- 1 - NC: 2025:KHC:3451 WP No. 3469 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 3469 OF 2024 (KLR-RES) BETWEEN: SMT. LATHA, W/O LATE NARAYANA GOWDA, AGED ABOUT 49 YEARS, RESIDENT OF AREBOPPANAHALLI VILLAGE, KASABA HOBLI, K R PET TALUK, MANDYA DISTRICT - 571 426. …PETITIONER (BY SRI. DEVENDRAPPA., ADVOCATE) AND: 1. STATE OF KARNATAKA, REP BY THE PRINCIPAL REVENUE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA - 571 401. 3. THE ASSISTANT COMMISSIONER, PANDAVAPURA SUB DIVISION, PANDAVAPURA - 571 434. Digitally signed by SUMA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:3451 WP No. 3469 of 2024 4. THE TAHSILDAR, KRISHNARAJPET TOWN, K R PET - 571 426. 5. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION OF GOVERNMENT LAND, K R PET TOWN - 571 426. 6. SMT. SUNDARAMMA, D/O DEVIRAMMA W/O A. B. PUTTASWAMY GOWDA, AGED ABOUT 57 YEARS, R/O AGRAHARA, KASABA HOBLI, K. R. PETE TALUK, MANDAY DISTRICT. …RESPONDENTS (BY SRI B. P. RADHA, AGA FOR R1 TO R3; SRI. D. C. JAGADEESH, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 TO CONSIDER THE REPRESENTATION/APPLICATION FILED BY THE PETITIONER DTD 15.05.2017 FOR GRANT OF UNAUTHORIZED OCCUPATION OF SCHEDULE LAND VIDE ANNEXURE-F. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the caption petition, the petitioner is seeking a mandamus against the respondent No.3, to consider their representation dated 15.05.2017. Under the said representation, the petitioner is claiming to be an unauthorized - 3 - NC: 2025:KHC:3451 WP No. 3469 of 2024 occupant and therefore, she has sought for regularization of her unauthorized occupancy. The respondent No.6 is asserting right based on a grant made in her favour. 2. It is evident that the petitioner’s husband had previously submitted an application seeking regularization of the subject land. However, after due consideration, the competent authority rejected the said application. In light of this rejection, it appears that the petitioner, while submitting her own application, has made a weak and insubstantial attempt to assert a fresh claim over the same land. The Court is of the opinion that once the husband’s application has been declined by the committee and there is no recommendation in his favor, the petitioner, merely by virtue of being his wife, cannot sustain a separate application for the same piece of land. Allowing such an application would amount to circumventing the rejection already made by the competent authority and would set an untenable precedent. 3. Nevertheless, if the petitioner has indeed filed a fresh application for regularization, the Tahsildar shall be responsible for obtaining a detailed report on the matter and - 4 - NC: 2025:KHC:3451 WP No. 3469 of 2024 subsequently placing it before the relevant committee for consideration. While evaluating the petitioner’s application, the committee shall take into account the fact that the land in question has already been granted in favor of respondent No.6. The grant made in favor of respondent No.6 shall, however, remain subject to the final outcome of the enquiry to be conducted by the competent authority. The committee, while deliberating on the petitioner’s claim, shall duly consider the previous decision rejecting the application of her husband and ensure that no undue advantage is taken by the petitioner by way of filing a fresh application for the same land. 4. Accordingly, the writ petition is disposed off. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE THM List No.: 1 Sl No.: 7