- 1 - NC: 2025:KHC:17496 WP No. 21092 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 21092 OF 2019 (KLR-LG) BETWEEN: 1. SRI RAJGOPAL S/O LATE KRISHNAPPA OCCUPATION AGRICULTURIST R/AT LINGAPURA VILLAGE KASABA HOBLI, MALURU TALUK KOLARA DISTRICT-563130 …PETITIONER (BY SRI. ANJANEYA A B., ADVOCATE) AND: 1. THE STATE GOVERNMENT OF KARNATAKA REP BY CHIEF SECRETARY VIDHANA SOUDHA AMBEDKAR VEEDI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER OF KOLAR DISTRICT, KOLAR 563102. 3. THE THASILDAR OF MALUR # MALUR TALUK OFFICE, MALURU TOWN, KOLARA DISTRICT 563130 4. THE MUNICIPAL CHIEF OFFICER O/O MALUR TOWN MUNICIPAL OFFICE, AT MAHARAJA CIRCLE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17496 WP No. 21092 of 2019 MALUR TOWN, MALUR KOLAR DISTIRCT-563130 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-3; SRI. RAMESH KUMAR.R.V., ADVOCATE FOR R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED OFFICIAL MEMORANDUM DTD18.12.2018 ISSUED BY R-2 IN RESPECT OF LAND MEASURING 05 ACRES 20 GUNTAS OUT OF 18 ACRES 24 GUNTAS IN SY NO.49 OF LINGAPURA VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT VIDE ANNEXURE-T OF W.P, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is challenging an order of reservation made in favour of respondent No.4. 2. The challenge to the said reservation is on the ground that the petitioner had made an application seeking for registration of unauthorized occupation - 3 - NC: 2025:KHC:17496 WP No. 21092 of 2019 and ignoring his application, the land is reserved in favour of respondent No.4. 3. Learned A.G.A. sought to place on record an endorsement dated 14.08.2019 by which the Tahsildar is stated to have informed the petitioner that his application was rejected on the ground that it fell within 5 kms. radius and also on the ground that he was not found in possession, in the light of the endorsement. 4. The petitioner responded by stating that in respect of the very same land after the application had been filed by the petitioner and after the Notification was issued, it was the revenue authorities who had, in fact, granted lands to other persons in the very same survey number and he, therefore, contended that the ruse of the land being within 5 kms. was only to defeat the right of the petitioner’s entitlement. - 4 - NC: 2025:KHC:17496 WP No. 21092 of 2019 5. Learned A.G.A., on instructions, submitted that as a matter of fact two grants were made after the land came within the purview of 5 kms. radius, namely, Seenappa and to one Appaiahchary to an extent of 30 guntas and 2 acres 20 guntas and both these grants were made on 24.07.1998. This particular fact, by itself, indicates that the revenue authorities are selective in either considering or rejecting the applications filed for regularization. If the revenue authorities have ignored the 5 kms. radius in respect of Seenappa and Appaiahchari, the application of the said rule for considering the petitioner’s applications would be arbitrary and discriminatory. 6. It is also pointed out by the learned counsel for the State that after the reservation of 5 acres 20 guntas in Sy.No.49, there still remains an extent of 2 acres 29 guntas. 7. In the light of the said statement of the learned A.G.A., in my view, it would be appropriate to - 5 - NC: 2025:KHC:17496 WP No. 21092 of 2019 consider the application of the petitioner for regularization in respect of this extent of 2 acres 29 guntas and the authorities are also directed to take into consideration the fact that the revenue sketch was prepared as per Annexure-H indicating that the petitioner was in possession of 1 acre 25 guntas. 8. The Authorities shall also take into consideration the mahazar that has been drawn up, a copy of which is produced at Annexure-J, which also indicates that the petitioner was in possession of 1 acre 25 guntas in Sy.No.49. 9. In the light of the same, the Authorities shall not take into consideration the endorsement dated 14.08.2019 and it will consider the case of the petitioner on the same lines as has been considered in case of Seenappa and Appaiahchari, who had been granted land in Sy.No.49 measuring 30 guntas and 2 acres 20 guntas on 24.07.1998. - 6 - NC: 2025:KHC:17496 WP No. 21092 of 2019 10. The said exercise shall be undertaken within a period of two months. This Writ Petition is, accordingly, disposed of. 11. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE hnm List No.: 1 Sl No.: 88