- 1 - NC: 2025:KHC:16545 WP No. 6851 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 6851 OF 2025 (KVOA) BETWEEN: SRI. R.V. SESHAGIRI RAO, S/O LATE VENAKTARAO, AGED ABOUT 85 YEARS, R/AT FLAT NO.102, VAISHNAVI PARK VIEW, 36TH MAIN ROAD, 47TH CROSS, P P LAYOUT, UTTARAHALLI, BANGALORE SOUTH - 560 061. …PETITIONER (BY SRI. SATHYA D., ADVOCATE FOR SRI K.V NARASIMHAN.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER TUMKURU DISTRICT, TUMKURU- 572 101. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:16545 WP No. 6851 of 2025 3. THE TAHSILDAR KORATAGERE TALUK, TUMKURU DISTRICT - 572 129. …RESPONDENTS (BY SMT. VAHEEDA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 3RD RESPONDENT TO CONSIDER THE REPRESENTATION OF THE PETITIONER AT ANNEXURE- D AND THEREBY COMPLY THE DIRECTION OF THIS HON'BLE COURT AT ANNEXURE-C IN WP.NO.32247/2016 DATED 16.07.2018 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has filed an application for re- grant of a certain extent of land in Survey No.43 of Sankenahalli village, Kolala Hobli, Koratagere Taluk, under the provisions of the Karnataka Village Offices Abolition Act, 1961, and in response, the jurisdictional Tahsildar has issued an Endorsement dated 02.04.2016 mentioning the commencement of proceedings under the Karnataka Land Revenue Act, - 3 - NC: 2025:KHC:16545 WP No. 6851 of 2025 1964 in No.LRF/CR/1668/1976-77. The petitioner, aggrieved by this Endorsement and the resultant non-consideration of the application for re-grant, has filed writ petition in W.P.No.32247/2016 (LR-RES). This Court has disposed of this Court on 16.07.2018, and this Court's directions reads as under: "In the circumstances, there being no legal impediment for consideration of the case of the petitioner for re-grant of the land in question under the provisions of KVOA Act, the impugned endorsement could not have been issued by the second respondent - Tahsildar. In the circumstances, endorsement dated 02.04.2016 (Annexure-`F') is quashed. The second respondent is directed to consider the application made by the petitioner seeking re-grant of the land in question under the provisions of the KVOA Act in accordance with law and to pass a speaking order thereon. It is necessary to clarify that any order to be made by the second respondent - Tahsildar under the provisions of the KVOA Act would be subject to the result of the order to be made by the Land Tribunal at Koratagere Taluk in respect of the proceedings arising from Form - 4 - NC: 2025:KHC:16545 WP No. 6851 of 2025 No.7 being filed by certain third parties under the provisions of the Karnataka Land Reforms Act, 1961. Since the parties are represented by their respective counsel, they are directed to appear before the second respondent - Tahsildar on 13thAugust 2018 without expecting any separate notices from the said Authority." 2. The petitioner has preferred this petition contending that the jurisdictional Tahsildar has not considered the application despite the directions as aforesaid and a specific direction for the parties to appear before the jurisdictional Tahsildar on 13.08.2018 without separate notice and that the parties have so appeared. The petitioner seeks directions to the jurisdictional Tahsildar [the third respondent] to consider his application in terms of his representations and this Court’s directions as aforesaid. 3. This Court on 11.03.2025 has called upon Ms.Vaheeda, the learned Additional Government - 5 - NC: 2025:KHC:16545 WP No. 6851 of 2025 Advocate, to accept notice and to secure instructions on the outcome of the petitioner's application in terms of this Court's order dated 16.07.2018. On 03.04.2025, Ms.Vaheeda submitted before this Court, without mentioning the details, that the petitioner's request will be considered at the earliest. Therefore, this Court has directed the jurisdictional Tahsildar to file an affidavit to place on record the circumstances to justify the inaction for all these years. 4. Sri Manjunath K, the jurisdictional Tahsildar, who is present before the Court, has filed an affidavit referring to this Court's order dated 16.07.2018 and stating inter alia that he has reported to duty on 02.11.2023; that the concerned Village Administrative Officer and the Revenue Inspector have conducted the spot inspection on 08.01.2025. On his instructions, Ms.Vaheeda submits that, if some further reasonable time is granted, the application of the petitioner would be considered in accordance with law and as per the directions of this - 6 - NC: 2025:KHC:16545 WP No. 6851 of 2025 Court, but that should be subject to the Land Tribunal's order on the pending application in Form No.7. On instructions from the jurisdictional Tahsildar, Ms.Vaheeda states that such proceedings will be completed by 30th September 2025. 5. These submissions must be taken on record and the petition be disposed of with a direction to the jurisdictional Tahsildar [the third respondent] to consider the merits of the petitioner's application strictly in accordance with law and by a detailed reasoned order, or else, the petitioner is driven to another round of proceedings on the grounds which are better avoided. Hence, the following: ORDER The Writ Petition stands disposed of directing the jurisdictional Tahsildar [the third respondent] to dispose of the petitioner's pending application by 30th - 7 - NC: 2025:KHC:16545 WP No. 6851 of 2025 September, 2025 and in the light of this Court's observations in W.P.No.32247/2016 (LR-RES). Sd/- (B M SHYAM PRASAD) JUDGE BK List No.: 1 Sl No.: 15