Tashildar Duty Bound To Follow Recommendation Made By Land Grant Committee Under Revenue Rules & Issue Certificate : Karnataka HC

 Justice Sachin Shankar Magadum held thus while allowing a petition filed by one Muniyappa A V, who had approached the court seeking a direction to Tashildar to issue saguvali chit in respect of subject land by taking cognizance of the grant order made in favour of his father.

The bench said “The petitioner has already secured a recommendation from the Land Grant Committee which carries legal weight. Once such a recommendation is made under Section 108D(3) (Karnataka Land Revenue Rules), the Tahsildar is duty-bound to acknowledge it and proceed with the issuance of the Saguvali Chit in accordance with the prescribed legal procedure.”

The petitioner contended that his father had tendered an application in the prescribed form, seeking regularization of his unauthorized occupation. The committee after due enquiry recommended that petitioner's father is eligible for regularization of his unauthorized occupation.

However, though similarly placed applicants recommendation is acted upon by the Tahsildar and saguvali chit is issued, there is no response in his case though a representation is tendered in 2016.

Findings:

On going through the records the bench refused to accept the contention of the government that the petitioner's family possesses excess land.

It said “The petitioner, in the present case, has expressed willingness to deposit the requisite premium as mandated by law. Given that the Land Grant Committee has recommended the regularization of the petitioner's father's unauthorized occupation, the petitioner has acquired a legitimate right to seek appropriate directions from this Court.”

Following which it held “This Court finds merit in the petitioner's claim and deems it appropriate to direct the concerned authorities to act in accordance with the law and issue the necessary Saguvali Chit without undue delay.”

Appearance: Advocate Raghavendra Gowda K for Petitioneer.

AGA B.P Radha for Respondent.

Citation No: 2025 LiveLaw (Kar) 61.

Case Title: Muniyappa A V AND State of Karnataka

Case No: WRIT PETITION NO. 1519 OF 2025

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