- 1 - NC: 2025:KHC-D:663 WP No. 100266 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 100266 OF 2025 (KLR-LG) BETWEEN: 1. ASHRAFALI S/O NOORA AHMAD SAVANUR AGE. 41 YEARS, OCC. AGRICULTURE, R/O. KITTUR 591115, TQ. KITTUR, DIST. BELAGAVI. 2. KAMAL BADASHA S/O NOOR AHMAD SAVANUR AGE. 34 YEARS, OCC. AGRICULTURE, R/O. JUMMA MASJID, SOMAWAR PETH, KITTUR 591115, TQ. KITTUR, DIST. BELAGAVI. 3. MUTAR AHMAD S/O HSANASAB ATTAR AGE. 51 YEARS, OCC. AGRICULTURE, R/O. KITTUR 591115, TQ. KITTUR, DIST. BELAGAVI. 4. SAYYED AZAMATHKHAN S/O NAZEERSAB AGE. 40 YEARS, OCC. AGRICULTURE, R/O. BEPARIGALLI, SOMAWAR PETH, KITTUR 591115, TQ. KITTUR, DIST. BELAGAVI. 5. NARAYAN S/O HAVALAPPA HANCHINAMANI AGE. 51 YEARS, OCC. AGRICULTURE, R/O. #206, HARIJAN ONI, DOMBARAKOPPA 591115, TQ. KITTUR, DIST. BELAGAVI. 6. VENKATESH S/O BASAVARAJ HANCHINAMANI AGE. 41 YEARS, OCC. AGRICULTURE, R/O. KITTUR 591115, TQ. KITTUR, DIST. BELAGAVI. …PETITIONERS (BY SRI SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA TO THE DEPARTMENT OF REVENUE, LAND GRANT-3, VIDHAN SOUDHA, BENGALURU 560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka Dharwad Bench Date: 2025.01.21 11:27:13 +0530 - 2 - NC: 2025:KHC-D:663 WP No. 100266 of 2025 2. THE DEPUTY COMMISSIONER BELAGAVI DISTRICT, BELAGAVI 590001, DIST. BELAGAVI. 3. THE ASSISTANT COMMISSIONER BAILHONGAL SUB-DIVISION, BAILHONGAL 591102, TQ. BAILHONGAL, DIST. BELAGAVI. 4. THE TAHASILDAR KITTUR TALUKA, KITTUR 591115, TQ. KITTUR, DIST. BELAGAVI. …RESPONDENTS (BY SRI V.S. KALASURMATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO GRANT THE LAND TO THE PETITIONER NO.1 AND 6 TO THE EXTENT OF 03 ACRES 05 ACRES RESPECTIVELY IN LAND BEARING R.S. NO.310 OUT OF TOTAL EXTENT OF 12 ACRES 02 ACRES, TO THE EXTENT OF 04 ACRES IN LAND BEARING R.S. NO.309 OUT OF TOTAL EXTENT OF 19 ACRES 31 GUNTAS, TO THE EXTENT OF 07 ACRES 33 GUNTAS IN LAND BERING R.S. NO.272 OUT OF TOTAL EXTENT OF 07 ACRES 33 GUNTAS, TO THE EXTENT OF 04 ACRES 38 GUNTAS AND 04 ACRES 38 GUNTAS RESPECTIVELY IN LAND BEARING R.S. NO.258 TOTALLY MEASURING AN EXTENT OF 15 ACRES 36 GUNTAS OF KITTUR, KITTUR TALUKA DIST. BELAGAVI BY CONSIDERING THE APPLICATION FILED IN FORM NO.57 OF KARNATAKA LAND REVENUE RULES, DATED. 16.03.2019 AS PER ANNEXURE-E TO E-5 RESPECTIVELY FILED BY THE PETITIONERS & ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:663 WP No. 100266 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioners are before this Court seeking the following prayer: i. To issue a Writ or Order or Direction in the nature of Writ of Mandamus directing the respondents to grant the land to the petitioner No.1 and 6 to the extent of 03 acres 05 acres respectively in land bearing R.S. No.310 out of total extent of 12 acres 02 acres, to the extent of 04 acres in land bearing R.S. No.309 out of total extent of 19 acres 31 guntas, to the extent of 07 acres 33 guntas in land bearing R.S. No.272 out of total extent of 07 acres 33 guntas, to the extent of 04 acres 38 guntas and 04 acres 38 guntas respectively in land bearing R.S. No.258 totally measuring an extent of 15 acres 36 guntas of Kittur, Kittur Taluka Dist. Belagavi by considering the application filed in Form No.57 of Karnataka Land Revenue Rules, dated. 16.03.2019 as per Annexure-E to E-5 respectively filed by the petitioners. ii. Grant such other reliefs as deemed fit by this Hon’ble court in the circumstances of the case, in the interest of justice and equity. 2. Counsel for the petitioners would submit, in identical circumstances this Court in W.P.No.105872/2024 has passed the following order: ‘The learned HCGP accepts notice for all the respondents. - 4 - NC: 2025:KHC-D:663 WP No. 100266 of 2025 2. The petitioner is before this Court seeking for the following prayers. (i) To issue a writ or order or direction in the nature of writ of mandamus directing the respondents to grant the land to the extent of R.S. No. 185 measuring 14 acres 08 guntas and 376 measuring 10 acres 10 guntas of Kittur Taluka of Degaon village of Tq. Kittur, Dist.: Belagavi for considering the application filed in Form No. 57 of Karnataka Land Revenue Rules, dated 18.11.2022 and 30.11.2022 as per Annexure-F to F9 respectively; (ii) Grant such other reliefs as deemed fit by this Hon’ble Court in the circumstances of the case, in the interest of justice and equity. 3. The learned counsel for the petitioner submits that the petitioners are in possession of certain land bearing R.S. No. 185 measuring 14 acres 8 guntas and other lands and they are unauthorizedly holding it since time immemorial, is the submission. 4. The petitioners have submitted application before the Committee seeking regularization of their occupation in terms of the Karnataka Land Revenue Rules. The learned counsel for the petitioner would place reliance upon the order passed by the Co-ordinate bench of this Court in W.P. No. 104951/2021 dated 14.12.2021. The Co-ordinate bench has held as follows: - 5 - NC: 2025:KHC-D:663 WP No. 100266 of 2025 “Therefore, it is expeditious to dispose of the writ petition, directing the respondent No.4-Tahasildar to consider the application submitted by the petitioner in Form No. 57 as specified under Section 108-C of the Karnataka Land Revenue Rules, 1966 within a period of 4 weeks from the date of receipt of certified copy of this order. Pending consideration of the application, the parties are directed to maintain status quo regarding possession in respect of the land in question.” 5. In the light of the issue being projected before this Court in the subject petition being identical to what the Co- ordinate bench has held, I deem it appropriate to follow the said order and dispose the petition with the same directions. 6. In that light, till the application of the petitioner is considered, which this Court had directed to be considered within four weeks in the case before it (Supra), I deem it appropriate to direct the parties in the subject petition to maintain statusquo till the consideration of the application happens, which shall happen within an outer limit of eight weeks from the date of receipt of copy of the order. 7. The decision taken by the Committee shall be communicated to the petitioner ordered accordingly.’ - 6 - NC: 2025:KHC-D:663 WP No. 100266 of 2025 3. Learned AGA would not dispute what is held by this Court in the aforesaid petition. 4. In that light, petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC LIST NO.: 3 SL NO.: 6