- 1 - NC: 2025:KHC:11077 WP No. 4316 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 4316 OF 2025 (KLR-RES) BETWEEN: 1. SRI NANJUNDAPPA S/O LATE SHIVANNA, AGED ABOUT 67 YEARS, R/O HOSAHALLI (AT AND POST), DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561 203. (SENIOR CITIZEN BENEFIT NOT CLAIMED) …PETITIONER (BY SRI. YOGESH V.KOTEMATH., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU 560 001. 2. THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, BEERASANDRA VILLAGE, DEVANAHALLI-562 110. 3. THE TAHSILDHAR, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 573 201. 4. THE LAND GRANT COMMITTEE FOR GRANT OF LANDS TO UNAUTHORIZED OCCUPANTS OF GOVERNMENT LANDS, DODDABALLAPURA, BENGALURU RURAL DISTRICT - 573 201. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11077 WP No. 4316 of 2025 BY ITS CHAIRMAN …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE R3 AUTHORITY TO CONSIDER THE REPRESENTATIONS DATED 12/12/2023, 16/11/2024 AND 02/01/2025 VIDE ANNEXURE-H1 TO H3 AND ISSUE SAGUVALI CHIT AND EFFECT KATHA IN THE NAME OF THE PETITIONER IN RESPECT OF THE LAND BEARING SY.NO. 10 MEASURING TO AN EXTENT OF 3 ACRE SITUATED AT TEKALAHALI VILLAGE, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT EXPEDITIOUSLY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner has filed W.P.No.17118/2021 seeking for a direction to respondents to consider and dispose of the application filed by him for regularization of unauthorized occupation of the land bearing Sy.No.10 of Tekalahalli village, Doddaballapura Taluk, Bengaluru Rural District, measuring an extent of 4 acres. 2. This Court by an order dated 22.09.2021 issued a direction to respondent No.3 herein i.e., the - 3 - NC: 2025:KHC:11077 WP No. 4316 of 2025 Tahsildar to place the file relating to the petitioner before the Committee within a period of three weeks and, further directed the Committee to consider the applications filed by the petitioner within a period of six weeks thereafter. 3. Since the said order was not complied with, the petitioner filed a contempt petition before this Court in CCC No.258/2022. In this contempt proceedings, the Tahsildar filed the affidavit in the following terms: "4. I state that I have joined as Tahsildar, Doddaballapur on 27.12.2021. I state that a copy of the order of the learned single Judge dated 22.09.2021 was served in the office of the Tahsildar on 22.10.2021. I state that the Land Grant Committee for grant of land to unauthorized occupants is chaired by the Member of the Legislative Assembly of the said constituency and the Tahsildar of the jurisdiction is the Member Secretary of the said Committee. I state that the Land Grant Committee was not in sitting, hence the file could not be placed before the said Committee - 4 - NC: 2025:KHC:11077 WP No. 4316 of 2025 as directed by the learned single Judge immediately. I state that I have placed the file and the applications of the Complainant before the 4th Respondent Committee on 11.05.2022. I state that the 4th Respondent Committee has considered the same and members of the said Committee have decided to go for spot inspection to enquire the Petitioner/Complainant is eligible and meet the requirement of law for grant of regularization of unauthorized occupation of the land. I state that the 4th Respondent Committee has once again met on 30.05.2022 wherein it is decided to grant land in favour of the Complainant and accordingly, land measuring 3 acres in Sy.No.10 of Tekalahalli Village, Doddaballapur Taluk, Bengaluru Rural District has been granted in favour of the Complainant. A copy of the proceedings of the Land Grant Committee dated 30.05.2022 along with translated copy is produced herewith and marked as ANNEXURE-R1". 4. It is therefore clear that, a solemn statement was made by the Tahsildar that the Committee had met - 5 - NC: 2025:KHC:11077 WP No. 4316 of 2025 on 30.05.2022 and had decided to grant the land in favour of the complainant. 5. It is therefore clear that, the recommendation has been made by the Committee to grant the land in favour of the petitioner. On the basis of this affidavit, the contempt proceedings were dropped, but it is the case of the petitioner that, despite the recommendation of the Committee to grant the land, the former order of grant has not been issued and that too despite the filing of W.P.No.25183/2023. 6. Rule 108-D(3) of the Karnataka Land Revenue Rules, 1966 reads as follows: "108 - D. Procedure of the Committee.- (3) On such recommendations, the Tahsildar, who shall be the Secretary of the Committee or the Additional Committee, as the case may be, shall, issue an order of grant and issue certificate of grant or saguvali chit in Form VII specified under the Karnataka Land Grant Rules, 1969, or dismiss the application, as the case may be". - 6 - NC: 2025:KHC:11077 WP No. 4316 of 2025 Provided that all such applications which were rejected on the reason that the lands were Sendhi Vana/Echalu Vana shall be placed before the Committee or Aditional Committee, after the scrutiny as specified in Rule 108-C". 7. As could be seen from the above, once a recommendation is made by the Committee, which has been constituted to consider the applications filed for regularization of unauthorized occupation, the Tahsildar should issue an order of grant and also issue a certificate or a saguvali chit, as prescribed under the Land Grant Rules. 8. In the light of the affidavit, that is filed by the Tahsildar, it is obvious that the Tahsildar will have to be necessarily issue a saguvali chit in favour of the petitioner and also an order of the grant. 9. In the light of the above, there is no justification for the Tahsildar to delay the issuance of a saguvali chit and that too after filing an affidavit in the contempt proceedings. - 7 - NC: 2025:KHC:11077 WP No. 4316 of 2025 10. Consequently, the Tahsildar is directed to issue a saguvali chit to the petitioner within a period of two months from the date of receipt of the copy of this order. 11. On issuance of the saguvali chit, it is needless to state that the khata shall also be registered in the name of the petitioner. 12. This writ petition is accordingly allowed. 13. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 15