G.B. BASVANYAPPA Vs. STATE OF KARNATAKA, THE ASSISTANT COMMISSIONER, THE TAHASILDAR AND THE COMMITTEE FOR REGULARIZATION OF UN-AUTHORISED OCCUPATION OF GOVERNMENT LANDS FOR SORAB TALUK

JUDGEMENT

(1.) THE learned AGA is directed to take notice for the respondents 1 to 4. In this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has sought for a writ of mandamus directing the respondents to consider the application filed by the petitioner u/s. 94 -B of the Karnataka Land Revenue Act for regularization of unauthorised cultivation.

(2.) THE petitioner claims that he is unauthorizedly cultivating 4 acres of land in Sy. No 279 of Kuppugadde village since several years. He has filed application on 16.12.1998 in Form No. 53 for regularization. It is stated, the Taluk surveyor has prepared sketch as per Annexure -B. It shows that the petitioner is in possession of 3 acres of land in Sy. No. 279 of Kuppugadde village. The application of the petitioner has not been considered. Therefore, this writ petition.

(3.) THE learned AGA submitted that the respondents 3 and 4 may be directed to consider the application of the petitioner in accordance with law. The petitioner has filed application for regularization of unauthorised cultivation of 4 acres of land in Sy. No. 279 of Kuppugadde village. The Taluk surveyor has prepared sketch as per Annexure -B. It shows that the petitioner is in possession of 3 acres of land in Sy. No. 279 of Kuppugadde village. The application of the petitioner has not been considered. The respondents 3 and 4 being the concerned authority ought to have considered the application of the petitioner. Therefore, it is necessary to direct the respondents 3 and 4 to consider the application of the petitioner. Accordingly, the writ petition is allowed and the 3rd respondent is directed to place the application of the petitioner in Form No. 53 before the 4th respondent for consideration within two months from the date of receipt of a copy of this order. Thereafter, the 4th respondent shall consider the application of the petitioner in accordance with law within three months from the date of its constitution.