2013 and WP Nos.11105 –

11109/2015 (DD 19.3.2015) seeking for a direction to the

Land Grant Committee, Tarikere to dispose of the application

in Form No.53. This Court by order dated 19.3.2015 disposed

of the writ petitions directing the Regularization Committee to

dispose of the said application in accordance with law and as

expeditiously as possible and in any case within an outer limit

of six months.

2.

Respondent No.1 has issued an endorsement

dated 30.9.2018 stating that the application in Form No.53

filed by the petitioners will be considered after constitution of

the Regularization Committee. Petitioners’ grievance is that

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even today, the application in Form No.53 has not been

considered.

3.

Learned counsel for the petitioners submits that

respondents are under an obligation to consider the

application in Form No.53 filed by the petitioners.

4.

Learned

Additional

Government

Advocate

appearing for the respondents submits that the application

filed by the petitioners will be considered after Regularization

Committee is reconstituted within a period of six months from

the date of re-constitution of Regularization Committee.

5.

The

submission

of

the

learned

Additional

Government Advocate is place