Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1389 WP No. 263 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.263 OF 2025 (KLR-RES)
BETWEEN:
SRI.PUTTARAMAIAH S/O VENKATARAMAIAH AGED ABOUT 53 YEARS R/O HONNAVARA VILLAGE PURASANAHALLI POST MADHURE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT - 561 204
…PETITIONER (BY SRI.VIRUPAKSHAIAH P H, ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S.BUILDING BENGALURU - 560001
2.
THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT DISTRICT ADMINISTRATIVE BUILDING BEERASANDRA VILLAGE VISHWANATHAPURA DEVANAHALLI - 562 110
Digitally signed by AL BHAGYA Location: High Court of Karnataka
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NC: 2025:KHC:1389 WP No. 263 of 2025
3.
THE TAHSILDHAR DODDABALLAPUR TALUK DODDABALLAPUR - 561 203
4.
THE LAND GRANT COMMITTEE FOR GRANT OF LANDS TO UNAUTHORIZED OCCUPANTS OF GOVERNMENT LANDS DODDABALLAPUR BANGALORE RURAL DISTRICT - 561 203 BY ITS CHAIRMAN …RESPONDENTS (BY SMT.B.P.RADHA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS AUTHORITIES TO CONSIDER AND DISPOSE OF THE APPLICATION FILED BY THE PETITIONER FOR REGULARIZATION OF THE UNAUTHORIZED OCCUPATION OF THE LAND BEARING SY.NO.2 OF NALLENAHALLI VILLAGE, MADHURE HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT MEASURING TO AN EXTENT OF 03 ACRES VIDE ANNX-A AND B AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned writ petition is filed alleging inaction on the part of respondent No.3 in not
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NC: 2025:KHC:1389 WP No. 263 of 2025
processing the application filed by the petitioner in Form No.53 seeking regularization of the petition land bearing Sy. No.2 measuring 3 acres situated at Nallenahalli Village, Madhure Hobli, Doddaballapura Taluk and accordingly, a mandamus is sought against the respondents.
2. Heard learned counsel appearing for the petitioner and learned AGA appearing for the respondents.
3. The Learned Additional Government Advocate (AGA) submits before this Court that, in the event the application submitted by the petitioner under Form No.53 seeking regularization of land under Rule 108CCC of the Karnataka Land Revenue Rules, 1966, read with Section 94A of the Karnataka Land Revenue Act, is not processed by Respondent No.3 – Tahasildar, the same will be promptly addressed.
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NC: 2025:KHC:1389 WP No. 263 of 2025
4. It is incumbent upon the Tahasildar to discharge his statutory obligation by ensuring that the application is duly entered into the register maintained at the Office and scrutinized without undue delay. The Tahasildar is further required to forward the records, accompanied by all requisite documents, to the authorized Officer for verification, ensuring a spot inspection report and all relevant documents are secured. Thereafter, the application must be placed before Respondent No. 4 – the Land Grant Committee, for appropriate action in accordance with the law.
5. Any unwarranted delay or indefinite squatting over an application tendered by a citizen constitutes a grave dereliction of duty on the part of the Tahasildar. Such inaction not only undermines the applicant’s legitimate expectations but also erodes public confidence in the governance process. Hence, the jurisdictional Tahasildar is obligated to act with
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NC: 2025:KHC:1389 WP No. 263 of 2025
diligence and within a reasonable time frame to ensure that the rights of citizens are not prejudiced due to administrative apathy.
6. Recording her assurance, this Court proceeds to pass the following;
ORDER (i) The writ petition is allowed. (ii) Respondent No.3 – Tahasildar is
directed to strictly comply with the mandate of Rule 108CCC of the Karnataka Land Revenue Rules, 1966, and process the application in accordance with law within a period of two months from the date of receipt of a copy of this order. (iii) In the event the application is pending
consideration, Respondent No.3 – Tahasildar shall, after securing all relevant materials, including the spot inspection report and requisite
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NC: 2025:KHC:1389 WP No. 263 of 2025
documents, promptly place the application before Respondent No.4 – the Land Grants Committee, without any delay. (iv) If an application filed in Form No.53 is recommended by Respondent No.3 – Tahasildar, Respondent No.4 – the Land Grants Committee shall conduct a thorough enquiry as contemplated under Rule 108D of the Karnataka Land Revenue Rules, 1966, and pass appropriate orders in accordance with law. (v) Respondent No.4 – the Land Grants Committee is directed to complete the enquiry and pass final orders within a period of three months from the date of receipt of the papers from Respondent No.3 – Tahasildar. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 37