' ~ (BY SR1. RKUMAR, HCGP} 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATES THIS THE 15'?" DAY OF OCTOBER 2009 BEFORE THE HONBLE MR. JUSTICE A s BopANhu§fC«L~%CLJ:%% WRIT PETITION NO. 29738/ 2009 BETWEEN: B N NAGARAJ s/0 NARASIMHASHE'FTY'" AGED ABOUT 35 YEARS OCC: AGRICULTURIST R/O BALASAGODU '19., » ~ - -' SAGAR DIST, SHIMOQA ..;~;?,E_f1':f,f1oNE:R (BY SR1. RAJENDRA s "A1§KAL§§c)T1," _ AND: ' V' .' " 1 .CC'.IT\'/H'/[_It"3S3jONER SHIMOGA mAsTR.1_(:f}:j " SFI.I_MOGA». ' ' " ' 2 .-- -THE C0M1vz1'm3:E FOR REGULARISATION ~ O35' UNAU-THQ_RJ.sED OCCUPANTS SAGAR TALUKA, SHIMOGA DISTRICT REPT._1':2Y ITS SECRETARY THE -- TAHSELDAAR SAGAR TALUKA * SHIMOGA DISTRICT 3 '1*:};E"fAHs1LDAR,sAGARTALUK " I ...RESPONDEN'IS "5: THIS WRIT PETITION IS FILED UNDER ARTICLES 226 8: 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO: DIRECT THE R2, TO CONSEDER 8: PASS NECESSARY ORDERS ON THE APPLECATIONS DT. 14.1.99 8?... 2.'i,Ci}.V,99 VIDE ANN--C 8: D WITH A FURTHER TO REGULARIZE THE UN AUTHORIZED CULTIVATEDTN _ OF LAND IN SURVEY NUMBER 36 OF ' VILLAGE SAGAR TQ. SHEMOGA DESTRICT. _. ~ .. __ '~ THES WRIT PETITION COMING FOR .i'.RELi§VivINABY' HEARING, THIS DAY, THE COURT THE FOLL=O'WfE'NG: ._ Sri R.KumaI, V1-egirned"'C§:re'i"ni11eIit'"Advccate to accept the notice to 3 and file memo of appieataiice weeks from today. 2. T'h__e petiti.ci1.er:'Di_$ 'before this Court seeking for issue; 'of Tm-andamus to direct the second respondent/_Eco:nmittee to consider and pass necessary
‘At:-iiT(D.i.e.:’sT applications dated 14.1.1999 and
21. E999.i}ii”hich are at Annexures-C and D.
4
vs
3. The petitioner claims to be in possession and
cultivation of three acres of land in Sy.Nc;36 of
Baiasagodu village, Sagar Taluk. Shimoga _,.:I’;.<1
this regard, the petitioner is said t0_..haVe':ti:1ed it '*9
application seeking regularisation of his *u_r1'ai1t.'iorise(i.
occupation and cultivation' as per'._Annex=,rres–dC and
The said application is 'processed
further by drawing and
the same is said to the second
respondent] relies on
Annexnresf, 'V second respondent
__ the consideration of the same
as far 2001. But, thereafter no
decijsiorz. has taken. Therefore, the present petition
, is«fiied_ Asee–ki:'r:g_ for a direction as stated above.
'The learned Government Advocate would
V indicate' that though Annexure~E primafacie indicates
i
We
that the papers were placed before the second
respondent/ committee, the fact as to whether
subsequently any decision has been taken or not is not
forthcoming since there is no other material
available. Hence it is contended
verification of these aspects of:'t}ie"matter;
action in accordance with law wou_ld'–haVe t'ak'en*..
5. In the light of the pa.bVove.”‘–the third.” respondent
herein at the outset status of the
appiication of tl*ie_pet’itior1’e;1′ 13.7.2001, the
date on respondent/committee had
adjourried! fiirther’.consi.deration of the application. If
for .a’nyiireasoVn”,»._the said application has been considered
.A ti1.e¥reaji”ter-,.:the decision taken shall be intimated to the
H needless to mention that if the said
j app’iicatioiifhas_ not been disposed of till today, the third
respondent shail take steps to bring it to the notice of
al
v:
the second respondent/committee as and when the
committee is constituted. The committee shall
thereafter consider and dispose of the application within
a period of four months from the date of its constittitltion.
Until the application is considered and _
already not disposed of, the status–quo~’with.. V.
possession shall be maintainedhi
ln terms of the above; the petition stafidvs…dls1:’5osedVV:t’
of. No order as to Costs. ‘ xi: