This writ petition is filed challenging the order of

the

Assistant

Commissioner,

by

which,

Assistant

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Commissioner

affirmed

the

endorsement

issued

by

Tahsildar, which stated that the land in question was

situated within 18 KM of Bengaluru (BBMP) limits and

pursuant to it, as a reason of which the petitioner claim for

regularization could not be considered.

It is the case of the learned counsel for

petitioner that the Tahsildar had no jurisdiction to issue an

endorsement under Rule 108 CCC(3). On receipt of the

application, the Tahsildar was required to obtain a report

and submit the report along with his recommendations to

the committee and committee was thereafter, required to

take a decision, whereas, in the instant case, Tahsildar

himself has issued an endorsement stating that petitioner

was ineligible for an order of regularization.

Rule 108 CCC (3) reads as follows:

Tahsiildar

shall

thereafter

get

the

application scrutinized and sent with all related

documents to the officer authorized by him for

further verification. On receipt of application

and document from the Tahsildar, the Officer

authorized by him shall make spot inspection,

4

examine the documentary and circumstantial

evidence,

determine

the

eligibility

or

otherwise, record his findings and send a

report to the Tahsildar, who is the Secretary to

the Committee, within three months from the

date of receipt of the documents. On receipt of

the report from the officer, authorized with his

findings, the Tahsildar shall make suitable

recommendation

to

the

Committee

or

Additional Committee as the case may be

within one month from the receipt of the

report.

As could be seen from the said Rule, the

Tahsildar is required to secure a report and submit the

same along with his recommendations to the committee

and Tahsildar himself cannot issue an endorsement saying

that the applicant is ineligible.

It

is

submitted

by

learned

AGA

that

Rule 108 CCC (3) has been since amended and in place of

the committee, Deputy Commissioner is empowered to

examine the said application for regularization. Since in

the instant case, the Tahsildar has committed irregularity

by issuing an endorsement by himself vide Annexure-L, it

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cannot be sustained as the same is impermissible under

law.

5.

Tahsildar shall now place the application before

the Deputy Commissioner along with the report and his

recommendation shall seek the same in accordance with

law and pass an appropriate order.

ORDER

Writ petition is allowed accordingly. Impugned

endorsement is quashed.

The interim status quo order granted in this petition

shall continue till the Deputy Commissioner takes a

decision on the petitioner's application.

The

Deputy

Commissioner

shall

decide

the

application within six months from the date of receipt of

copy of this order.

Sd/-

JUDGE

BH