- 1 - HC-KAR NC: 2025:KHC:19404 WP No. 15284 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 15284 OF 2023 (KLR-RES) BETWEEN: SMT. LATHA, W/O MUNISWAMY, AGED ABOUT 52 YEARS, R/O BHAKTHARA HALLI POST, KOTTAGERI HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT – 572 221. …PETITIONER (BY SRI. KALEEMULLAH SHARIFF., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, TUMAKURU - 572 101. 2. THE ASSISTANT COMMISSIONER, TUMAKURU SUB DIVISION, TUMAKURU - 572 101. 3. THE TAHSILDAR, TUMKURU TALUK, TUMAKURU - 572 101. 4. THE COMMITTEE FOR REGULARISATION OF UNAUTHORIZED OCCUPATION, S/O MULABAGILA BHOVI, TUMKUR DISTRICT, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19404 WP No. 15284 of 2023 TUMAKURU – 57202. …RESPONDENTS (BY SRI.MANJUNATH K., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER NO. LND(KU) CR 77/2022-23 DATED 30.03.2023 PRODUCED AT ANNEXURE - G PASSED BY THE R1 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, petitioner is assailing the order dated 30.03.2023 (Annexure-G) passed by respondent No.1. It is the grievance of the petitioner that the petitioner is resident of Bhaktharahalli Village, Kothageri Hobli, Kunigal Taluk, Tumakuru Distirict and has made an application to the respondents-Authorities seeking regularization of the unauthorized cultivation in respect of the subject land. It is also stated by the petitioner that, the petitioner has filed Form-50, Form-53 and Form-57 which are pending consideration before - 3 - HC-KAR NC: 2025:KHC:19404 WP No. 15284 of 2023 the competent authority and therefore, challenged the order dated 30.03.2023 (Annexure-G), whereby respondent No.1 has passed an order to earmark the subject land for the purpose of the public graveyard. Feeling aggrieved, this writ petition is filed. 2. Heard Sri. Kaleemullah Shariff, learned counsel for the petitioner and Sri. Manjunath K., learned HCGP for the respondent- State. 3. Sri. Kaleemullah Shariff, learned counsel appearing for the petitioner submitted that since the application filed by the petitioner herein seeking unauthorized cultivation of land in question to an extent of 11 acres in Sy.No.98 of Bhaktharahalli Village is pending consideration before the competent authority and at this stage, respondent No.1 has no authority under law to pass the order at Annexure-G. Accordingly, sought for interference of this Court. 4. Per contra, Sri. Manjunath K., learned HCGP submitted that, already the Government has granted 5 acres 10 guntas of land in favour of the family of the petitioners herein and therefore, the application filed by the petitioner cannot be accepted and also it is submitted that the land in - 4 - HC-KAR NC: 2025:KHC:19404 WP No. 15284 of 2023 question is the gomal land and the same has been earmarked for public graveyard and as the public interest is involved in this petition, he sought for dismissal of the petition. 5. Having heard the learned counsel for the parties and taking into consideration the factual aspects on record that it is not in dispute that the land bearing Sy.No.98 of Bhaktharahalli Village is a gomal land and also same has been earmarked by respondent No.1 for the purpose of public graveyard as per Annexure-G dated 30.03.2023. That apart, it is forthcoming by respondent No.1 that already land has been granted in favour of the family members of the petitioners and therefore, petitioner cannot be unjust in acquiring the right in respect of the unauthorized cultivation of the subject land. 6. Accordingly, no interference is called for and hence, petition stands dismissed. SD/- (E.S.INDIRESH) JUDGE RKA List No.: 1 Sl No.: 54