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Karnataka High Court

Rangappa S/O.Late Ramappa Layannavar vs The State Of Karnataka on 30 November, 2022

Author: Hemant Chandangoudar

Bench: Hemant Chandangoudar

                               -1-




                                       WP No. 138401 of 2020

       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. 138401 OF 2020 (KLR-LG)
BETWEEN:

RANGAPPA S/O.LATE RAMAPPA LAYANNAVAR
AGE : 61 YEARS, OCC : AGRICULTURE,
R/O : TULASIGERI, TQ : BAGALKOT,
DIST : BAGALKOT.

                                                 ...PETITIONER
(BY SRI. Y R JOGI, ADVOCATE)
AND:

1.   THE STATE OF KARNATAKA
     REPTD. BY ITS PRINCIPAL SECRETARY,
     REVENUE DEPARTMENT,
     M.S.BUILDING,
     BENGALURU-01

2.   THE DEPUTY COMMISSIONER
     BAGALKOT DISTRICT,
     AADALIT BHAVAN, NAVANAGAR,
     BAGALKOT-587102.

3.   THE TAHASILDAR
     NAVANAGAR, BAGALKOT TALUKA,
     BAGALKOT-587102

                                              ...RESPONDENTS
(BY SRI. V.S.KALASURMATH, HCGP FPOR 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.3 TO CONSIDER THE
REPRESENTATION DATED 10/10/2018 AS PER ANNEXURE-C FILED BY
THE PETITIONER AND ETC.

       THIS PETITION COMING ON FOR      PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
                                  -2-




                                            WP No. 138401 of 2020




                              ORDER

The inaction on the representation submitted by the petitioner with the Deputy Commissioner for regularization of unauthorized cultivation of the land has constrained the petitioner to file this present petition.

2. Learned HCGP appearing for the respondent-State submits that in the absence application filed in form No.57 as specified under Rule 108 CCC of the Karnataka Land Revenue rules, the representation submitted by the petitioner cannot be considered. In view of the same, the relief sought for in this writ petition cannot be granted.

3. Accordingly, petition stands disposed of reserving liberty to the petitioner to file an application as specified under rule 108CCC Karnataka Land revenue Rules with the Competent Authority. If such an application is filed within the time specified, the Competent Authority to consider the application in accordance with law.

SD/-

JUDGE AC List No.: 2 Sl No.: 7