- 1 - NC: 2025:KHC:5274 WP No. 1169 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1169 OF 2025 (LR) BETWEEN: 1. SRI. SOMASHEKAR .K S/O KRISHNANAIKA AGED ABOUT 51 YEARS R/AT ALAMBADI KAVAL VILLAGE AKKIHALLI HOBLI, K.R. PETE TALUK MANDYA DISTRICT-571 605. …PETITIONER (BY SRI. SHARATH S GOWDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING, AMBEDKAR VEEDI BANGALORE-560 001. REP. BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER DEPUTY COMMISSIONER'S OFFICE PARK ROAD 2, PES COLLEGE CAMPUS NEAR DISTRICT COURT MANDYA DISTRICT-571 401. 3. THE ASSISTANT COMMISSIONER K.R. PETE TALUK MANDYA DISTRICT-571 426. 4. TAHSILDAR K.R. PETE TALUK, TALUK OFFICE MANDYA DISTRICT-571 426. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5274 WP No. 1169 of 2025 5. COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION K.R. PETE TALUK, K.R. PETE MANDYA-571 426. REP. BY ITS SECRETARY. …RESPONDENTS (BY SMT. SAVITHRAMMA, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 12.09.2024 BEARING NO. L.R.F.C.R. 05/2023-24 AND ENDORSEMENT DATED 09.12.2024 BEARING NO. H.O.A.C.R.22/2024-25 ISSUED BY 4TH RESPONDENT - TAHSILDAR, VIDE ANNEXURE-B AND A RESPECTIVELY. 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 In the captioned petition, the endorsements issued by the Tahsildar is impugned which is evidenced at Annexures-A and B. 2. Heard the learned counsel for the petitioner and learned HCGP. Perused the records. 3. Petitioner belongs to holders family and therefore, is entitled to seek re-grant. Petitioner asserts that his father was originally cultivating the land as a - 3 - NC: 2025:KHC:5274 WP No. 1169 of 2025 tenant and that he has inherited the tenancy rights. In view of extension of time as provided by the State by notifications, he has filed application seeking re-grant. 4. On examination of the endorsements, this Court is of the view that Tahsildar lacks jurisdiction to adjudicate petitioner's claim. The determination of claim of the holders and tenants in respect of inam lands is governed under the provisions of the Mysore (Religious and Charitable) Inams Abolition Act, 1955. 5. The Tahsildar vide the impugned notifications evidenced at Annexures - "A and B" has only declined to entertain petitioner's claim on the premise that the petition land is a "beelu land" and therefore, petitioner cannot lay a claim over the petition property. However, on examination of Annexure-C, the application is tendered to Tahsildar seeking regrant and this application is tendered in Form No.1. Since the claim is made that the petition land is a inam land, it is the Deputy Commissioner, who is required to hold an enquiry and - 4 - NC: 2025:KHC:5274 WP No. 1169 of 2025 ascertain whether petition land is a inam land. In the event, the Deputy Commissioner on verification of records comes to the conclusion that the petition land is a inam land, he has to hold an enquiry as provided under the provisions of the Act, 1955. Therefore this court is of the view that endorsements are not preceded by a proper enquiry. 6. Be that as it may, the petitioner's application seeking re-grant is still pending consideration. Since the application received by the Tahsildar seeking re-grant is not yet decided, this Court deems it fit to relegate this matter to the Deputy Commissioner to hold an enquiry strictly adhering to the procedure contemplated under the provisions of the Act, 1955. 7. For the foregoing reasons, the writ petition is allowed with the following directions: (i) The endorsements dated 12.09.2024 and 09.12.2024 issued by Respondent No.4/Tahsildar, as per Annexures-A and B, are hereby quashed. - 5 - NC: 2025:KHC:5274 WP No. 1169 of 2025 (ii) The matter is remitted back to Respondent No.2/Deputy Commissioner for reconsideration. The Deputy Commissioner shall notify the petitioner, secure the relevant records, and conduct a fresh enquiry. (iii) While conducting the enquiry, Respondent No.2/Deputy Commissioner shall take into account the observations made by this Court. (iv) The Deputy Commissioner shall also consider Annexure-F, which is an extract from the Inam Register indicating that the petition land is classified as Inam land. (v) The entire process shall be completed within four months from the date of receipt of a certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB, List No.: 1 Sl No.: 43