HOLEYAPPA Vs. STATE OF KARNATAKARESENTED

JUDGEMENT

(1.) WRIT Petition by persons who claim to be in unauthorised possession and cultivation of certain extents of land in Sy. No. 32 of Chikka Sakuna Village, Soraba Taluk, Shimoga District praying for issue of a writ of mandamus to the respondents to direct them to consider the application of the petitioners for regularisation of their unauthorised possession and cultivation.

(2.) IT is the version of the petitioners that they have been in possession and cultivation of these lands for the past over 20 years; that the petitioners have also filed application in Form No. 53 praying for regularization of their unauthorised cultivation; that such applications are pending before the authorities.

(3.) IT is further averred that on the filing of the applications the authorities had taken steps for verifying the claim of the petitioners; that the matter had progressed up-to the stage of preparing a sketch by spot inspection of the land by certain lower level officials of the office of the Taluk surveyor, Soraba Taluk; that the Taluk Surveyor had demarcated the land identifying the land, extent available for distribution etc. . At this stage, due to certain political rivalry in the village the applications have not been processed by the committee set up for regularising the unauthorised occupation and cultivation and under such circumstance appropriate directions be issued to compel the respondents to consider the applications and dispose of the same in terms of the provisions of Section 94-A of the Land Acquisition Act, 1964 read with Rules 108 B to N comprised in Chapter XIII-A of the Karnataka Land Revenue Rules, 1966 and therefore, a writ of mandamus is necessary to compel the committee constituted for purpose of regularisation of unauthorised cultivation into action.