- 1 - NC: 2025:KHC:13937 WP No. 14023 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO.14023 OF 2014 (KLR-LG) BETWEEN: SRI MOULA SAB S/O LATE PASHA SAB SINCE DEAD BY LRs., 1. SRI. JUBEDA BEGUM, W/O LATE MOULA SAB, AGED ABOUT 73 YEARS, 2. SMT. PARIDDABEGUM, W/O MASTAN SAB, D/O LATE MOULA SAB, AGED ABOUT 50 YEARS, 3. SMT. SHAKILA TALJ, SINCE DEAD BY LRs., 3(a) SRI. IRSHAD PASHA, S/O LATE ANWAR, AGED ABOUT 31 YEARS, R/AT NEAR GOWSIGE MASJID, RAHMATH NAGAR, SHIDLAGATHA, CHIKKABALLAPURA DISTRICT-562105. 3(b) SMT. NASREEN TAJ, W/O RIZWAN.C, AGED ABOUT 30 YEARS, R/AT No.14/1, WARD No.16, 1ST TMC LAYOUT, VTC SIDLAGATTA., CHIKKABALLAPURA DISTRICT-562 105. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13937 WP No. 14023 of 2014 4. SRI. ALLABAKASHA S/O LATE MOULA SAB, AGED ABOUT 43 YEARS, 5. SRI. MAHABUB PASHA, S/O LATE MOULA SAB, AGED ABOUT 33 YEARS, PETITIONERS No.1, 2, 4 & 5 ARE R/AT SHANTHEKALLAHALLI VILLAGE, KAIVARA HOBLI, CHINTHANMANI TALUK, CHIKKABALLAPURA DISTRICT. …PETITIONERS (BY SRI. SRIDHAR.R., ADVOCATE FOR PETITIONERS) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT BY ITS PRINCIPAL SECRETARY VIKASA SOUDHA BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA. 3. THE ASSISTANT COMMISSIONER F CHIKKABALLAPURA SUB-DIVISION CHIKKABALLAPURA. 4. THE LAND GRANT COMMITTEE BY ITS SECRETARY SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA. 5. SRI SREERAMA REDDY S/O LATE MUNIYAPPA AGED ABOUT 60 YEARS - 3 - NC: 2025:KHC:13937 WP No. 14023 of 2014 R/AT HEMARANAHALLI VILLAGE JANGAMOKOTE HOBLI SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT. 6. SRI NAGARAJ S/O LATE MUNIYAPPA AGED ABOUT 57 YEARS R/AT HEMARANAHALLI VILLAGE JANGAMOKOTE HOBLI SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT …RESPONDENTS (BY SMT. CHANDINI.S., HCGP., FOR R-1 TO R-4; SRI. M. THIMMARAYASWAMY., ADVOCATE FOR R-5 & R-6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 8.9.1994 PASSED BY THE R-4 VIDE ANN-E, THE ORDER DATED 13.10.2003 PASSED BY THE R-3 VIDE ANN-G, AND THE ORDER DATED 18.2.2013 PASSED BY THE R-2 VIDE ANN-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 ORAL ORDER 1. The petitioner challenged the order by which the unauthorized occupation of respondents 5 and 6 were regularized by filing an appeal before the Assistant Commissioner. The appeal of the petitioner was dismissed on the ground that the petitioner had - 4 - NC: 2025:KHC:13937 WP No. 14023 of 2014 not even made an application in Form-50 and therefore, the Committee for Regularization of Unauthorized Occupation was justified in confirming that respondents 5 and 6 were in unauthorized occupation and were therefore entitled for grant of land. 2. This order of the Assistant Commissioner was challenged by filing an appeal to the Deputy Commissioner and the Deputy Commissioner also concurred with the view taken by the Assistant Commissioner and has affirmed the finding that the petitioner had not made an application seeking for regularization of his land and therefore, his challenge to the grant made in favour of persons, who had applied for regularization of their unauthorized occupation, cannot be maintained. 3. In my view, the orders of the Assistant Commissioner and the Deputy Commissioner are just and proper and do not call for interference as - 5 - NC: 2025:KHC:13937 WP No. 14023 of 2014 fundamentally the petitioner would have no right over the land granted to R-5 and R-6. The writ petition is therefore dismissed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 52