Karnataka High Court
Kampli Laxman S/O Tayamma Devadasi vs The Deputy Commissioner, Ballari on 30 November, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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WP No. 105131 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 105131 OF 2022 (KLR-LG)
BETWEEN:
KAMPLI LAXMAN S/O TAYAMMA DEVADASI
AGE. 55 YEARS, OCC. AGRICULTURE,
R/O. INDIRA NAGAR, OPP TSP,
AMARAVTHI AREA, HOSPET,
TQ. HOSPET, DIST. VIJAYANAGAR,
P C NO. 583201.
...PETITIONER
(BY SRI. P G MOGALI, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER, BALLARI
TQ. AND DIST. BALLARY,
P C NO. 583101.
2. THE ASSISTANT COMMISSIONER HOSPET
TQ. HOSPET, DIST. VIJAYANAGAR,
P C NO. 583201
3. THE TAHASILDAR HOSPET
AT AND TQ. HOSPET, DIST. VIJAYANAGAR,
P C NO. 583201
...RESPONDENTS
(BY SRI. V.S.KALASURMATH, HCGP FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO I) ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE
APPLICATION SUBMITTED BY THE PETITIONER DATED 03/03/2021
VIDE ANNEXURE-L WITHIN A STIPULATED TIME.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
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WP No. 105131 of 2022
ORDER
Petitioner claming to be in unauthorized occupation of the land bearing survey Nos. 526/B, measuring 1 acre 16 Cents, Sy.No.527/B measuring 1 acre and 34 Cents and land in Sy. No.529/B, measuring 1 acre and 27 Cents all situated at Amaravathi village in Hosapate taluk submitted an application with respondent No.3 for regularization of his unauthorized cultivation over the subject lands. Petitioner's grievance is that the said application has not been considered as specified under Rule 108 CCC of the Karnataka Land Revenue Rule. The application is dated 03.03.2021 and respondent is under the obligation to consider the claim in accordance with Rule 108CCC of Karnataka Land revenue Rules.
2. Learned HCGP appearing for the respondent on instruction submits that the application submitted by the petitioner will be considered in accordance with law if reasonable time is granted.
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3. Therefore, this writ petition stands disposed of directing the respondent No.3 to consider the application dated 03.03.2021 at Annexure-L and pass an appropriate order in accordance with law within a period of four months from the date of receipt of certified copy of this order.
SD/-
JUDGE AC List No.: 2 Sl No.: 21