Smt. Sallapuriamma vs The State of Karnataka, The Special Deputy Commissioner and The Tahsilar

H. Billappa, J.—The learned AGA is directed to take notice for the respondents 1 to 3. In this writ petition under Article 226 of the Constitution of India, the petitioner has sought for a writ of mandamus directing the respondents to place the application of the petitioner for regularisation before the regularization Committee.

The petitioner claims that her husband was cultivating 3 acres 29 guntas of land in Sy. No. 51 and 3 guntas of land in Sy. No. 53 situated at Bidareagrahara village unauthorisedly. After the death of her husband, the petitioner has been cultivating the lands. On 9.12.1998, the petitioner filed Form No. 50 for regularization. It was not placed before the regularization Committee. Therefore, the petitioner approached this court in W.P. No. 7619/2001. This court by its order dated 23.2.2001 directed the third respondent to place the application before the Committee within one month. Thereafter, criminal proceedings have been initiated against the petitioner and one Smt. Munipoojamma in CC. No. 527/2009. In has ended in acquittal on 30.6.2009. The application of Smt. Munipoojamma has been considered and rejected on 28.7.2012. But, the application of the petitioner has not been considered. Therefore, this writ petition.

The learned counsel for the petitioner contended that the application of the petitioner in Form No. 50 has not been considered inspite of the direction by this Court in W.P. No. 7619/2001. Therefore, the third respondent may be directed to place the application before the regularization committee for consideration.

The learned AGA submitted that the application of Smt. Munipoojamma has been considered. However, the application of the petitioner has not been considered. The petitioner has filed Form No. 50 for regularization. In W.P. No. 7619/2001, this Court has directed the third respondent to place the application before the regularization Committee for consideration. Inspite of that, the application of the petitioner has not been considered. Thereafter, criminal proceedings have been initiated in CC. No. 527/2009 against the petitioner and Smt. Munipoojamma. It has ended in acquittal on 30.6.2009. Subsequently, the application of Smt. Munipoojamma has been considered. But, the application of the petitioner has not been considered. Therefore, it is necessary to direct the third respondent to place the application of the petitioner before the regularization Committee for consideration.

Accordingly, the writ petition is allowed and the respondent No. 3 is directed to place the application of the petitioner in Form No. 50 before the regularization Committee for consideration. Thereafter, the regularization committee shall consider the application and pass appropriate orders in accordance with law within three months from the date of its constitution.