- 1 - HC-KAR NC: 2025:KHC:23505 WP No. 8442 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.8442 OF 2025 (KLR-RES) BETWEEN: 1. SMT. LAKSHMAMMA W/O CHANNAPPA, AGED ABOUT 54 YEARS, RESIDING AT SY. NO.86 1ST MILIKALLU, GERUPALYA, KUMBALAGODU POST, BENGALURU SOUTH TALUK, BENGALURU - 560 072. …PETITIONER (BY SRI. VIKRAM HUILGOL, SENIOR COUNSEL FOR SRI. ANANDEESWARA D.R., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CUM THE SECRETARY, REGULARIZATION OF UNAUTHORIZED OCCUPATION COMMITTEE, KANDAYA BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560 009. 2. THE TAHSILDAR, BENGALURU SOUTH TALUK, GROUND FLOOR, KANDAYA BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560 009. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23505 WP No. 8442 of 2025 3. THE REVENUE INSPECTOR KENGERI HOBLI, BENGALURU SOUTH TALUK KANDAYA BHAVAN, KEMPEGOWDA ROAD, BENGALURU SOUTH TALUK, BENGALURU - 560009. …RESPONDENTS (BY SMT. NAVYA SHEKhAR, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 04/02/2025 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL IN CASE REV. APPEAL NO.57/2023 AT ANNEXURE-A AND THE IMPUGNED ORDER DATED 18/11/2022 PASSED BY THE FIRST RESPONDENT IN CASE NO. LND(S) CR/155/2022-2023 AT ANNEXURE-B; DIRECT THE FIRST RESPONDENT TO REGULARIZE 2 ACRES OF LAND IN SY.NO.86 OF GERUPALYA VILLAGE, KUMBALAGODU, KENGERI HOBLI, BENGALURU SOUTH TALUK IN FAVOUR OF THE PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:23505 WP No. 8442 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. In this writ petition, petitioner is assailing the Order dated 04.02.2025 in Revenue Appeal No.57/2023 on the file of the Karnataka Appellate Tribunal at Bangalore (Annexure-A), and the Order dated 18.11.2022 (Annexure-B) passed by respondent No.1. 3. Heard Sri. Vikram Huilgol, learned Senior Counsel appearing on behalf of learned counsel Sri. Anandeeswara D.R., appearing for the petitioner and Smt. Navya Shekhar, learned Additional Government Advocate for the respondents. 4. Having taken note of the submissions made by the learned Senior Counsel appearing for the petitioner and the learned Additional Government Advocate, on careful consideration, the finding recorded by the Karnataka Appellate Tribunal is based on facts by referring to the documents therein as at Serial No.9 which is mentioning about land bearing Sy.No.87 of Gerupalya, Kumbalagod Village, Bengaluru South - 4 - HC-KAR NC: 2025:KHC:23505 WP No. 8442 of 2025 Taluk. However, on careful consideration of the writ papers would indicate that the land in question being cultivated by the petitioner is the land bearing Sy.No.86 of Gerupalya, Kumbalagod Village, Bengaluru South Taluk. 5. In that view of the matter, the Karnataka Appellate Tribunal, on technically looking into the earlier application made therein wherein it is mentioned as Sy.No.87, has committed an error in not looking into the application filed by the petitioner herein and the revenue records which are pertaining to the land bearing sy.No.86 of Gerupalya, Kumbalagod Village, Bengaluru South Taluk. To that extent, I find force in the submission made by learned Senior Counsel appearing for the petitioner. 6. In the result, I pass the following: (i) The writ petition is allowed in part. (ii) The Order dated 04.02.2025 (Annexure-A) in Appeal No.57/2023 is hereby set aside and the matter is remitted to the Karnataka Appellate Tribunal, Bengaluru to consider the claim of the petitioner by looking into the - 5 - HC-KAR NC: 2025:KHC:23505 WP No. 8442 of 2025 application filed by the petitioner herein in so far as land bearing Sy.No.86 of Gerupalya, Kumbalagod Village, Bengaluru South Taluk is concerned. (iii) In order to avoid further delay in the matter, the petitioner is directed to appear before the Karnataka Appellate Tribunal, Bengaluru on 30.07.2025 at 11.00 a.m. and on her appearance, the Karnataka Appellate Tribunal is requested to dispose of the appeal at the earliest. (iv) It is made clear that till the conclusion of the proceedings before the Karnataka Appellate Tribunal, no precipitative action be taken against the petitioner. (v) The Writ Petition stands disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 83