- 1 - NC: 2025:KHC:7661 WP No. 4760 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. 4760 OF 2025 (LR) BETWEEN: 1. SRI.LOKESHA @ LOKESH GOWDA S/O LATE MANJE GOWDA AGED ABOUT 74 YEARS RESIDENT OF NETTEKERE VILLAGE KASABA HOBLI, BANTENAHALLI POST BELUR TALUK, HASSAN DISTRICT-573 115. …PETITIONER (BY SRI. GIRISHA .H.M, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING, BENGLURU-560 001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN-573 201. 3. THE ASST. COMMISSIONER SAKALESHPURA SUB-DIVISION SAKALESHPURA-573 134. 4. THE TAHSILDAR BELUR TALUK HASSAN DISTRICT-573 115. …RESPONDENTS (BY SMT. VAHEEDHA, AGA) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:7661 WP No. 4760 of 2025 THIS W.P. IS FILED UNDER ARITCLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 / DEPUTY COMMISSIONER AND THE OTHER RESPONDENTS TO CONSIDERED THE REPRESENTATION OF THE PETITIONER DATED 30.12.2024 AT ANNEXURE-K FOR GRANT OF THE SCHEDULED PROPERTY TO HIM WITHIN THE TIME LIMITS THAT MAY BE FIXED BY THIS HONBLE COURT. 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 writ petition is filed seeking a mandamus against respondent No.2 and other respondents to consider the petitioner’s representation dated 30.12.2024 as per Annexure-K and grant the petition property. 2. Heard learned counsel appearing for the petitioner and learned AGA for the respondents. 3. The petitioner is aggrieved by the inaction on the part of respondent No.2/Deputy Commissioner in not - 3 - NC: 2025:KHC:7661 WP No. 4760 of 2025 considering the petitioner's representation, wherein petitioner is seeking grant of land under Section 77 of the Karnataka Land Reforms Act, 1961. The petitioner is placing reliance on the order passed by respondent No.3 - Assistant Commissioner as per Annexure-D. The petitioner contends that he was in continuous and uninterrupted possession and cultivating the petition land measuring 2 acres 4 guntas in Sy.No.82 of Nettegere Village. In view of insertion of Section 94A of the Karnataka Land Revenue Act, the petitioner submitted an application on 30.12.2024 before the Akrama Sakrama Committee of which respondent No.4 is the Secretary. The petitioner contends that similar applications were submitted seeking grant of land. 4. The petitioner is placing reliance on the spot inspection done by respondent No.4 – Tahsildar, Revenue Inspector and Village Accountant evidenced at Annexures-E to H. Placing reliance on these documents, the petitioner is asserting that he is entitled for grant. - 4 - NC: 2025:KHC:7661 WP No. 4760 of 2025 Reliance is placed on the documents placed along with writ papers. 5. Learned AGA, on instructions, submits that the application is pending and the same will be considered and decided by the Committee in accordance with law. She has also brought to the notice of this Court that one Harish assailing the order passed by respondent No.3 – Assistant Commissioner vide Annexure –D has preferred a revision before the Deputy Commissioner. The Deputy Commissioner has dismissed the revision . while dismissing the appeal, the Deputy Commissioner has opined that the lands shall be reserved for implementation of the public schemes. 6. Since there is non-consideration of the petitioner’s representation vide Annexure-K, this Court deems it fit to issue necessary directions to the respondents. The petitioner is seeking grant under Section 77 of the Karnataka Land Reforms Act. The surplus lands, which are vested with the State - 5 - NC: 2025:KHC:7661 WP No. 4760 of 2025 Government, have to be disposed of by strictly adhering to the reservation policy as indicated in Section 77(1) of the Karnataka Land Reforms Act, 1961. The Authorities are required to hold an enquiry and ascertain whether petitioner is entitled to seek grant under Section 77 of the Karnataka Land Reforms Act, 1961. Since there is complete inaction on the part of the respondents in not deciding the application, this is a fit case where a mandamus lies. 7. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent No.2 – Deputy Commissioner is hereby directed to decide the representation submitted by the petitioner vide Annexure-K in accordance with law. - 6 - NC: 2025:KHC:7661 WP No. 4760 of 2025 (iii) This exercise shall be accomplished within a period of six months from the date of receipt of order copy. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 42