- 1 - HC-KAR NC: 2025:KHC:18464 WP No. 12794 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 12794 OF 2023 (KLR-RES) BETWEEN: 1. SRI. BEERALINGAPPA S/O. BEERAPPA, AGED ABOUT 63 YEARS, KALLUKOTE GRAMA, SIRA TALUK. 2. SRI. DURGAIAH S/O. RAMAIAH, AGED ABOUT 32 YEARS, 3. K. RANGANATHA SINCE DEAD, REPRESENTED BY HIS SON MANJUNATH AGED ABOUT 33 YEARS, RANGANATHA NAGARA, SIRA TOWN. 4. D. DURGAPPA SINCE DEAD, REPRESENTED BY HIS SON, S.D. PRASANNA BABU, AGED ABOUT 40 YEARS, RANGANATHA NAGARA, SIRA TOWN. 5. SMT. THIMMARAJAMMA W/O. LATE LAKSHMANAPPA, AGED ABOUT 62 YEARS, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18464 WP No. 12794 of 2023 BINNI NAGARA, SIRA TOWN. 6. SRI. NARASIMHAMURTHY S/O. LATE LIGHT RANGAPPA, AGED ABOUT 39 YEARS, RANGANATHA NAGARA, SIRA TOWN. 7. LAKSHMIDEVI SINCE DEAD REPRESENTED BY HER SON RAJASHEKAR, AGED ABOUT 40 YEARS, RANGANATHA NAGARA, SIRA TOWN. …PETITIONERS (BY SRI. HANUMANTHARAYAPPA K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560 001. REPRESENTED BY ITS SECRETARY. 2. 3. THE COMMITTEE FOR REGULARISATION OF UNAUTHORISED CULTIVATION SIRA TALUK, SIRA -572 101. REPRESENTED BY ITS SECRETARY, THE REVENUE INSPECTOR, KASABA HOBLI, SIRA TALUK - 572 101. 4. TAHASILDAR SIRA TALUK - 3 - HC-KAR NC: 2025:KHC:18464 WP No. 12794 of 2023 SIRA. ….RESPONDENTS (BY SMT. SAVITHRAMMA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER BEARING NO. L.R.D.U.C.CR: DATED 10.11.2022 PASSED BY 2ND RESPONDENT, AS CONTAINED UNDER ANNEXURE - B BY ALLOWING THIS WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this writ petition, petitioners are assailing the order dated 10.11.2022 (Annexure-B) passed by respondent No.4. 2. I have heard Sri.Hanumantharayappa K., learned counsel appearing for the petitioner and Smt. Savithramma, learned Additional Government Advocate appearing for the respondent -State. - 4 - HC-KAR NC: 2025:KHC:18464 WP No. 12794 of 2023 3. It is argued by the learned counsel for the petitioners that the petitioners herein are in unauthorised cultivation of the land bearing Sy.No.87 of Kallukote Village of Sira Taluk and the subject land stated in the impugned order is beyond 5 Kms. from Sira Town Municipality and therefore, the impugned order suffers from infirmity. 4. Per contra, learned Additional Government Advocate supported the finding recorded by respondent No.4 and further contended that, since the land claimed by the petitioners is within the purview of 5 Kms. from the Town Municipality, therefore, the writ petition deserves to be dismissed. 5. Having taken note of the submissions made by the learned counsel appearing for the parties, I have carefully examined the finding recorded by respondent No.4 at Annexure-B. The respondent No.4 has arrived at the conclusion that the subject land comes within the purview of 5 Kms. from the City Municipality and accordingly, rejected the application. However the same has been disputed by the petitioners stating that the land is situate beyond 5 Kms. In that view of the matter, taking into consideration the fact that the petitioners - 5 - HC-KAR NC: 2025:KHC:18464 WP No. 12794 of 2023 herein are in unauthorised occupation of the land in question, I am of the view that, ends of justice would be met if a joint survey is conducted by respondent No.4 at the instance of the petitioners herein and the said survey has to be conducted as per law and respondent No.4 shall take decision in the matter in accordance with law. 6. In that view of the matter, the Order dated 10.11.2022 (Annexure-B) is hereby set aside and the matter is remitted to respondent No.4 to conduct fresh survey in the presence of the petitioners to consider the fact whether the land in question is situate within 5 Kms. from Sira Town Municipality. 7. With the above observation, the writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 35