Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:17893 WP No. 3838 of 2025 C/W WP No. 3840 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 3838 OF 2025 (KVOA) C/W WRIT PETITION NO. 3840 OF 2025 (KVOA)
IN WP No. 3838/2025 BETWEEN:
SRI MADHU G S/O. LATE JAYARAM, AGED ABOUT 35 YEARS, R/AT CHINNAKALU VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT-563 101. …PETITIONER (BY SRI. CHOKKAREDDY., ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE-560 001.
2.
DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR-563 101.
Digitally signed by VANAMALA N Location: High Court of Karnataka
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NC: 2025:KHC:17893 WP No. 3838 of 2025 C/W WP No. 3840 of 2025
3.
ASSISTANT COMMISSIONER KOLAR SUB-DIVISION, KOLAR, PIN CODE-563 101.
4. TAHSILDAR MALUR TALUK, PIN CODE-563 101. …RESPONDENTS (BY SMT. VAHEEDA, AGA FOR R1 & R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.4 TO CONSIDER ANNEXURE-A AND A-1 DATED 04.11.2022 AND 13.01.2023, FOR REGRANT OF LAND IN RESPECT OF THE SY.NO.103 MEASURING 1 ACRE 20 GUNTAS, SITUATED AT CHINNAKALU VILLAGE, KASABA HOBLI, MALUR TALUK .
IN WP NO. 3840/2025
BETWEEN:
SRI MURALI S/O LATE KRISHANAPPA AGED ABOUT 36 YEARS, R/AT CHINNAKALU VILLAGE KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT-563 101. ...PETITIONER (BY SRI. CHOKKAREDDY., ADVOCATE) AND:
1.
STATE OF KARNATAKA REPTS BY PRINCIPAL SECRETARY REVENUE DEPARTMENT,
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NC: 2025:KHC:17893 WP No. 3838 of 2025 C/W WP No. 3840 of 2025
M.S. BUILDING, AMBEDKAR BEEDHI, BANGALORE -560001.
2.
DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR- 563101.
3.
ASSISTANT COMMISSIONER KOLAR SUB-DIVISION, KOLAR-563 101.
4. TAHSILDAR MALUR TALUK PINCODE : 563 101. ...RESPONDENTS (BY SRI. VAHEEDA, AGA FOR R-1 AND R-4)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R4 TO CONSIDER ANNEXURE-A AND A1 DATED 31/10/2022 AND 13/01/2023, FOR REGRANT OF LAND IN RESPECT OF THE SY.NO. 103 MEASURING 1 ACRE 10 GUNTAS, SITUATED AT CHINNAKALU VILLAGE, KASABA HOBLI, MALUR TALUK AND ETC.,
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE B M SHYAM PRASAD
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NC: 2025:KHC:17893 WP No. 3838 of 2025 C/W WP No. 3840 of 2025
ORAL ORDER The learned counsel for petitioners contends that the petitioners are the authorized occupants of the corresponding lands in Chinnakalu Village, Kasaba Hobli, Malur Taluk, and they are entitled for grant of occupancy rights under the provisions of the Karnataka Village Offices Abolition Act, 1961 (for short "the Act") and they have also filed applications for grant of occupancy rights accordingly but no decision is taken on such representation
It was initially stated before this Court by Ms. Vaheeda, the learned Additional Government Advocate, that the Circular dated 15.10.2022, which conferred jurisdiction on the Deputy Commissioner to decide applications under the provisions of the Act is withdrawn and the petitioners will have to await appropriate orders on the jurisdictional authority to decide the applications. However, presently a copy of the Notification dated 28.04.2025 is placed on record. It is seen from this Notification that it is reiterated
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NC: 2025:KHC:17893 WP No. 3838 of 2025 C/W WP No. 3840 of 2025
that the concerned Deputy Commissioner would be the competent authority under the Act to consider the applications and the applications filed in terms of the amended Rules permitting applications by authorized occupants.
With this turn of events, the petitions stand
disposed of with liberty to the petitioners to file a certified copy of this order with the jurisdictional Deputy Commissioner and seek expedited decision on their applications. The jurisdictional Deputy Commissioner is called upon to endeavour to decide all these applications within a period of five [5] months from the date of receipt of a certified copy of this order.
Sd/- (B M SHYAM PRASAD) JUDGE
PSJ**