RASOLASAB Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners have filed this joint petition seeking a direction to the official respondents to consider their representation at Annexures-A, T & T1 wherein they have substantially sought for regularization of their unauthorized occupancy of the subject Government land. Learned counsel for the petitioners vehemently argues that his clients have been in unauthorized occupation of the subject land since decades and in support of that he heavily banks upon certain entries in the Revenue Records and so called payment of tax paid receipts.

(2.) Learned AGA appearing for the official respondents oppose the petition contending that granting of public property or regularization of unauthorized occupation of public property is a serious matter since it results into depletion of public property and therefore unless the scheme falls within the four corners of law, no relief can be granted to the petitioners. He also points out periodical change of certain formalities in scheme of regularization of unauthorized occupation and between periodical fixed application forms; if petitioners make such application in due course, there will be no much difficulty for taking decision thereon, he contends; so contending he seeks dismissal of writ petition.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is broadly in agreement with the submission of learned AGA since in similar matters such a course has been adopted in exercise of writ jurisdiction. If petitioners make appropriate applications in the prescribed form, the regularization committee shall consider the same in accordance with law.