- 1 - NC: 2025:KHC:3564 WP No. 18924 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.18924 OF 2024 (KLR-RES) BETWEEN: 1. GULABI MARAKALTHI D/O LATE GOPALA MARAKALA AGED ABOUT 66 YEARS 2. SUNDARA MENDON S/O LATE GOPALA MARAKALA AGED ABOUT 72 YEARS BOTH ARE R/AT KARDE PERDURU POST TALUK UDUPI DIST. UDUPI-576124 …PETITIONERS (BY SRI.G BALAKRISHNA SHASTRY, ADVOCATE) AND: 1. DEPUTY COMMISSIONER UDUPI DISTRICT AT RAJATHADRY MANIPAL DISTRICT UDUPI 2. THE TAHASILDAR UDUPI TALUK UDUPI DISTRICT Digitally signed by AL BHAGYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:3564 WP No. 18924 of 2024 3. JYOTHI K.RAI W/O KRISHNA PRASAD MAJOR R/AT PERDURU VILLAGE TALUK AND DISTRICT: UDUPI PIN 576124 …RESPONDENTS (BY SRI.MANJUNATH, HCGP FOR R.1 AND R.2; SRI.JAYAKARA SHETTY H, ADVOCATE FOR R.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOS.1 AND 2 TO INITIATE NECESSARY EVICTION PROCEEDINGS UNDER SECTION 94(3) OF THE KARNATAKA LAND REVENUE ACT VIDE REPRESENTATION PRODUCED AT ANNEXURE-A AND THE REMINDER PRODUCED AT ANNEXURE-H FOR EVICTION OF THE R3 FROM LAND SY.NO.380/1A TO PERDURU VILLAGE 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 In this writ petition, the petitioners are seeking mandamus against respondent No.2 - Tahasildar to consider the petitioners' representation evidenced at Annexure-A. - 3 - NC: 2025:KHC:3564 WP No. 18924 of 2024 2. Heard learned counsel for the petitioners, learned AGA appearing for respondent Nos.1 and 2 and learned counsel appearing for private respondent No.3. 3. The third respondent has made a claim concerning the petition land, asserting some rights or interests over the said land. In response, the second respondent, the Tahsildar, in the course of evaluating the petitioners' request for regularization of the petition land, has declined the petitioners' application on the ground that the land in question is designated as Forest Land. It has come to light that the third respondent has filed an appeal against the decision of the Tahsildar, and this appeal is currently pending consideration before the Assistant Commissioner. Therefore, the matter remains under review by the relevant authorities, and the proceedings in relation to this issue are ongoing. 4. Given that the issue concerning the status of the petition land and the claims made by the third respondent are now under active consideration before the Assistant - 4 - NC: 2025:KHC:3564 WP No. 18924 of 2024 Commissioner in the appeal, this Court finds it premature to issue any further directions at this juncture. The matter is currently within the jurisdiction of the Assistant Commissioner, who is best placed to examine all relevant facts and circumstances before rendering a decision. Consequently, the Court deems it appropriate to refrain from intervening at this stage. 5. Notwithstanding the aforementioned, it is incumbent upon respondent Nos.1 and 2, being the relevant authorities, to take all necessary actions to safeguard the interests of the petitioners and other concerned parties in accordance with the law. In the event that the petition land is ultimately notified as deemed Forest Land following the resolution of the appeal before the Assistant Commissioner, the concerned authorities must ensure that any necessary steps are taken in compliance with applicable legal provisions and environmental regulations. These actions shall be undertaken promptly once the appeal is disposed of, - 5 - NC: 2025:KHC:3564 WP No. 18924 of 2024 ensuring that the legal status of the land is duly recognized and that the rights of all parties are properly addressed. In view of the above, the writ petition stands disposed off. The Assistant Commissioner shall expedite and dispose of the appeal in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 2