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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 30^th DAY OF MARCH 2021

BEFORE

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

WRIT PETITION NO.108753 OF 2018 (KLR-REG)

BETWEEN:

1. Sri Shivamurthayya Gangayya Hiremath

Aged about 63 years, Occ: Agriculture

2. Smt. Shantavva Shivamurthayya Hiremath

Aged about 57 years, Occ: Agriculture

3. Sri Lochannayya Gangayya Hiremath

Aged about 54 years, Occ: Agriculture

4. Smt. Suvarna Lochannayya Hiremath

Aged about 48 years Occ: Agriculture

5. Sri Gadagayya Gangayya Hiremath

Aged about 51 years Occ: Agriculture

6. Smt. Roopa Gadagayya Hiremath

Aged about 45 years Occ: Agriculture

7. Sri Shrishankarayya Gangayya Hiremath

Aged about 49 years Occ: Agriculture

8. Sri Jayshanykarayya Gangayya Hiremath

Aged about 45 years Occ: Agriculture

All are residents of

At Post Mulkeri Tq-Shiggaon

Dist. Haveri ...Petitioners

2

(By Sri Sunil S. Desai, Advocate)

AND:

1 .

State of Karnataka

Represented by its Secretary

Department of Revenue

M.S. Building, Bengaluru-01

2 .

Deputy Commissioner

Deputy Commissioner’s Office

Haveri

3 .

Assistant Commissioner

Office of Assistant Commissioner

Savanur Sub-Division, Savanur

4.

The Regularisation of Unauthorised Committee

Represented by its Chairman

Savanur Dist: Haveri

5.

Tashildar

The office of Tashildar

Shiggaon, Dist Haveri

6.

Revenue Inspector

Shundasi Tq: Shiggaon

Dist: Haveri ….Respondents

(By Sri V.S. Kulkarni AGA for R1-R6)

This WP is filed Under Articles 226 And 227 of the

Constitution Of India praying to issue any writ of mandamus or

order or direction, directing the respondents to consider the

application/representation of petitioners dated 5.10.1998 as per

annexure and applications at annexure for regularization of land

R.S.No.9 measuring 9 Acre 31 Gunta Situated at Bhadrapur Village,

in the interest of justice and equity.

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This Writ Petition Coming On for Orders in ‘B’ Group this Day,

the Court made the following:

ORDER

Heard.

2.

Petitioners who are in possession and enjoyment of

land bearing R.S.No.9 measuring 9 acres 31 guntas situated at

Bhadrapur Village, Shiggaon Taluk, Haveri District, have filed

this writ petition seeking for a direction to consider the

representation dated 5.10.1998 at Annexure-B for regularization

of their unauthorized occupancy in respect of land in question.

3.

Petitioners

grievance

is

that

the

said

application/representation is pending for more than 20 years and

the same is not considered even to this day.

4.

Learned Additional Government Advocate submits

that the application filed by the petitioners on earlier occasion

came to be rejected and the same was challenged before this

Court in W.P.No.5321/1997 and this Court by order dated

8.9.1998 directed the petitioner to avail alternative remedy of

appeal provided under the Karnataka Land Revenue Act.

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5.

Learned

counsel

appearing

for

the

proposed

respondent No.7 submits that application is filed by respondent

No.7 before the revenue authorities for regularization of

unauthorized occupation of the very same land in question and

the authority is not considering the said application in view of

the pendency of this writ petition.

6.

Admittedly, the petitioners have filed an application

under Section 94 (A) of the Karnataka Land Revenue Act and the

same is pending consideration. Hence, it is incumbent on

respondent No.4 to consider the application filed by the

petitioners and pass appropriate orders.

7.

Therefore, it is expedient to dispose of the writ

petition

by

directing

respondent

No.4

to

consider

the

application/representation

dated

5.10.1998

Annexure-B

submitted by the petiti