- 1 - NC: 2025:KHC:2934 WP No. 3098 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 3098 OF 2024 (KLR-LG) BETWEEN: SMT. LALITHA W/O SHANKARE GOWDA AGED ABOUT 52 YEARS, R/AT SHIDLE VILLAGE, VAIKUNTAPURA HOBLI, MENASE POST, SHRINGERI TALUK - 577 139. CHICKMAGALURU DISTRICT. …PETITIONER (BY SRI. JAGADEESH D C., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHICKMAGALUR DISTRICT CHICKMAGALUR-577101 2. THE TAHSILDAR SHRINGERI TALUK SHRINGERI-577139 3. THE COMMITTEE CONSTITUTED U/S 94 (A AND C) OF K.L.R. ACT FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION/CONSTRUCTION OF HOUSE IN GOVERNMENT LAND, SHRINGERI TALUK SHRINGERI -577139 …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) Digitally signed by SUMA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:2934 WP No. 3098 of 2024 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO 3 TO CONSIDER THE APPLICATION OF PETITIONER FILED IN PRESCRIBED FORM U/S 94(C) OF THE KLR ACT AND THE RULES FRAMED THERE UNDER VIDE ANNEXURE-D IN RESPECT OF LAND AND DWELLING HOUSE BUILT TO AN EXTENT OF 30 X 40 FEET IN SITE MEASURING 50 X 80 FT. IN SY.NO.61 OF VAIKUNTAPURA VILLAGE, MENASE POST, SHRINGERI TALUK, CHICKMAGALUR DISTRICT IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the captioned petition, the petitioner has sought a writ of mandamus directing the respondent authorities to consider their application, submitted as per Annexure - D, for the regularization of a dwelling house situated on a portion measuring 30 x 40 feet within a larger site of 50 x 80 feet, located in Survey No. 61 of Vaikuntapura Village, Menase Post, Shringeri Taluk, Chikkamagaluru District. 2. The matter was heard in detail, with submissions made by the learned counsel representing the petitioner as well - 3 - NC: 2025:KHC:2934 WP No. 3098 of 2024 as the learned High Court Government Pleader appearing on behalf of the respondent-state authorities. 3. The learned High Court Government Pleader, upon instructions, submitted that the subject property in question is situated within a forest zone. Consequently, it was contended that the petitioner's application for regularization could not be processed outright. However, as per legal requirements, when an application is submitted to the competent authority, the authority is obligated to undertake the necessary procedural steps, which include securing relevant records, conducting a detailed inquiry, and passing an appropriate order. 4. The petitioner has approached this Court due to the inaction on the part of the respondent authority in processing their application. It is not disputed that the respondent authority has received the petitioner's application, as evidenced by Annexure - D. Given this fact, it becomes imperative for respondent Nos. 2 and 3 to assess the feasibility of regularizing the petitioner's possession, especially in light of the state's assertion that the property falls within a forest zone. - 4 - NC: 2025:KHC:2934 WP No. 3098 of 2024 5. Accordingly, it is necessary for the committee to obtain all relevant reports, including a detailed spot inspection report and all necessary documents pertaining to the subject land, and thereafter arrive at a reasoned decision regarding the eligibility of the petitioner for regularization. Furthermore, the committee must take into account the state's position regarding the classification of the land as forest land and evaluate whether the applicable laws permit regularization in such circumstances. The prolonged inaction by respondent No. 2 - Committee, in not considering the petitioner's request, warrants intervention by this Court through the issuance of a writ of mandamus. 6. For the foregoing reasons, this Court deems it appropriate to pass the following ORDER i) The writ petition is allowed ii) Respondent Nos. 2 and 3 are hereby directed to consider the petitioner's application submitted vide Annexure - D, strictly in accordance with the observations - 5 - NC: 2025:KHC:2934 WP No. 3098 of 2024 made in this order and in adherence to the applicable legal framework. iii) The respondents shall secure all relevant documents and reports, including a spot inspection report, and thereafter assess whether the petitioner's possession can be regularized, particularly in light of the state's contention that the land falls within a forest zone. iv) A reasoned order shall be passed by the competent authority after due examination of all relevant aspects within a period of four months from the date of receipt of a copy of this order. v) Until such time a decision is taken by the authority, respondent No. 2 - Tahsildar shall ensure that no precipitative action is taken against the petitioner or the subject property. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE THM List No.: 1 Sl No.: 3