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in THE HIGH COURT or KARIWATAKA. AT .
DATED THIS THE am my or JULY 251 V '
THE Humans mR.Jus'r1ci3*,'A;j_sj;$€:rm§i1i;§.
WRIT PETITION No.5S?*4/2509 i(1{LR'-i§ES]*
ETWEEK: ' .' T' i
1 sm'MANGAL.A BA:
we MURTHY NAIK ,
AGED ABOUT 45 YEARS __ u
R/O Naaakxmrra VILLAS; -
KADAJJI
DAVANA.f3ERB'g '_r.+31..UK_ ., , F'E'I'E'I'IONER
{BY SMT. ANi51su*?:€"A;1:?;0i:»DAi§£5.A <f§'éG;}1AL,ADv,}
D
1 THE'TA¢Hp;siLDA%e A' » .'
DAvANAGE'RE_'V«. ~_
j3A'xi'.ANa€3ERE DIST RESPONDENT'
It
. 'gm sm :3 .é;A3fHYAN§éiéAYANA SINGH, HOG?)
~. 'VWRIEPETITION FiLED UNDER ARTICLES 226 85 227
OF' 91*;.+_1_E CQIi f~.3'FfTUTIGN 09 ENDIA PRAYWG 're QUASH THE
7;§f,NDoR:~:m;.§:NT VIDE ANX-«A UT. 24.12.2003 Issum BY THE
" " ' - R:E'ZiI?~'QNE§VENT.
THIS WRIT PETITION COMING ON ma PRELIMINARY
.._ "H'E;AR1NG IN "I3" GROUP, THIS nay, THE comm MADE'; THE;
QFOLLOWENG:
i J
_ una1afif1o:'i3<:d Cixitixzation.
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ORDER
The petitioner is
endarsement dated 24.12.2008.
2. The case of the
unautlxoxised possessjpn bi’ Lhcfnroperty
situated in R.S.No.2’7 Davanagere
Taluk. The is a landless
ag*icu1tura.l_ Caste and
in 1’esp¢_q1_: ()i7 of the said
land, 4′ : an application to the
autlioxiticfi ” regu1arisatio11_ of her
In the meanwhiie, the
‘i~s :~3:A2:git:!;_to have sought for enuy reiating to the
cr0}:;ou3–.%g3*éwi1j~: ‘the said land in the revenue records.
tfi}ex*eto, the present endorsement dated
V’ is issued. The case of the petition-er is that
3 the “said endorsement the Tahsiidar, without holding
‘* proceedinfi, has directed the petitioner to vacate
£116 land in question and this i,tselfwou1c:i indicate that
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calling in _..f21§€S}iéii . the .
V _ ' «-land which she has N3.
the petitioner is in occupation of the said
cannot be thrown out of the said land K
process of iaw more partic1flariy:’ii%hei1«
still pending consideration.
3. Learned Government the
respondent would hovee§$’er petitioner
has not produced that she has
filed an of the said
iand. possession
and eaitnot therefore the Tahsfldax’
was justifieoé-it1″fs:=§tfii3g”jthe endorsement refusing to
makegthe. calling upon her to vacate the
t1:’z..’1¥-.’I__f…1′;i4:1fi§r:~.+’.,:d_i_?}’§.,;’ A
4; In light of the above, all that has to be noticed
‘-present context insofar as the first portion of the
j _§__”‘encijDrseIx}ent issued by the Tahsildar comnaunicating
. V _ u the entries in the RTC as eought by the petitioner
4with regard to the crop pattern could not he made is
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juetified when the petifioner has not produce<_i…:§§;"}j§f
material. However, with regard to second _A V'
endorsement where a directjox: "ims is–sued:? to:
vacate the land, it is needlessio that "
though the petitioner has 'pgfodoeegi in 'V '
this writ petition with 'regardV_§_to' ;her.._oppfit:ation..:§seeki11g
regularisation of of the said
land, when the '1'€i1f1Sii€i€iI"'A.§id1:.i:ififed that the
petitioner is she would
have 13;)" — complying with the
proeedttfee law. Hence, to the said
extent. the eii;%.oree£nei1t is not sustainable. However, it
V' is sgrleaxthat éiVf'mtiIé1e respondent desires to evict the
said land, the same can only be
ma{ie44:_Viz1_eeeo3*dance with law. In this regard, when a
~ "oo'tiee is issued by the Tahsfldzzr to the
opefitioéier, it would be open for the petitioner to put
her contention with zegard to the rmulaxisation
eought and it is only if the petitioner does not satisfy the
authorities with regard to the same, it would be open for
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the respondent to proceed further in ‘io
secure the land from the possession of _A V’
accordance with law. Hen:-:f:’;’ Vvfiifiové;
observations, the petition No
as to costs.
