- 1 - NC: 2025:KHC:5024 WP No. 24904 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.24904 OF 2024 (KLR-RES) BETWEEN: 1. N.LOHIT KUMAR S/O LATE NANJAPPA AGED ABOUT 59 YEARS R/AT 164, 5TH MAIN BDA LAYUOT AVALAHALLI MAIN ROAD GIRINAGAR BANGALORE 560 085 2. G S BHAGYA W/O NAGARAJU AGED ABOUT 45 YEARS 3. AISHWARYA N RAJ D/O N NAGARAJU AGED ABOUT 24 YEARS 4. YADHUNANDAN N S/O NAGARAJU AGED ABOUT 22 YEARS ALL RESIDING AT NO.164, 5TH MAIN BDA LAYUOT AVALAHALLI MAIN ROAD GIRINAGAR BANGALORE 560 085 …PETITIONERS (BY SRI. SARAVANA S, ADVOCATE) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5024 WP No. 24904 of 2024 AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA DR. B R AMBEDKAR VEEDHI BANGALORE - 560 001 2. DEPUTY COMMISSIONER KANDHAYAM BHAVAN KEMPEGOWDA ROAD BANGALORE - 560 001 3. TAHSILDHAR TAVEREKERE BANGALORE SOUTH KANDHAYAM BHAVAN BANGALORE 560 001 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS ISSUE GRANT CERTIFICATE/SAGUVALI CHIT IN SY NO.1 OF CHIKKALUR RAMPURA TAVEREKERE HOBLI BANGALORE SOUTH DEMARCATED AS PER SURVEY SKETCH IN AN EXTENT OF 1 ACRES 8 GUNTAS AS PER ANNX-B AND THE RESOLUTION OF THE LAND GRANT COMMITTEE DTD 23.02.1999 AT ANNX-C AFTER COLLECTING KIMATH/PREMIUM BY PRESCRIBING THE SAME AND CONSEQUENTIALLY TO MAKE NECESSARY ENTRIES IN THE REVENUE RECORDS MUTATE NAME OF THE PETITIONER IN THE REVENUE RECORDS IN RESPECT OF THE SUBJECT LAND AS CONTEMPLATED UNDER SECTION 128 OF THE KARNATAKA LAND REVENUE ACT AND ETC. - 3 - NC: 2025:KHC:5024 WP No. 24904 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 petitioners based on the recommendation made by the Committee recommending to regularize the petitioners' father's unauthorized cultivation to an extent of 2 acres 20 guntas in Sy. No.1 of Chikkalur Rampura Taverekere Hobli, Bengaluru South has straight away approached this Court seeking appropriate directions against respondent No.3 – Tahasildar. 2. Heard learned counsel for the petitioners and learned HCGP. Perused the records. 3. On examining the materials on record, it is clearly evident that the Committee has recommended to regularize unauthorized cultivation undertaken by the petitioners' father to an extent of 1 acre 8 guntas. Though the recommendation is made way back in the year 1999, and the petitioners' father has sent a communication to - 4 - NC: 2025:KHC:5024 WP No. 24904 of 2024 respondent No.3 - Tahasildar indicating that he is willing to deposit the prescribed premium, there appears to be inaction on the part of respondent No.3 – Tahasildar. However, since the petitioners have straight away approached this Court, this Court is of the view that the petitioners have to approach respondent No.3 - Tahasildar and file detailed representation including certified copy of the recommendation and also willingness to pay premium. 4. If such application is tendered by the petitioners requesting to issue a Grant Certificate or Saguvali Chit in the prescribed Form, the respondent No.3 - Tahasildar is bound to act under the Sub Clause (3) of the 108D of the Karnataka Land Revenue Rules, 1966. The said Rule clearly mandates that on receipt of recommendation by the Committee, respondent No.3 - Tahasildar is required to issue order of grant or issue Certificate of Saguvali Chit in the prescribed Forum after collecting prescribed premium. - 5 - NC: 2025:KHC:5024 WP No. 24904 of 2024 5. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) The petitioners are hereby directed to submit their representation before respondent No.3 - Tahasildar. (iii) If such representation is submitted including the recommendation with requisite premium, respondent No.3 – Tahasildar shall examine the recommendation and pass appropriate orders. (iv) This exercise shall be accomplished within a period of three months from the date of receipt of representation. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 14