- 1 - NC: 2025:KHC:703 WP No. 20479 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.20479 OF 2024 (KLR-LG) BETWEEN: 1. SMT MANJULA W/O GANESH R AGED ABOUT 40 YEARS OCC: AGRICULTURIST R/AT CHENNENAAGRAHAR SAMANDUR VILLAGE ANEKAL KASABA HOBLI TALUK: ANEKAL DIST: BENGALURU URBAN-562106 2. SMT NAGAMMA (MARTHA R) AGED ABOUT 35 YEARS OCC:AGRICULTURIST R/AT CHENNENAAGRAHAR SAMANDUR VILLAGE ANEKAL KASABA HOBLI TALUK: ANEKAL DIST: BENGALURU URBAN-562106 3. SMT ANITA R AGED ABOUT 35 YEARS OCC: AGRICULTURIST R/AT CHENNENAAGRAHAR SAMANDUR VILLAGE Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:703 WP No. 20479 of 2024 ANEKAL KASABA HOBLI TALUK: ANEKAL DIST: BENGALURU URBAN-562106 …PETITIONERS (BY SRI.MUTAGUPPI LAXMESH PUTTA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE BY ITS SECRETARY M S BUILDING BENGALURU-560001 2. DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT AT BENGALURU-560009 3. THE COMMITTEE FOR REGULARISATION OF UNAUTHORISED OCCUPATION ANEKAL TALUK BENGALURU URBAN DISTRICT BY ITS SECRETARY BENGALURU-562106 4. THE TAHSILDAR TALUK: ANEKAL DIST: BENGALURU URBAN-562106 …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-4 IS TO CONSIDER THE REPRESENTATION FOR ISSUANCE OF SAGUVALI CHIT AS PER VIDE ANNX-M DTD 20.05.2024 PRODUCED BY THE PETITIONER AND ETC. - 3 - NC: 2025:KHC:703 WP No. 20479 of 2024 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 captioned writ petition is filed aggrieved by inaction on the part of respondent No.4 in not deciding the application filed in Form No.53 filed by the petitioner’s father seeking regularization of the land. 2. Heard learned counsel appearing for the petitioners and learned AGA. 3. Upon examining the records, this Court has observed that the petitioners’ father had submitted an application in Form No.53 seeking the regularization of the land in question. However, the concerned Authority, particularly the designated Committee, has not taken any action on this application. The Committee has justified its inaction by asserting that - 4 - NC: 2025:KHC:703 WP No. 20479 of 2024 the subject land falls within an 18-kilometer radius from the jurisdictional boundary of the Bruhat Bengaluru Mahanagara Palike (BBMP). This Court notes that the issue of applying the 18-kilometer radius rule has been extensively dealt with in numerous judgments. A Co-ordinate Bench of this Court, in a case with identical facts, has categorically held that the relevant date for determining whether the land falls within the 18-kilometer radius is the date of submission of the application, not the date on which the Committee decides to process or resolve the application. 4. In the present case, the petitioners contend that their father submitted the application in Form No.53 on 12.11.1998. Since the application dates back to 1998, the 18-kilometer radius restriction that might apply under the current circumstances cannot be retrospectively enforced. The Committee is therefore - 5 - NC: 2025:KHC:703 WP No. 20479 of 2024 obligated to evaluate the application based on the rules and jurisdictional boundaries that were applicable at the time the application was submitted. Furthermore, the Committee must take cognizance of the principles established in prior judgments, including the order passed in W.P. No.25831/2024, dated 25.09.2024. It is imperative for the Committee to proceed with the application in a manner consistent with these precedents and decide the matter expeditiously. 5. Learned AGA submits that the application will be considered in accordance with law by the Committee and appropriate orders would be passed. 6. Recording these significant details, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. - 6 - NC: 2025:KHC:703 WP No. 20479 of 2024 (ii) Respondent No.3 – Committee is hereby directed to decide the application filed by petitioners' father strictly adhering to the procedure contemplated under Section 94A read with Section 108(D) of Karnataka Land Revenue Rules, 1966. (iii) This exercise shall be accomplished within a period of four months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 4