- 1 - NC: 2025:KHC:10288 WP No. 4708 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 4708 OF 2023 (KLR-RES) BETWEEN: 1. SRI MOHAN POOJARY @ MOHAN KOTIAN S/O UDUPA POOJARY AGED ABOUT 70 YEARS NAGARAKATTE MARPADI VILLAGE MOODABIDRI DK-574 227. …PETITIONER (BY SRI. CHANDRANATH ARIGA .K, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER DAKSHINA KANANDA DISTRICT, MANGALORE, DK-575 001. 2. TAHASILDAR MOODABIDRI TALUK, MOODABIDRI, DK-574 227. 3. THE CHIEF OFFICER TOWN MUNICIPALITY, MOODABIDRI, DK-574 227. 4. THE CHIEF EXECUTIVE OFFICER TALUK PANCHAYATH, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10288 WP No. 4708 of 2023 MOODABIDRI TALUK, DK- 574 227. …RESPONDENTS (BY SRI. SESHU V., HCGP FOR R-1 & R-2; SRI. I.THARANATH POOJARY, SENIOR COUNSEL FOR SRI.KETHAN KUMAR, ADVOCATE FOR R-3; SRI. SHARANJITH SHETTY, ADVOCATE FOR R-4) THIS WP FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO. 2 TO CONSIDER THE APPLICATION FILED BY THE PETITIONER DATED 10.02.2023 (ANNEXURE-E) AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner and his family members were conferred occupancy rights to an extent of 6.76 Acres in Sy.Nos.71/2G, 79/1A2, 79/2, 4, 6, 7, 8 and 4. However, it is also the contention of the petitioner that an extent of 5.70 Acres of kumki lands are attached to the main land or warg land and the petitioner along with the family members are enjoying the kumki privileges attached to the warg land. The petitioner had also filed an application in terms of Annexure-B, seeking regularisation of unauthorised occupation of 3.20 Acres of land in - 3 - NC: 2025:KHC:10288 WP No. 4708 of 2023 Sy.No.223, which forms part of the kumki lands. The petitioner is aggrieved of the fact that 2.00 Acres of lands in the said Sy.No.223 have been granted by the Deputy Commissioner for the benefit of newly formed Taluk Panchayath of Moodabidri Taluk. The prayer in the writ petition is to direct the Tahsildar, Moodabidri to consider the application filed by the petitioner at Annexure-B for regularisation of unauthorised occupation and to direct the respondents not to dispossess the petitioner from the schedule property without due process of law. 2. During the course of these proceedings, since it was contended at the hands of the learned Counsel for petitioner that without extinguishing the rights of the petitioner and his family members insofar as the kumki privileges are concerned, the Deputy Commissioner could not have proceeded to allot 2.00 Acres of land in favour of the Taluk Panchayath therefore, this Court had directed the Deputy Commissioner to consider the grievance of the petitioner insofar as the rights and kumki privileges of the - 4 - NC: 2025:KHC:10288 WP No. 4708 of 2023 petitioner and his family members, and pass orders in terms of Section 79(2) of the Karnataka Land Revenue Act, in the matter of grant and extinguishment of the kumki rights and privileges. The orders passed by the Deputy Commissioner, were found fault with, since no opportunity of hearing was given to the petitioner. Therefore, the matter was once again remanded back to the Deputy Commissioner and finally, the Deputy Commissioner has passed an order on 03.08.2024, which has been filed by the learned HCGP along with the memo dated 05.08.2024. 3. Learned Counsel for the petitioner submits that although the Deputy Commissioner has passed the order having regard to Section 79(2) of the Act, nevertheless, it could be seen that the grant made in favour of the Taluka Panchayath is only 2.00 Acres and therefore, the order passed by the Deputy Commissioner is required to be restricted to the said extent of 2.00 Acres and the petitioner should be permitted to enjoy the kumki rights in respect of the remaining 1.20 Acres of land. - 5 - NC: 2025:KHC:10288 WP No. 4708 of 2023 4. Per contra, learned High Court Government Pleader submits that the prayer made in the writ petition is to direct the Tahsildar to consider the application filed by the petitioner under Rule 108 of the Karnataka Land Revenue Rules, 1966, for regularisation of unauthorised occupation of 3.20 Acres of land and therefore, the Deputy Commissioner, in the order dated 03.08.2024 has rightly held that the land in dispute is situated within the heart of the Taluk Panchayath of Moodabidri and is a valuable property and therefore, the same cannot be regularised in favour of petitioner. 5. Moreover, it was pointed out that at the initial stages of these proceedings learned Senior Counsel Sri. I. Tharanath Poojary, appearing for the Taluk Panchayath had placed on record certain information along with the statement of objections that the application filed by the petitioner at Annexure-B was rejected on 26.12.2003 in terms of Annexure-R1. It is pointed out from Annexure-R4 that an endorsement dated 27.02.2023 was issued by the Tahsildar in favour of the petitioner - 6 - NC: 2025:KHC:10288 WP No. 4708 of 2023 clearly stating that his application at Annexure-B has been rejected by order dated 26.12.2003. 6. The learned High Court Government Pleader would therefore submit that having regard to the prayer made in the writ petition, and having regard to the fact that the application filed by the petitioner for regularization has been rejected way back in the year 2003, no directions can be issued to the Tahsildar for regularization of unauthorised occupation. 7. Learned Senior Counsel Sri. I. Tharanath Poojari, appearing for the Taluka Panchayath submits that 2.00 Acres of land have been allotted to the newly formed Taluk Panchayath after the formation of Moodabidri Taluk and the land has been utilized for construction of the Taluk Office which is for the benefit of the general public. Insofar as the claim of the petitioner regarding the remaining extent of 1.20 Acres is concerned, the learned Senior Counsel would submit that it is between the State Government or Deputy Commissioner and the petitioner, and the claim of the petitioner in respect of the remaining - 7 - NC: 2025:KHC:10288 WP No. 4708 of 2023 extent of land should not in anyway come between the petitioner and the Taluk Panchayath. 8. Having heard the learned Counsel Sri.K.Chandranath Ariga, for the petitioner the learned Senior Counsel Sri. I. Tharanath Poojari, learned High Court Government Pleader and on perusing the petition papers, this Court finds that the petitioner is seeking necessary directions to the Tahsildar for consideration of the application filed at Annexure-B. Learned Counsel for the petitioner had contended that the application at Annexure-B has not been considered by the competent authority and therefore, necessary directions are required to be issued to the Tahsildar to consider the application and place the same before the Committee for Regularisation of Unauthorised Occupation. This Court however is of the considered opinion that the petitioner cannot be permitted to blow hot and cold. If it is the claim of the petitioner and his family members that they enjoy kumki privileges attached to the main land or warg land, it will disable the petitioner from seeking - 8 - NC: 2025:KHC:10288 WP No. 4708 of 2023 regularisation of unauthorised occupation in respect of the same land. Insofar as the power of Deputy Commissioner to curtail or extinguish the rights of kumki, is provided in Section 79 of the Act. The Deputy Commissioner has referred to two decisions in his order dated 03.08.2024 where the powers of the Deputy Commissioner in the matter of extinguishment of the rights of kumki have been upheld. Nevertheless, it is the contention of the petitioner that only 2.00 Acres of land have been allotted to the Taluk Panchayath. 9. The learned Counsel for petitioner is right in his submission that having regard to the fact that 2.00 Acres of land have been allotted to the Taluk Panchayath, the orders passed by the Deputy Commissioner on 03.08.2024 shall be restricted to 2.00 Acres already allotted in favour of the Taluk Panchayath. Insofar as the remaining extent of land is concerned, the right of the petitioner along with his family members shall continue only for the purpose of enjoyment of the kumki privileges in respect of the remaining part of the land in Sy.No.223/5 situated at - 9 - NC: 2025:KHC:10288 WP No. 4708 of 2023 Marpadi village, Moodabidri Taluk. The question of extinguishment of the rights of the petitioner and his family members to enjoy the kumki privileges are concerned, appropriate orders can be passed by the Deputy Commissioner when it becomes necessary for the Deputy Commissioner or the State Government to allot the said lands in public interest. Till then, the rights of the petitioner along with his family members to enjoy the kumki privileges shall continue barring the 2.00 Acres of land which have already been allotted in favour of the Moodabidri Taluk Panchayath. 10. With these observations, the writ petition stands disposed of. 11. In view of the disposal of the main petition, pending Interlocutory Applications do not survive for consideration and are accordingly disposed of. Sd/- (R DEVDAS) JUDGE JS,DL List No.: 1 Sl No.: 35