Karnataka High Court
Smt N R Shwetha vs The State Of Karnataka on 12 February, 2024
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
-1-
NC: 2024:KHC:5855
WP No. 32417 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 32417 OF 2017 (LB-BMP)
BETWEEN:
1. SMT N R SHWETHA
D/O SRI RAJANNA,
AGED ABOUT 28 YEARS
R/AT BHEL MINI COLONY,
PIPELINE BANDE ROAD,
NEAR MALLIKARJUNA TEMPLE,
MALLASANDRA, T DASARAHALLI,
BANGALORE-560 057
2. SRI SHIVALINGAIAH
S/O LATE HUCHANNA,
AGED ABOUT 53 YEARS
R/AT BHEL MINI COLONY,
Digitally signed PIPELINE BANDE ROAD,
by PRAKASH N
Location: HIGH NEAR MALLIKARJUNASWAMY TEMPLE
COURT OF ASHWATHAKATTE, MALLASANDRA,
KARNATAKA
T DASARAHALLI, BANGALORE-560 057
... PETITIONERS
(BY SRI. S VISWESWARAIAH., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE
M.S.BUILDING,
-2-
NC: 2024:KHC:5855
WP No. 32417 of 2017
DR AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY,
HOUSING AND URBAN DEPARTMENT AUTHORITY,
M.S.BUILDING,
DR AMBEDKAR VEEDHI
BENGALURU - 560 001.
3. THE DEPUTY COMMISSIONER
BANGALORE NORTH DISTRICT
BANGALORE.
4. THE SPECIAL DEPUTY COMMISSIONER
BANGALORE NORTH DISTRICT
BANGALORE - 560 001.
5. THE TAHSILDAR
BANGALORE NORTH
BANGALORE - 560 001.
6. THE COMPETENT AUTHORITY FOR
REGULARIZATION OF
UNAUTHORISED CONSTRUCTIONS IN URBAN AREA,
C/O SPL.DY.COMMISSIONER
BANGALORE NORTH,
BANGALORE - 560 001.
7. THE COMMISSIONER
BBMP HESARAGHATTA MAIN ROAD,
BAGALAGUNTE,
BANGALORE-560 073
... RESPONDENTS
(BY SRI. M.A. SUBRAMANI, ADVOCATE FOR R7;
SMT. B.P. RADHA, AGA FOR R1 TO R6)
-3-
NC: 2024:KHC:5855
WP No. 32417 of 2017
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO DIRECT
RESPONDENTS TO CONSIDER THE APPLICATION FOR
REGULARISATION OF UNAUTHORISED CONSTRUCTION FILED
IN FORM - 1A BY THE PETITIONERS PRODUCED AT
ANNEXURES-A AND B TO W.P. BY ALLOWING THE W.P. AND
ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition has been filed seeking for issuance of writ in the nature of mandamus to direct the respondents to consider the application for regularisation of unauthorised construction filed in Form-1A by the petitioners produced at Annexure-A and B.
2. During the pendency of the petition, learned AGA has filed a memo and has enclosed two endorsements as regards petitioner nos.1 and 2.
3. Perused the endorsement as regards petitioner no.1 dated 01.02.2024. Insofar as claim of regularisation, endorsement is to the effect that in terms of the report of the Deputy Tahsildar and Revenue Inspector, as petitioner -4- NC: 2024:KHC:5855 WP No. 32417 of 2017 no.1 was not residing in the place, regularisation of which was sought, the application for regularisation has been rejected.
4. Insofar as such endorsement, taking note of the limited prayer sought in the writ petition the petition is disposed off reserving liberty to the petitioner to challenge the endorsement in accordance with law.
5. Insofar as petitioner no.2 H.Shivalingaiah is concerned, it is the stand of the Government that the land, regularisation of which is sought for, falls within Government 'B' Karab land and unless the said Karab is converted in terms of Section 68 (1) to 68 (5) of the Karnataka Land Reforms Act, 1964, the request of the petitioner cannot be considered. It is further submitted that necessary steps have been initiated to correspond with the Assistant Commissioner in that regard.
6. In light of the same, till necessary action is taken as contemplated under Section 68 (1) to 68 (5) and -5- NC: 2024:KHC:5855 WP No. 32417 of 2017 thereafter orders are passed on the application for regularisation of unauthorised construction made by the petitioner, petitioner is not to be dispossessed.
7. With such observation, the petition itself is disposed off.
Sd/-
JUDGE NP