IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 09^TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

W.P.NO.102365/2021 (KLR-REG.)

BETWEEN :

1.

SRI BASANAGOUDA RAMANAGOUDAR,

S/O SHANKARGOUDA RAMANAGOUDAR,

AGE : 45 YEARS, OCC: AGRICULTURE,

R/O AKKUR,

TQ: & DIST: HAVERI-581213.

2.

SRI BASANAGOUDA MARIGOUDAR,

S/O YANKANAGOUDA MARIGOUDAR,

AGE : 30 YEARS, OCC: AGRICULTURE,

R/O AKKUR,

TQ: & DIST: HAVERI-581213.

3.

SMT.PAVITRA UDDANNANAVAR,

W/O JAGADISH UDDANNAVAR,

AGE : 40 YEARS, OCC: AGRICULTURE,

R/O AKKUR,

TQ: & DIST: HAVERI-581213.

4.

SRI YALLANAGOUDA MARIGOUDAR,

S/O YANKANAGOUDA MARIGOUDAR,

AGE : 32 YEARS, OCC: AGRICULTURE,

R/O AKKUR,

TQ: & DIST: HAVERI-581213.

5.

SRI RAVICHANDRAGOUDA RAMANAGOUDAR,

S/O RAMANAGOUDAR,

AGE : 40 YEARS, OCC: AGRICULTURE,

R/O AKKUR,

TQ: & DIST: HAVERI-581213.

6.

SRI MUTTAPPA HARIJAN,

S/O HALAPPA HARIJAN

2

AGE : 47 YEARS, OCC: AGRICULTURE,

R/O AKKUR,

TQ: & DIST: HAVERI-581213.

... PETITIONERS

(BY SRI GANGADHAR J.M. ADV.)

AND :

1.

THE STATE OF KARNATAKA,

DEPARTMENT OF REVENUE,

M.S.BUILDING, AMBEDKAR VEEDHI,

BENGALURU-560001.

2.

THE DEPUTY COMMISSIONER,

HAVERI, DIST: HAVERI-581110.

3.

THE ASSISTANT COMMISSONER,

HAVERI, DIST: HAVERI-581110.

4.

THE TAHASILDAR,

HAVERI, DIST: HAVERI-581110.

5.

THE CHAIRMAN,

BAGAR HUKUM COMMITTEE,

LAND GRANT COMMITTEE,

HAVERI TALUK, HAVERI DISTRICT,

AND MEMBER OF LEGISLATIVE

ASSEMBLY CONSTITUTENCY,

HAVERI, DIST: HAVERI-581110.

... RESPONDENTS

(BY SRI SHIVAPRABHU S.HIREMATH, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING THIS COURT TO

ISSUE AN APPROPRIATE WRIT ORDER OR DIRECTION IN THE

NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS TO

CONSIDER THE APPLICATIONS FILED BY THE PETITIONERS IN

FORM NO.57 IN THE WEBSITE OF THE REVENUE DEPARTMENT

(AS PER THE ACKNOWLEDGEMENT PRODUCED AT ANNEXURE-B)

AND REGULARIZE THE UNAUTHORIZED OCCUPANTS OF THE

LANDS IN NO.98/2E, AS WELL AS 98A OF THE AKKUR VILLAGE

OF GUTTAL HOBLI, HAVERI TALUK AND HAVERI DISTRICT IN SO

FAR AS PETITIONERS ARE CONCERNED AND SUCH OTHER

RELIEFS.

3

THIS PETITION COMING ON FOR PRELIMINARY HEARING,

THIS DAY, THE COURT MADE THE FOLLOWING:

: ORDER :

The learned Additional Government Advocate is

directed to take notice for respondents.

In this writ petition the petitioner has sought for

the following reliefs.

1. Issue an appropriate writ, order or direction in

the nature of mandamus, directing the

respondents to consider the applications filed

by the petitioners in Form No.57 in the

website of the revenue department (as per

the acknowledgement produced at Annexure-

B) and regularize the unauthorized occupants

of the lands in No.98/2E, as well as 98A of the

Akkur village of Guttal Hobli, Haveri taluk and

Haveri district in so far as petitioners are

concerned.

2. Issue an appropriate writ, order or direction in

the

nature

of

mandamus

directing

the

respondents

till

consideration

of

the

applications

of

the

petitioners,

the

respondents should not take any construction

or work in lands in Sy.No.98/2E, as well as

98A of the Akkur Village of Guttal Hobali,

Haveri Taluk and Haveri District.

4

3. Issue an appropriate writ, order or direction in

the

nature

of

mandamus

directin

the

respondents

till

consideration

of

the

applications the petitioners from lands in

Sy.No.98/2E, as well as 98A of the Akkur

village of Guttal Hobali, Haveri Taluk and

Haveri District.

4. Grant such other reliefs this Hon’ble Court

deem it proper in the interest of justice and

equity.

2.

Brief facts of

the case are that, the

petitioners are in possession and cultivation of the

Government land bearing Sy.No.98/2E as well as

Sy.No.98A situated at Akkur village of Guttal Taluk,

Haveri District for the purpose of their livelihood.

3.

As per Section 94-A(1) of the Karnataka Land