BALAKRISHNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT petition by a person who claims that he is in unauthorized occupation and cultivation of an extent of 1 acre 27 guntas in Sy No 69 of Suradevanahalli village, Hesaraghatta hobli, Bangalore south Taluk ever since the year 1998; that he had made an application seeking for regularization of his unauthorized cultivation in form No 50 and even while his application is not disposed of, he has been served with a notice dated 31-8-2009 [copy at Annexure-B to the writ petition] issued under Section 192- A of the Karnataka Land Revenue Act, 1964 [for short, the Act] proposing action in accordance with law unless the petitioner is able to make good his right, title and interest to the land and being aggrieved by this notice, seeking for issue of a mandamus for examination of his application dated 31-10-1998 for regularization etc, the present writ petition.

(2.) NOTICE had been issued to the respondents and they are served and represented by Sri R Omkumar, learned AGA.

(3.) .Be that as it may, that impediment should be made known to the petitioner-applicant in a proceeding that is held by the committee or in any other manner as permitted in law. Instead of doing so, issue of notice under Section 192-A of the Act is not a proper use of the provisions of the statute.