- 1 - NC: 2025:KHC:5280 WP No. 2934 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 2934 OF 2025 (KLR-REG) BETWEEN: 1. VENKATESHAPPA .N S/O LATE CHIKKANARASAPPA AGED ABOUT 72 YEARS R/AT BUDIGERE VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 129. …PETITIONER (BY SRI. CHANDRASHEKAR .C, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU-560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER DISTRICT ADMINISTRATIVE COMPLEX 1ST FLOOR, BEERASANDRA VILLAGE KUNDANA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 110. 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDBAGALLPURA TALUK DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-561 203. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5280 WP No. 2934 of 2025 4. THE TAHSILDAR DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 110. …RESPONDENTS (BY SRI. MANJUNATHA .K, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.4 AUTHORITY TO TAKE APPROPRIATE STEPS TO CONSIDER THE APPLICATION VIDE FORM NO. 53 IN RESPECT OF THE LAND IN SY.NO. 215, MEARUING 13 GUNTAS, SITUATED AT BUDIGERE VILLAGE, DEVANAHALLI TALUK, BY PLACING THE SAID APPLICATION IN TERMS OF ANNEXURE-B, BEFORE THE COMMITTEE FOR REGULATIONS OF UNAUTHORISED OCCUPATION AND ISSUE OFFICIAL MEMORANDUM AND SAGUVALI CHIT BY REGULARISING THE SAID LAND IN FAVOUR OF THE PETITIONER. 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 Petitioner is seeking a mandamus against respondent No.4/Tahsildar to consider the application tendered in Form No.53 seeking regularization of his unauthorized occupation over petition land bearing Sy.No.215 measuring 20 guntas. - 3 - NC: 2025:KHC:5280 WP No. 2934 of 2025 2. Heard learned counsel for the petitioner and learned HCGP for the respondents. 3. Although the petitioner submitted an application in Form No.53 on 23.11.1998, there has been an unjustified and prolonged inaction on the part of respondent No.4 in failing to place the petitioner’s application before the Land Grant Committee along with the requisite documents. This inaction is particularly glaring in light of the fact that other applicants who submitted similar applications contemporaneously with the petitioner have had their cases duly considered by the Land Grant Committee, which subsequently recommended their regularization. The petitioner has furnished documentary evidence in support of this assertion, as reflected in Annexures-E1 and E2. The arbitrary and selective treatment meted out to the petitioner, despite the identical nature of his application, constitutes a clear case of discrimination and violates the principles of fairness and equal treatment under the law. The inaction - 4 - NC: 2025:KHC:5280 WP No. 2934 of 2025 of respondent No.4 has not only caused undue hardship to the petitioner but also amounts to a denial of his legitimate rights. 4. Furthermore, during the course of the proceedings, the Learned High Court Government Pleader (HCGP), upon receiving instructions, has assured this Court that a Land Grant Committee will be constituted within a week. It has also been assured that, immediately upon its constitution, the committee will take up the petitioner’s application for consideration and pass appropriate orders. 5. However, given the history of neglect in addressing the petitioner’s claim, it is imperative that the committee ensures an expeditious and impartial examination of the matter. The failure to consider the petitioner’s application, despite similar applications being processed and recommended for regularization, not only highlights administrative arbitrariness but also amounts to an infringement of the petitioner’s right to equal - 5 - NC: 2025:KHC:5280 WP No. 2934 of 2025 treatment. The petitioner, having submitted all necessary documents, cannot be subjected to continued inaction while others in identical circumstances have been granted relief. The delay in addressing the petitioner’s application must, therefore, be rectified at the earliest to uphold the principles of justice and non-discrimination. 6. Recording the assurance of learned HCGP, this Court proceeds to pass the following: ORDER (i) Writ petition is allowed; (ii) The respondent No.4/Tahsildar shall ensure that the application tendered by the petitioner in Form No.53 is placed before the committee; (iii) The Land Grant Committee post constitution shall forthwith undertake an enquiry and decide petitioner's eligibility to seek regularization; - 6 - NC: 2025:KHC:5280 WP No. 2934 of 2025 (iv) This exercise shall be accomplished within a period of four months from the date of constitution of the committee. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 32