- 1 - NC: 2025:KHC:7672 WP No. 4003 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 4003 OF 2025 (KLR-RES) BETWEEN: 1. SRI. SHIVAPPA .H.D S/O H. DASA AGED ABOUT 58 YEARS R/A BETTEASTHENHALLI VILLAGE HOLENARSIPURA TALUKU HASSAN DISTRICT-573 201. 2. SRI SWAMY .H.D S/O H. DASA AGED ABOUT 60 YEARS R/A BETTASTHENAHALLI VILLAGE HOLENARSIPURA TALUK HASSAN DISTRICT-523 201. …PETITIONERS (BY SRI. H. VENKATESHA DODDERI, ADVOCATE) AND: 1. THE KARNATAKA GOVERNMENT REPRESENTED BY THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S. BUILDING BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN-573 207. 3. THE ASSISTANT COMMISSIONER HASSAN DISTRICT HASSAN-573 201. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:7672 WP No. 4003 of 2025 4. 5. THE TAHASILDAR TALUK OFFICE HOLENARSIPURA HASSAN DISTRICT-573 201. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED LANDS HOLENARSIPURA TALUK HASAN DISTRICT, HASAN-573 201. 5. THE SUPERINTENDENT OF POLICE HOLENARSIPURA TALUK HASSAN DISTRICT HASSAN-573 201. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS IN RESPECT OF THE LAND BEARING SY.NO. 140 BETTADHASTHENHALLI VILLAGE, HOLENARSIPURA TALUK, HASAN DISTRICT, TO ISSUE OF WRIT OF MANDAMUS AGAINST THE R-4 TAHASILDAR TO PLACE THE FORM NO. 53 OF THE 1ST PETITIONER AS PER ANNEXURE-A DATED 15.12.1998 AND 2ND PETITIONER AS PER ANNEXURE-C DATED 15.12.1998 BEFORE THE R-5 COMMITTEE TO CONSIDER AND TO GRANT THE LAND. 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 captioned petition is filed seeking a mandamus against respondent No.4/Tahsildar who has failed to place the Form No.53 filed by the petitioners Annexures-A and B - 3 - NC: 2025:KHC:7672 WP No. 4003 of 2025 before the committee to consider petitioners' claim for regularization of unauthorized cultivation. 2. Heard learned counsel for the petitioners and learned AGA for the respondents. 3. Records reveal that petitioners have tendered application in prescribed form seeking regularization of their unauthorized cultivation. Though respondent No.4 is in receipt of application tendered by the both petitioners, there is lack of diligence on the part of respondent No.4 in not securing spot inspection and other related documents from the subordinate officers as provided under sub-Rule (3) of Rule 108(CCC) of the Karnataka Land Revenue Rules, 1966. 4. Learned AGA, on instructions, submits that petitioners application will be placed before the committee after securing respective spot inspection. 5. Recording the assurance given by learned AGA, this Court proceeds to pass the following: - 4 - NC: 2025:KHC:7672 WP No. 4003 of 2025 ORDER (i) Writ petition is allowed; (ii) Respondent No.4/Tahsildar is hereby directed to scrutinize the application tendered by the petitioners by adhering to the procedure provided under sub-Rule (3) of Rule 108(CCC) of the Karnataka Land Revenue Rules, 1966; (iii) If the application is found eligible, respondent No.4 shall ensure that the application is placed before the Land Grant committee for further course of action; (iv) Till petitioners application is considered by the Land Grant Committee, respondent No.4 shall ensure that no precipitative action is taken; (v) This exercise shall be accomplished within a period of four months from the date of receipt of a copy of this order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 35