- 1 - NC: 2025:KHC:5018 WP No. 14876 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.14876 OF 2024 (KLR-REG) BETWEEN: RAJEGOWDA S/O SHIVEGOWDA AGED ABOUT 73 YEARS R/AT RAMANAHALLI GRAMA KIKKERI POST KRISHNARAJEPETE TALUK MANDYA - 571423 …PETITIONER (BY SRI. SHARATH S GOWDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE MS BUILDING AMBEDKAR VEEDI BENGALURU - 560001 2. THE DEPUTY COMMISSIONER DC OFFICE ROAD SUBHASH NAGAR MANDYA DISTRICT MANDYA - 571401 3. THE ASSISTANT COMMISSIONER KRISHNARAJA PETE TALUK Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5018 WP No. 14876 of 2024 AC OFFICE MANDYA - 571 401 4. THE TAHASILDAR KRISHNARAJA PETE TALUK KRISHNARAJANAGAR - 571602 5. COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION K R PETE TALUK MANDYA DISTRICT - 571 426 BY ITS SECRETARY …RESPONDENTS (BY SRI.MANJUNATH K, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT AUTHORITIES TO CONSIDER APPLICATION FILED BY THE PETITIONER UNDER FORM NO.53 OF KARNATAKA LAND REVENUE ACT SEEKING REGULARIZATION OF HIS OCCUPATION IN RESPECT OF PETITION SCHEDULE PROPERTY VIDE ANNEXURE-A AND ETC. 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 This writ petition is filed primarily feeling aggrieved by the non-consideration of the petitioner’s claim seeking regularization, which is pending in Form No.53 post - 3 - NC: 2025:KHC:5018 WP No. 14876 of 2024 remand made by respondent No.3 – Assistant Commissioner. Hence, this writ petition. 2. Heard learned counsel for the petitioner and learned AGA. 3. The petitioner tendered an application in Form No.53 asserting that he is in authorized occupation of the land bearing Sy. No.30 measuring 1 acre 20 guntas of Ramanahalli Village, Kikeri Hobli, Krishnarajapete Taluk. The petitioner’s application was enquired by the respondent No.5 - Committee and respondent No.5 - Committee declined to recommend for regularization of the petitioner’s unauthorized occupation. 4. The petitioner feeling aggrieved by the adverse report preferred an appeal before respondent No.3 - Assistant Commissioner. Respondent No.3 - Assistant Commissioner has set-aside the report submitted by respondent No.5 – Committee and the matter is now remitted back to respondent No.5 – Committee. - 4 - NC: 2025:KHC:5018 WP No. 14876 of 2024 5. The records reveal that post remand, the respondent No.4 - Tahasildar has placed on record all the relevant documents for fresh consideration. Since there is inaction on the part of respondent No.5–Committee in not reconsidering the petitioner’s application, this is a fit case, where mandamus lies. 6. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent No.5 – Committee is hereby directed to take cognizance of the report submitted by respondent No.4 - Tahasildar, which is now placed before the Committee. (iii) Respondent No.5 - Committee strictly adhering to the procedure provided under Section 108D of the Karnataka Land Revenue Act shall pass appropriate orders in accordance with law. - 5 - NC: 2025:KHC:5018 WP No. 14876 of 2024 (iv) This exercise shall be accomplished within a period of three months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 9