- 1 - NC: 2025:KHC:283 WP No. 18813 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.18813 OF 2024 (KLR-REG) BETWEEN: SRI.PUTTARAJU S/O LATE SWAMAIAH AGED ABOUT 48 YEARS R/AT YDAYAGIRI, HOSAAGRAHA HOBLI KR NAGAR TALUK GULUVINAATIGUPPE MYSURU - 571601 …PETITIONER (BY SRI.SOMASHEKARAIAH R P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S.BUILDING BENGALURU - 560001 2. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION HOLENARASIPURA, HOLENARASIPURA TALUK HASSAN DISTRICT - 573210 REPRESENTED BY ITS SECRETARY 3. THE TAHSILDAR HOLENARASIPURA TALUK HASSAN - 573210 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:283 WP No. 18813 of 2024 4. THE REVENUE INSPECTOR HALLIMYSURU HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT - 573210 …RESPONDENTS (BY SMT.B.P.RADHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-2 TO CONSIDER THE APPLICATION DATED 12.09.2022 SUBMITTED BY THE PETITIONER IN FORM NO.57 FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION SY NO.5 MEASURING 1 ACRE SITUATED AT MARAHALLI KAVALU VILLAGE, HALLIMYSURU HOBLI, HOLENARASIPURA TALUK HASSAN DIST UNDER ANNX-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 The petitioner, an unauthorized occupant, has tendered an application seeking regularization of his unauthorized cultivation by submitting Form No.57 in respect of the land bearing Sy. No.5 measuring 1 acre, which is evidenced at Annexure-A. The petitioner is aggrieved by inaction on the part of the Committee in not conducting an enquiry. - 3 - NC: 2025:KHC:283 WP No. 18813 of 2024 2. Respondent No.3 - Tahasildar, who is in receipt of an application seeking regularization, has not promptly processed the application tendered by the petitioner seeking regularization. Since there is inaction on the part of respondent No.3 - Tahasildar, this Court is of the view that this is a fit case, where mandamus lies. The petitioner has a legal right to seek adjudication of his application seeking regularization. Respondent No.3 - Tahasildar is equally obligated to collect necessary documents and place it either before the Deputy Commissioner or respondent No.2 - Committee as the case may be. Since there is inaction on the part of respondent No.3 - Tahasildar, the mandamus would lie. 3. In the event respondent No.3 - Tahasildar is of the view that the petitioner's application requires consideration, the same shall be referred to the Committee. If such Committee is not constituted by the State, the State shall ensure that the Committee to decide - 4 - NC: 2025:KHC:283 WP No. 18813 of 2024 the application filed in Form No.57 shall be constituted expeditiously. 4. Accordingly, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent No.3 - Tahasildar is hereby directed to take necessary action and place the petitioner's application before the competent Authority for further course of action. (iii) This exercise shall be accomplished by respondent No.3 - Tahasildar 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.: 10