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2025 DIGILAW 357 (KAR)

Kemparaju, S/O Late Gangaiah v. State of Karnataka, Department of Revenue, Represented Its Principal Secretary

2025-06-12

M.NAGAPRASANNA

body2025
ORDER : M.Nagaprasanna, J. The conglomeration of these cases are presented before this court seeking a direction to the 3 rd respondent-Tahsildar to consider the applications filed by them in Form Nos.50 and 57 in accordance with law. 2. The petitioners in all these cases claim to be in unauthorised cultivation of the respective schedule properties that are found in each of the petitions. Accordingly, on the score that they have been in possession or in cultivation of the said lands, have sought for regularisation of the said unauthorised construction in accordance with law by filing Form Nos.50 and 57, appended to the Land Grant Rules concerning regularisation of unauthorised cultivation. The learned counsel for the petitioners submits that the said application both in Form Nos.50 and 57 were filed before the Tahsildar on 13.07.2021. The date is sandwiched between two dates. One the Preliminary Notification so issued which concerns the lands of these petitioners for the purpose of acquisition and the beneficiary being the 5 th respondent-KIADB, and the Final Notification which is issued on 11.08.2021. 3. The grievance of the petitioners is that they are in possession of the lands in all these cases and the Tahsildar has not considered their cases for regularization of unauthorised cultivation or any other benefits that the Statute would ensue in favour of these petitioners. 4. The learned AGA would submit that if reasonable time is granted, the applications of the petitioners would merit consideration strictly in consonance with law, as the matter has to be placed before the Committee constituted under the Land Grant Rules and the Committee will have to take a decision. 5. The learned counsel for the petitioners as observed herein above, submits that they are in possession/cultivation of the land. In the event, they are in possession and cultivation of the land today, till a decision is taken by the 3rd respondent, they shall not be dispossessed. The learned counsel for the respondent-Board submits that their acquisition should not be dealt with in the case at hand, as it is only for the consideration of the application. The submission would merit acceptance. 6. It is made clear that this Court has not pronounced upon the acquisition process, either the Preliminary Notification or the Final Notification. The learned counsel for the respondent-Board submits that their acquisition should not be dealt with in the case at hand, as it is only for the consideration of the application. The submission would merit acceptance. 6. It is made clear that this Court has not pronounced upon the acquisition process, either the Preliminary Notification or the Final Notification. It is a direction simpliciter to the Tahsildar-3 rd respondent to consider the cases of these petitioners qua their respective applications filed strictly in consonance with law. 7. The 3 rd respondent shall consider the case of the petitioners within eight weeks from the date of receipt of the copy of this order and communicate the decision taken to each of the petitioners in these petitions. All other contentions would remain open. With the aforesaid observations, the petitions are disposed