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2025 DAILYLAW 17596 (KAR)

HALESH NAIKA v. THE STATE OF KARNATAKA

WP/8791/2013 · 2025-04-09

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:15386 WP No. 8791 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 8791 OF 2013 (KLR-RR/SUR) BETWEEN: 1. HALESH NAIKA S/O LATE GANGA NAIKA AND LATE KESLIBAI, AGED ABOUT 43 YEARS AYANUR KOHALLA TANDA AYANUR POST, HARANAHALI HOBLI SHIMOGA-577211 2. GOVINDA NAIKA S/O HALANAIKA, AGED ABOUT 52 YEAS AYANUR KOHALLA TANDA AYANUR POST, HARANAHALLI HOBLI SHIMOGA -577211 3. GURA NAIKA S/O SEVYA NAIKA AGED ABOUT 60 YEARS AYANUR KOTE TANDA, AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211. 4. NAYNA NAIKA S/O JEMLA NAIKA AGED ABOUT 63 YEARS AYUNAUR KOTE TANDA AYANAUR POST, HARANAHALLI HOBLI SHIMOGA -577211 5. SANKRA NAIKA S/O PEEKLA NAIKA AGED ABOUT 45 YEARS AYUNAUR KOTE TANDA AYANAUR POST Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15386 WP No. 8791 of 2013 HARANAHALLI HOBLI SHIMOGA -577211 6. KRISHNA NAIKA S/O LATE BABI NAIKA AGED MAJOR AYUNAUR KOHALLA TANDA AYANAUR POST HARANAHALLI HOBLI SHIMOGA -577211 7. KANNAPPA S/O MUNISWAMY AGED ABOUT 63 YEARS AYUNAUR KOHALLA TANDA AYANAUR POST HARANAHALLI HOBLI SHIMOGA -577211 8. NAGESH S/O MANJAPPA AGED MAJOR AYUNAUR KOTE TANDA AYANAUR POST HARANAHALLI HOBLI SHIMOGA -577211 9. MUMTAZ W/O FAYAJ AHEMAD AGED ABOUT 44 YEARS AYUNAUR KOTE TANDA AYANAUR POST HARANAHALLI HOBLI SHIMOGA -577211 10. MOHAMAD RAFI S/O MOHAMAD DASTHAGIRI AGED ABOUT 48 YEARS AYANUR KOHALLA TANDA AYANUR POST, HARANAHALLI HOBLI SHIMOGA-577211 - 3 - NC: 2025:KHC:15386 WP No. 8791 of 2013 11. MOHAMAD JAVID S/O MOHAMAD DASTHAGIRI AGED ABOUT 46 YEARS AYANUR KOHALLA TANDA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 12. SYIED MOHABUB ALI S/O ISMAILSAB AGED ABOUT 45 YEARS AYANUR SAMIL ROAD AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 13. JAHIR AHAMAD S/O ABDUL SATHAR SAB AGED ABOUT 50 YEARS AYANUR KOHALLA TANDA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 14. ASLAM S/O ABDUL SATHAR SAB AGED ABOUT 55 YEARS AYANUR KOHALLA TANDA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 15. ABDUL KUDDUS S/O ABDUL SATHAR SAB MAJOR IN AGE AYANUR KOHALLA TANDA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 16. TOGYANAIKA S/O GEMYAYANAIKA - 4 - NC: 2025:KHC:15386 WP No. 8791 of 2013 AGED ABOUT 58 YEARS AYANUR KOTE TANDA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 17. KIMYAYANAIKA S/O ESHWARANAIKA AGED ABOUT 50 YEARS AYANUR KOTE TANDA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 18. PAPIBAI D/O ESHWARANAIKA AGED ABOUT 50 YEARS AYANUR KOTE TANDA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 19. DAAKYA NAIKA S/O ROOPALANIAKA AGED ABOUT 59 YEARS AYANUR KOTE TANDA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 20. THEERTHAPPA S/O SANNAYAKAPPA AGED ABOUT 50 YEARS AYANUR CHAMUNDIPURA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 21. LAKSMI BAI W/O SEVYANAIKA AGED ABOUT 36 YEARS CHAMUNDIPURA KOHALLA - 5 - NC: 2025:KHC:15386 WP No. 8791 of 2013 AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 22. G DAKKYANAIKA S/O GEMYANAIKA AGED ABOUT 55 YEARS AYANUR KOTE TANDA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 23. GEMYA NIAKA S/O NANYANAIKA AGED ABOUT 63 YEARS AYANUR KOTE TANDA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 24. JEVLANAIKA S/O MEGNANAIKA AGED ABOUT 70 YEARS AYANUR KOTE TANDA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 25. MUNEER AHAMAD S/O LATE IBRAHIM AGED ABOUT 58 YEARS AYANUR SAMIL ROAD AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 26. NAJEER AHAMAD S/O LATE IBRAHIM AGED ABOUT 48 YEARS AYANUR SAMIL ROAD AYANUR POST HARANAHALLI HOBLI - 6 - NC: 2025:KHC:15386 WP No. 8791 of 2013 SHIMOGA-577211 27. JUBEDA BEGUM W/O LATE ABDUL BAKSHI AGED ABOUT 48 YEARS AYANUR KOHALLA TANDA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 28. SHAHID S/O IBRAHIMSAB AGED ABOUT 42 YEARS AYANUR KOHALLA TANDA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 29. DAKKYANAIKA S/O MAMYANAIKA AGED ABOUT 55 YEARS AYANUR KOTE THANDA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 30. KHUBYANAIKA S/O SEETHA NAIKA AGED ABOUT 76 YEARS AYANUR KOHALLA THANDA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 31. KITTAPPA S/O MARIYAPPA AGED ABOUT 70 YEARS AYANUR KOHALLA THANDA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 - 7 - NC: 2025:KHC:15386 WP No. 8791 of 2013 32. JIYAULLA S/O ANWERSAD AGED ABOUT 40 YEARS AYANUR SAMIL ROAD AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 33. ESHWARAPPA S/O HANUMANTHAPPA MAJOR IN AGE AYANUR KOHALLA THANDA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 34. NARAYANAPPA S/O VENKATAPPA AGED ABOUT 54 YEARS AYANUR CHAMUNDIPURA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 35. VASAPPA S/O HALAPPA AGED ABOUT 56 YEARS AYANUR CHAMUNDIPURA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 36. NAJIMUNISA W/O MOHAMMAD HANIEF AGED ABOUT 72 YEARS AYANUR CHAMUNDIPURA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 37. RAFFIK AHAMED S/O MOHAMMAD HANIEF - 8 - NC: 2025:KHC:15386 WP No. 8791 of 2013 AGED ABOUT 46 YEARS AYANUR CHAMUNDIPURA AYANUR POST HARANAHALLI HOBLI SHIMOGA-577211 38. EJAJ AHAMED S/O AHAMED HANIEF, AGED ABOUT 50 YEARS, AYANUR CHAMUNDIPURA, AYANUR POST, HARANAHALLI HOBLI, SHIMOGA-577211. 39. LALITHAMMA BOVI W/O RAJAMANIKAPPA BOVI, AGED ABOUT 58 YEARS, IN FRONT OF AYANUR HIGH SCHOOL, AYANUR POST, HARANAHALLI HOBLI, SHIMOGA-577211. 40. RUKMINIYAMMA W/O LAXMANA BOVI, AGED 60 YEARS, AYANUR HIGH SCHOOL ROAD, AYANUR POST, HARANAHALLI HOBLI, SHIMOGA-577211. 41. YELLAPPA S/O RAMACHANDRA BOVI, AGED ABOUT 45 YEARS, AYANUR HIGH SCHOOL ROAD, AYANUR POST, HARANAHALLI HOBLI, SHIMOGA-577211. 42. KALAMMA W/O SHANKARAPPA, AGED ABOUT 65 YEARS, AYANUR HIGH SCHOOL ROAD, AYANUR POST, - 9 - NC: 2025:KHC:15386 WP No. 8791 of 2013 HARANAHALLI HOBLI, SHIMOGA-577211. 43. VELAYUDAN S/O SHANKARAPPA, AGED ABOUT 55 YEARS, AYANUR HIGH SCHOOL ROAD, AYANUR POST, HARANAHALLI HOBLI, SHIMOGA-577211. 44. RENUKAMMA W/O PRASHURAMA BOVI, AGED ABOUT 48 YEARS, AYANUR HIGH SCHOOL ROAD, AYANUR POST, HARANAHALLI HOBLI, SHIMOGA-577211. 45. G.SELVARAJ S/O PANCHALAMMA, AGED ABOUT 52 YEARS, IN FRONT OF AYANUR HIGH SCHOOL ROAD, AYANUR POST, HARANAHALLI HOBLI, SHIMOGA-577211. 46. G. MANJUNATHA S/O PANCHALAMMA AGED ABOUT 40 YEARS IN FRONT OF AYANUR HIGH SCHOOL AYANUR POSTHARANAHALLI HOBLI SHIMOGA 577211 47. KUMARANAIKA S/O APPINAIKA AGED ABOUT 45 YEARS AYANUR KOTE TANDA AYANUR POST HARANAHALLI HOBLI SHIMOGA 577211 48. DURGIBAI W/O VENKANAIKA AGED ABOUT 70 YEARS AYANUR KOTE TANDA AYANUR POST HARANAHALLI HOBLI - 10 - NC: 2025:KHC:15386 WP No. 8791 of 2013 SHIMOGA 577211 …PETITIONERS (BY SRI. SHOWRI H R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SECRETARY REVENUE DEPARTMENT M.S. BUILDING BANGALORE 2. DEPUTY COMMISSIONER SHIMOGA DISTRICT SHIMOGA 3. SHIMOGA THALUK REGULARIZATION COMMITTEE REP. BY ITS SECRETARY TAHASILDAR SHIMOGA TALUK SHIMOGA. 4. THE ASSISTANT COMMISSIONER, SHIMOGA DISTRICT, SHIMOGA -577201. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS OF REGULARIXATION PROCEEDINGS FROM R2 AND 3 IN RESPECT OF SY NO.123 OF AYANUR VILLAGE, HARANAHALLI HOBLI SHIMOGA TALUK AND DIST AND QUASH THE ORDER OF R2 DATED 24.1.13 VIDE ANNX-H, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 11 - NC: 2025:KHC:15386 WP No. 8791 of 2013 ORAL ORDER 1. These facts are not in dispute. 2. The petitioners had filed applications for regularization of unauthorized occupation in respect of land bearing Sy.No.123 of Ayanur Village, Haranahalli Hobli, Shivamogga Taluk. The said applications were processed and placed before the Committee which had been constituted to consider the applications filed for regularization of unauthorized occupation. 3. As per the affidavit filed by the Tahsildar dated 19.03.2025, the Tahsildar admits that the Committee had unanimously resolved to accept the applications of the petitioners for regularization. The Tahsildar also admits that a letter was addressed to the Deputy Commissioner requesting him to grant permission to make required changes in the gomala, but the said request was rejected by the Deputy Commissioner. He further goes on to state that the - 12 - NC: 2025:KHC:15386 WP No. 8791 of 2013 Deputy Commissioner thereafter proceeded to pass the order on 24.01.2013 reserving an extent of 140 acres of land in Sy.No.123 for various public purposes and in view of this particular order of reservation, the Assistant Commissioner passed an order on 14.02.2013 setting aside the recommendation of the Committee. 4. The petitioners are before this Court not only challenging the rejection of recommendation by the Assistant Commissioner, but also the order reserving the lands in question under Section 71 of Karnataka Land Revenue Act, 1964 (for brevity, "the Act") by the Deputy Commissioner. 5. It cannot be in dispute that the applications filed by the petitioners in the year 1991 were to be considered as provided under Section 94-A of the Act. Section 94-A(6) of said Act reads as under: "94-A. Regularisation of certain cases of unauthorized occupation by constituting committee etc.- ***** - 13 - NC: 2025:KHC:15386 WP No. 8791 of 2013 (6) Notwithstanding anything contained in the preceding sub-section,- (a) The Tahsildar concerned shall issue the order of grant of land, on the recommendations of the committee or additional committee, as the case may be, if any, and issue the saguvali chit. The amount payable, if any, shall be paid in three equal installments of which the first one shall be paid before the expiry of a period of thirty days from the date of communication of the order of grant and the remaining two within such period as may be prescribed; and (b) ***** (c) the trees, if any, standing on the land granted and the granite in such land shall continue to belong to the Government, which may at its discretion be disposed off by it, in such manner as it may deem fit." 6. Since the Tahsildar admits in his affidavit dated 19.03.2025 that the Committee constituted for regularization of unauthorized occupation did unanimously recommend to regularize the unauthorized occupation of the petitioners by virtue of Section 94-A(6) of the Act, the Tahsidlar was - 14 - NC: 2025:KHC:15386 WP No. 8791 of 2013 bound to issue an order of grant and issue a saguvali chit. However, in this case, the Tahsildar has proceeded to make a request to the Deputy Commissioner to reduce the extent of gomal land but the Deputy Commissioner, however, has gone on to reserve the same under Section 71 of the Act for various public purposes. It is therefore clear that the Deputy Commissioner has passed an order under Section 71 of the Act solely to get over the recommendation of the Committee which had to culminate in issuance of a saguvali chit. 7. In my view, since the order of reservation passed by the Deputy Commissioner was essentially to get over the recommendation made by the Committee under Section 94-A of the Act, said order cannot be sustained and the same is accordingly quashed. 8. Since on the basis of the reservation, the applications of the petitioners have also been rejected by the order of the Assistant Commissioner, - 15 - NC: 2025:KHC:15386 WP No. 8791 of 2013 the said order cannot also be sustained and is accordingly quashed. Consequently, the Tahsildar is directed to abide by the recommendation of the Committee and issue saguvali chit to the petitioners, in whose case the Committee had made a recommendation to regularize the unauthorized occupation, within a period of four months from the date of receipt of a copy of this order. 9. The writ petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 55