Chinnappa vs The State of Karnataka, The Assistant Commissioner Bangalore and The Tahsildar Yelahanka

D.V. Shylendra Kumar, J.—Writ petitioner claims to be landless person and claims to have been in unauthorized occupation and cultivation of an extent of 2 acres of land comprised in Sy. No. 177 of Bagalure Village, Jala Hobli, Bangalore North Taluk, Bangalore Rural District. Writ petitioner has asserted that he had submitted an application in form No. 50 under Rule - 108[C][1] before the third respondent-Tahsildar on 2.11.1998 requesting for regularization of his unauthorized occupation. [copy at Annexure-A]

It is the case of the petitioner that though he is continued to be in unauthorized possession and cultivation, respondents have not taken any steps to consider the application for regularization and no orders have been passed hitherto. It is also the case of the petitioner that in this regard the petitioner had submitted representations to Tahsildar, Yelahanka, Bangalore North Taluk, Bangalore, received at the office on 1.2.2012 [copy at Annexure-B], a like representation to the Assistant Commissioner, Bangalore North Taluk, Bangalore, seeking for examination of his application dated 2.11.1998 for regularization and it was received on 9.11.2012 in his office [copy at Annexure-C] as also further representation to the Secretary, Revenue Department in M.S. Building, Bangalore dated 9.11.2012 and received at this office on 13.11.2012 [copy at Annexure-D].

It is the case of the petitioner that notwithstanding such representations, there is no response and therefore has approached this court seeking for issue of writ of mandamus. Petitioner has urged that he has statutory right and having made application in the prescribed form, application being not considered hitherto though made way back in the year 1998, non consideration is virtually denying the right. Petitioner has asserted that the application has been made within the stipulated time and as per the statutory provisions.

Notice had been issued to the respondents. Respondents are represented by Sri. Gopal Bilalmane, learned Government Pleader.

When the matter is taken up, learned Government Pleader submits that the matter will be examined and appropriate decision will be taken; that there is a bar for regularization of unauthorized cultivation of lands if the land is located within 25 kilometers from the limits of Bruhat Bengaluru Mahanagara Palike in terms of the Government Notification dated 25.1.2008; that this aspect will be examined and appropriate orders will be passed by the competent authority.

In the circumstances, respondents are directed to examine the application of the petitioner seeking for regularization of his unauthorized cultivation of land of an extent of 2 acres in Sy. No. 177, Bagalure Village, Jala Hobli, Bangalore North Taluk, Bangalore Rural District, vis-�-vis application and to pass orders on the application in accordance with the statutory provisions. Accordingly, writ petition is disposed of.