- 1 - NC: 2025:KHC:7933 WP No. 26914 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 26914 OF 2024 (LA-RES) BETWEEN: MUNIYAPPA, S/O CHINNAPPA, AGED ABOUT 60 YEARS, HOSURU VILLAGE, KAIWARA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT PIN-563 125. …PETITIONER (BY SRI. PRASANNA D P.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPT. OF REVENUE, VIDHANA SOUDHA, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER, CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR - 562 101. 3. THE TAHSILDHAR, CHINTAMANI TALUK, CHINTAMANI - 563 125. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO DIRECTING THE Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:7933 WP No. 26914 of 2024 RESPONDENT NO.3 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 18-04-2024, AS PER ANNEXURE-B EXPEDITIOUSLY AS POSSIBLE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court seeking issuance of writ of mandamus to the respondent-authorities to consider his representation as per Annexure-B dated 18.04.2024. 2. The case of the petitioner is that he is in unauthorized possession of 2 acres of land in Sy.No.76, situated at Marappalli Village, Kaiwara Hobli, Chintamani Taluk, Chikkaballapur District and that he has made an application on 06.03.2019 seeking regularization of the said occupation and that the said application is still pending consideration. 3. Learned counsel for the petitioner submits that pending consideration of the said application, petitioner has learnt that the respondent-authorities have acquired the aforesaid land. He submits that without paying compensation, respondent-Authorities could not have acquired the land, that too when his application seeking regularization of pending - 3 - NC: 2025:KHC:7933 WP No. 26914 of 2024 consideration. Hence, he seeks for necessary direction to the respondent-authorities to consider Annexure-B. 4. In response, learned High Court Government Pleader submits that admittedly petitioner is in unauthorized occupation of the aforesaid property and his application seeking regularization has not been considered. Petitioner would be entitled for any relief in the nature of payment of compensation only if and when his unauthorized occupation is recognized and regularized in the manner known to law. Until such time, the representation at Annexure-B cannot be considered. Hence, seeks for dismissal of the petition. 5. Heard the learned counsel for the parties and perused the records. 6. By very own admission, the petitioner has been in an authorized occupation of 2 acres of land in Sy.No.76 and his application for regularization is still pending consideration. Since, the rights of the petitioner in respect of the aforesaid land have not been determined in the manner known to law, the question, as rightly pointed by the learned HCGP, of his request for consideration of his representation dated - 4 - NC: 2025:KHC:7933 WP No. 26914 of 2024 18.04.2024 for payment of compensation would not arise. Reserving the liberty to the petitioner to seek such remedy as may be available and permissible under law after determination of his application for regularization of unauthorized occupation, petition is disposed of. 7. Since, the petitioner contends that his application for regularization is pending consideration since 2019, respondent-authorities shall consider the said application strictly in accordance with law as expeditiously as possible. Sd/- (M.G.S. KAMAL) JUDGE AMA List No.: 1 Sl No.: 22