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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 2^nd DAY OF DECEMBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR

WP NO 104549 OF 2021 (KLR/REG)

BETWEEN

1. SRI. SHIVAGOUDA S/O. DARIGOUDA PATIL

AGE 45 YERA,

OCC AGRICULTURE

R/O. NAGARAL

TQ RAIBAG

DIST BELAGAVI-590001

2. SRI. ANNASAB S/O.DAREPPA MAGADUM

AGE 50 YERAS,

OCC AGRICULTURE

R/O NAGARAL

TQ RAIBAG,

DIST BELAGAVI-590001

3. SRI. PARAGOUDA S/O. SATIGOUDA PATIL

AGE 38 YEARS,

OC AGRICULTURE

R/O.NAGARAL

TQ RAIBAG

DIST BELAGAVI-590001

...PETITIONERS

(BY SRI.SHIVARAJ P MUDHOL, ADV.)

AND

1 . THE STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY

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DEPARTMENT OF REVENUE,

M.S. BUILDING

BENGALURU-560001.

2 . THE DEPUTY COMMISSSIONER

BELAGAVI

DIST. BELAGAVI

PIN.590001

3 . THE TAHASILDAR,

RAIBAG,

AT. RAIBAG,

TALUK. RAIBAG

DIST. BELAGAVI

PIN. 590001

4 . THE REGULARISATION

AKRAM-SAKRAM COMMITTEE

REPRESENTED BY ITS SECRETARY OFFICE OF TAHASILDAR

RAIBAG,TALUK. RAIBAG

DIST. BELAGAVI

PIN.590001

5 . THE POLICE SUB-INSPECTOR

RAIBAG POLICE STATION, RAIBAG,

TALUK. RAIBAG

DIST. BELAGAVI

PIN. 590001

…RESPONDENTS

(BY SMT.GIRIJA S HIREMATH, HCGP FOR RESPONDENTS)

THIS WRIT PETITION IS FILED UNDER SECTIONS 226 AND

227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE

NATURE OF MANDAMUS DIRECTING THE RESPONDENTS 1 T 3 TO

CNSIDER THE CLAIM OF THE PETITIONERSS FOR REGULARIZATION

OF THEIR UN AUTHORIZED OCCUPATION OF THE SUIT LANDS IN

R.S.NO.123 TO THE EXTENT OF 3 ACRE 34 GUNTAS, 2 ACRES 05

GUNTAS, 24 GUNTAS, AND IN LAND R.S.NO.122 MEASURING 1

ACRES 27 GUNTAS, LAND IN R.S.NO.110 MEASURING 2 ACRES 28

GUNTAS, LAND IN R.S.NO.78 MEASURING 17 GUNTAS SITUATED

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AT NAGARAL VILLAGE, TALUK. RAIBAG, DIST.BELAGAVI IN THE

INTEREST OF JUSTICE AND EQUITY.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioner No.1 claiming to be in unauthorized

occupation of the land bearing Sy.No.123, measuring 3 Acres 34

guntas, the petitioner No.2 claiming to be in unauthorized

occupation of the land bearing Sy.Nos.122 measuring 1 Acres 27

guntas and also land bearing Sy.Nos.123 measuring 2 Acres 05

guntas, the petitioner No.3 claiming to be in unauthorized

occupation of the land bearing Sy.No.123, measuring 26 guntas,

R.S.No.110 measuring 2 Acres 28 guntas and R.S.No.78

measuring 17 guntas all situated at Nagaral village, Raibag

taluk, district Belagavi filed an application under Section 94(A) of

the Karnataka Land Revenue Act, 1964 (for short the Act) in

Form No.50 as prescribed under Section 108-C of the Karnataka

Land Revenue Rules, 1966. Thereafter, the revenue inspector

conducted spot inspection and found that the petitioners were in

unauthorized occupation of the lands in question and they are

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landless

persons

and

accordingly

recommended

for

regularization of unauthorized occupation.

2.

Petitioners’

grievance

is

that

though

Revenue

Inspector has found that the petitioners is in unauthorized

occupation of the land in question, the committee constituted for

regularization of the unauthorized occupation has not passed any

order on the application filed by petitioners. Hence, this writ

petition.

3.

It is not in dispute that petitioners have submitted

applications for regularization of unauthorized occupation in

accordance with provisions contained in the Karnataka Land

Revenue Rules, 1966 and the same is pending consideration.

4.

Learned HCGP submits that application submitted by

the petitioners will be considered in accordance with law, if

reasonable time is granted.

5.

Therefore, it is expeditious to dispose of the writ

petition, directing respondent No.4 committee to consider the

application submitted by the petitioners for regularization of

unauthorized occupation in respect of lands in question and pass

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appropriate order in accordance with law within a period of 6