- 1 - NC: 2025:KHC:5020 WP No. 19095 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.19095 OF 2024 (KLR-RES) BETWEEN: SMT.SHANTAMMA D/O LATE YELLAPPA AGED ABOUT 67 YEARS R/AT MAHAL CHOWDADENAHALLI SARJAPURA HOBLI ANEKAL TALUK BENGALURU - 562125 …PETITIONER (BY SRI. AKASH V T, ADVOCATE) AND: 1. DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT BANGALORE 560009 2. THE ASSISTANT COMMISSIONER ANEKAL SUB DIVISION BANGALORE DISTRICT 560002 3. TAHSILDAR MEMBER SECRETARY BAGGAR HUKUM SAKRAMIKARANA SAMITHI ANEKAL TALUK ANEKAL BENGALURU DISTRICT - 560010 …RESPONDENTS (BY SMT.B.P.RADHA, AGA FOR R.1 TO R.3) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5020 WP No. 19095 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO CONSIDER THE REPRESENTATION DTD 27.03.2023 MADE BY THE PETITIONER AT ANNEXURE-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 This writ petition is filed seeking mandamus against respondent No.3 – Tahasildar to reconsider the petitioner’s application tendered under prescribed Form No.53 seeking regularization of the unauthorized occupation of the land bearing Sy. No.92 totally measuring 3 acres situated at Pandithana Agrahara Village, Sarjapura Hobli, Anekal Taluk. 2. The records reveal that the petitioner’s application was partly allowed and respondent No.3 – Tahasildar resolved to recommend regularization 38 guntas as against 3 acres. Feeling aggrieved by the partial rejection, the petitioner preferred an appeal before respondent No.2 - 3 - NC: 2025:KHC:5020 WP No. 19095 of 2024 - Assistant Commissioner. Respondent No.2 - Assistant Commissioner has allowed the appeal and direction is issued to respondent No.3 – Tahasildar to examine the petitioner’s claim to the entire extent i.e., 3 acres. 3. Learned AGA, on instructions, submits that the Committee is constituted and the petitioner’s claim to the extent measuring *3 acres will be considered in accordance with law. 4. In view of the submissions made by the learned counsel for the State, this Court finds it appropriate to direct respondent No.3 – the Tahasildar to conduct a thorough examination to determine whether the petitioner is eligible for the regularization of the entire extent of 3 acres of land. The Tahasildar shall assess the claim based on the relevant provisions of law and applicable guidelines. 5. It is further clarified that if, upon examination, the Tahasildar concludes that the petitioner is not entitled to the regularization of the entire 3 acres, the previous *corrected vide court order dated 27.02.2025. - 4 - NC: 2025:KHC:5020 WP No. 19095 of 2024 recommendation granting regularization to an extent of *38 guntas shall remain unaffected and continue to hold good. However, if, upon conducting a fresh inquiry, the Tahasildar finds that the petitioner is indeed eligible for the regularization of the entire extent of 3 acres, a necessary recommendation to that effect shall be made. 6. Such a recommendation, if made, must strictly adhere to the procedure prescribed under Section 108D of the Karnataka Land Revenue Rules. The entire process shall be carried out in accordance with the principles of natural justice, ensuring due consideration of all relevant factors before arriving at a final decision. 7. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) The respondent No.3 – Tahasildar/Committee is hereby directed to take cognizance of the *corrected vide court order dated 27.02.2025. - 5 - NC: 2025:KHC:5020 WP No. 19095 of 2024 directions issued by the Assistant Commissioner as well as Deputy Commissioner as per Annexure-C and G and pass fresh orders in accordance with law. (iii) The Committee shall also take cognizance of the fact that the petitioner has already deposited TT fine insofar as *38 guntas of land is concerned. (iv) This exercise shall be accomplished 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.: 12 *corrected vide court order dated 27.02.2025.