V. Ravindra v. Deputy Commissioner, Chickballapura District
2015-06-12
A.S.BOPANNA
body2015
DigiLaw.ai
ORDER : A.S. Bopanna, J. 1. Learned Government Advocate to accept notice for respondents 1 and 2 and file memo of appearance in four weeks. The petitioners are before this Court seeking for issue of mandamus to consider the representations of the petitioners dated 23-12-2014 at Annexures-B, B1, C, C1, D, D1, E, E1, F and F1 to permit the petitioners to repair/reconstruct the existing sheds. 2. The petitioners claim to be in occupation of certain residential sites regarding which they have sought grant/regularisation of the same as they belong to the depressed class. The said applications are yet to be considered is the contention of the learned Counsel for the petitioners. In the meanwhile, the petitioners have made representations produced along with these petitions seeking that they be permitted to repair/reconstruct the sheds. 3. The learned Government Advocate would submit that the representations of the present nature would not arise for consideration unless, a case is made out by the petitioners for consideration of their rights if any as contemplated under Section 94-C of the Karnataka Land Revenue Act, 1964. 4. The learned Counsel for the petitioners would submit that the petitioners have also made application for regularisation of their occupation in accordance with law. If that be the position, the respondents while taking note of the representations regarding which consideration has been prayed in these petitions would have to also take note of the fact as to whether the petitioners are actually in possession of the sites and whether they have made application seeking regularisation/grant of such sites. All these aspects would require a factual determination at the hands of respondents 1 and 2. 5. Therefore, the second respondent is directed to take note of the representations, consider all aspects of the matter including as to whether the petitioners have made applications for regularisation and thereafter, take a decision in the matter in accordance with law only on obtaining concurrence from the first respondent.
5. Therefore, the second respondent is directed to take note of the representations, consider all aspects of the matter including as to whether the petitioners have made applications for regularisation and thereafter, take a decision in the matter in accordance with law only on obtaining concurrence from the first respondent. To enable the same, the petitioners shall now file one more copy of the representations along with all the supporting documents with the second respondent, who would take note of the same and with the concurrence of the first respondent, take a decision in the matter and intimate the result of consideration to the petitioners in an expeditious manner but, not later than three months from the date of receipt of a copy of this order along with the copies of the representations. In terms of the above, these writ petitions stand disposed of.