- 1 - NC: 2025:KHC:7447 WP No. 2231 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 2231 OF 2025 (KLR-RES) BETWEEN: SMT GANAPU SHEDTHI AGED ABOUT 61 YEARS D/O LATE LINGAMMA SHEDTHI R/O MARDI, MEL HOSURU HOSURU POST AND VILLAGE KUNDAPURA TALUK UDUPI DISTRICT 576233 …PETITIONER (BY SRI. K PRASANNA SHETTY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING, AMBEDKAR VEEDHI, BANGALORE 560 001 2. ASSISTANT COMMISSIONER KUNDAPURA SUB DIVISION KUNDAPURA UDUPI DISTRICT 576201 3. TAHASILDAR KUNDAPURA TALUK UDUPI DISTRICT 576201 4. PANCHAYATH DEVELOPMENT OFFICER GRAMA PANCHAYATH Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7447 WP No. 2231 of 2025 IDURU KUNJADI KUNDAPURA TALUK UDUPI DISTRICT 576233 …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1-R3 NOTICE TO R4 IS DISPENSED WITH) THIS WRIT PETITION IS UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA FILED PRAYING TO QUASH THE NOTICE DTD. 06.09.2024 IN NCRCR.119/2024-25 ISSUED BY THE R-3 (ANNX-A). DIRECT THE R-3 HEREIN TO CONSIDER THE APPLICATION FILED BY THE PETITIONER SEEKING REGULARIZATION OF PETITION SCHEDULE LAND DTD. 28.01.1999 AND 27.12.2018 IN NO. 3040/2018 (ANNX-B AND C). 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 petitioner is assailing the order of the Tahsildar, which is impugned at Annexure-A, and consequently, mandamus is sought against the 3rd respondent- Tahsildar, to consider the application tendered by the petitioner seeking regularization for the petition land bearing Sy.No.141. 2. Heard the learned counsel for the petitioner and learned Additional Government Advocate appearing for - 3 - NC: 2025:KHC:7447 WP No. 2231 of 2025 respondent Nos.1 to 3. Notice to respondent No.4 is dispensed with. 3. The records submitted before this Court unambiguously reveal that the petitioner has undertaken the construction of a residential house on land classified as Government property. This unauthorized activity has triggered intervention by the 3rd respondent – the Tahsildar , who upon becoming aware of the illegal construction, issued a formal notice to the petitioner. The notice in question, which forms the basis of the present writ petition, seeks to prevent further unauthorized development on the land pending legal examination of the issue. 4. In response to the said notice, as evidenced by Annexure-A, the petitioner has contended that an application seeking regularization of the land in question has already been submitted to the 3rd respondent – Tahsildar. The petitioner asserts that this application - 4 - NC: 2025:KHC:7447 WP No. 2231 of 2025 remains under active consideration and, until its final adjudication, seeks protection from any coercive action against the ongoing construction. 5. The learned Additional Government Advocate, representing the State, has submitted, on instructions from the concerned authorities, that if any such application has indeed been filed by the petitioner, the same will be duly processed in accordance with the law. Appropriate orders will be passed following the prescribed legal framework. However, the learned Advocate has also raised serious objections to the petitioner’s conduct, particularly the act of commencing construction without prior approval or clearance. Such actions, it is argued, undermine the authority of the State and contravene established legal procedures governing the use of Government land. 6. This Court acknowledges the valid concerns raised by the learned Additional Government Advocate. The petitioner, having no legal entitlement to the Government - 5 - NC: 2025:KHC:7447 WP No. 2231 of 2025 land in question at this stage, lacks the necessary locus standi to proceed with the construction of a residential house. While the petitioner claims to have submitted an application for regularization, this submission alone does not confer any interim rights or permissions. Furthermore, the impugned notice issued by the 3rd respondent – Tahsildar specifically calls upon the petitioner to immediately cease all construction activities pending further investigation. In principle, though the circumstances of this case warrant the issuance of a writ of mandamus directing the authorities to consider the petitioner’s application, this Court is also compelled to ensure that the petitioner refrains from engaging in any unauthorized activity until a lawful determination has been made on the application for regularization. 7. In light of the foregoing discussions, this Court issues the following: ORDER i.The writ petition is partly allowed. - 6 - NC: 2025:KHC:7447 WP No. 2231 of 2025 ii.The 3rd respondent – Tahsildar – is directed to thoroughly verify the petitioner’s claim regarding the pending application for regularization of the Government land. If such an application is found to exist in the official records, the Tahsildar shall undertake a detailed inquiry, which must include a comprehensive spot inspection to be conducted by the Village Accountant and the Revenue Inspector. Should the inquiry establish that the petitioner’s application meets the eligibility criteria as stipulated under the applicable laws and regulations, the matter shall be placed before the Land Grant Committee for its consideration and appropriate decision in accordance with the law. iii.It is explicitly clarified that the petitioner shall not proceed with any construction activity on the land in question until the pending application is duly considered and a lawful determination is made by the competent authorities. Both the petitioner and the - 7 - NC: 2025:KHC:7447 WP No. 2231 of 2025 respondents are directed to maintain status quo concerning the property until a final decision is reached. iv.The entire process, including verification, spot inspection, and decision on the regularization application, shall be concluded within a period of four months from the date of receipt of a certified copy of this order. V.No order as to costs. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE sks List No.: 1 Sl No.: 26