- 1 - NC: 2025:KHC:15785 WP No. 21914 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 21914 OF 2024 (GM-RES) BETWEEN: 1. SRI. VENKATESHAPPA N, S/O. LATE CHIKKANARASAPPA, AGED ABOUT 71 YEARS, R/AT RAJA BEDDI BUDIGERE VILLAGE, CHANNARAYAPATTANA HOBLI, DEVANAHALLI TALUK, BENGALURU DISTRICT, KARNATAKA - 562 110. 2. SRI. PUTTARAJU. J, S/O. LATE JAYRAMAIAH, AGED ABOUT 51 YEARS, R/AT BUDIGERE VILLAGE, CHANNARA, DEVANAHALLI TALUK, BENGALURU DISTRICT, KARNATAKA - 562 110. …PETITIONERS (BY SRI. VARUN JOSHI, ADVOCATE) AND: 1. STATE OF KARNATAKA CHANNARAYAPATTANA POLICE, BENGALURU DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001. Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:15785 WP No. 21914 of 2024 2. SHIVRAJU. K. S. TAHASILDAR AND EXECUTIVE MAGISTRATE, DEVANAHALLI TALUK, BENGALURU DISTRICT, KARNATAKA - 562 110. …RESPONDENTS (BY SRI. M.R. PATIL, ADVOCATE FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA R/W SEC 528 OF BNSS, R/W SEC. 482 OF CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 30.05.2024 IN CC NO.1638/2024 PENDING BEFORE THE HONBLE COURT OF ADDL. CIVIL JUDGE AND JMFC AGAINST THE PETITIONER/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SEC 192(A) OF THE KARNATAKA LAND REVENUE ACT, 1964 ARISING OUT OF CR. NO.45/2024 REGISTERED BY CHENNARAYAPATNA POLICE STATION AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner, who has been charge-sheeted for an offence punishable under Section 192(A) of the Karnataka Land Revenue Act, 1964, has approached this Court seeking appropriate relief. 2. The prosecution alleges that the petitioner is in unauthorized occupation of Government land and has carried - 3 - NC: 2025:KHC:15785 WP No. 21914 of 2024 out construction activities on the said land without obtaining prior permission from the competent authority. 3. The Court has heard the arguments advanced by the learned counsel appearing for the petitioner as well as the learned High Court Government Pleader (HCGP) representing the respondent-State. 4. The petitioner has produced on record a copy of the communication dated 27.03.2024 addressed to the jurisdictional Tahasildar. This communication indicates that the petitioner is indeed in unauthorized occupation of the subject land. It further reveals that the petitioner has submitted applications in Form-50 and Form-53, seeking regularization of such unauthorized occupation. These applications are currently pending consideration by the competent authority. 5. In a similar factual context, a Co-ordinate Bench of this Court, in W.P. No. 33703/2009 disposed of on 28.05.2010, observed at paragraph No. 6 that when an application for regularization of unauthorized occupation is pending before the appropriate Committee and no final decision has been taken, continuation of criminal proceedings would not be appropriate. Accordingly, the proceedings in that case were quashed. 6. In the present case as well, the petitioner’s applications for regularization of the unauthorized occupation are still under consideration by the competent Committee. In such circumstances, allowing the criminal proceedings to continue while the petitioner’s application is pending would - 4 - NC: 2025:KHC:15785 WP No. 21914 of 2024 amount to an abuse of the process of law. Hence, the following: ORDER i. The petition is allowed. ii. The impugned proceedings in C.C.No.1638/2024 on the file of Addlitional Civil Judge and JMFC, Devanahlalli is hereby quashed. iii. Liberty is reserved with the respondents to take appropriate action in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE RKA List No.: 1 Sl No.: 33