- 1 - NC: 2025:KHC:696 WP No. 25977 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.25977 OF 2024 (KLR-RR/SUR) BETWEEN: NAGARATHNAMMA W/O LATE KEMPALAKKAIAH AGED ABOUT 72 YEARS R/AT LINGAPURA VILLAGE KASABA NORTH HOBLI TUMAKURU TALUK TUMAKURU DISTRICT - 572 106 SENIOR CITIZEN BENEFIT NOT CLAIMED …PETITIONER (BY SRI.YOGESH V.KOTEMATH, ADVOCATE FOR SRI.VIRUPAKSHAIAH P H, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S.BUILDING BENGALURU 560 001 2. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU - 572 101 Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:696 WP No. 25977 of 2024 3. THE ASSISTANT COMMISSIONER TUMAKURU SUB DIVISION TUMAKURU-572 101 4. THE TAHSILDHAR TUMAKURU TALUK TUMAKURU DISTRICT - 572 101 5. THE LAND GRANT COMMITTEE FOR GRANT OF LANDS TO UNAUTHORIZED OCCUPANTS OF GOVERNMENT LANDS TUMAKURU TALUK TUMAKURU DISTRICT - 572 101 BY ITS CHAIRMAN …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 AUTHORITY TO CONSIDER THE REPRESENTATION DATED 26.08.2024 VIDE ANNX-D BY ISSUING SAGUVALI CHIT AND EFFECTING KATHA IN THE NAME OF THE PETITIONER IN RESPECT OF THE LAND BEARING SY NO.24 MEASURING TO AN EXTENT OF 22 GUNTAS SITUATED AT CHOLAPURA VILLAGE HEBBUR HOBLI TUMKUR TALUK AND DIST EXPEDITIOUSLY 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 - 3 - NC: 2025:KHC:696 WP No. 25977 of 2024 ORAL ORDER The petitioner has knocked the doors of the writ Court feeling aggrieved by inaction on the part of respondent No.4 in not acting upon the recommendation made by respondent No.5 – Committee thereby recommending to regularization of petitioner’s unauthorized occupation. 2. Heard learned counsel appearing for the petitioner and learned AGA. 3. The petitioner filed form No.53 seeking regularization of his unauthorized occupation of 22 guntas of land in Sy. No.24 situated at Cholapura Village, Hebbur Hobli, Tumkur Taluk and District. Respondent No.5 – Committee, after due enquiry, has recommended to regularize the petitioner’s unauthorized occupation. 4. Though respondent No.4 - Tahasildar is in receipt of recommendation, he has failed to act as contemplated under Rule 108(D)(3) of the Karnataka Land Revenue Rules, 1966 (for short 'Rules') read with Section 94(A)(6)(a) of the Karnataka Land Revenue Act, 1964 (for short 'Act'). - 4 - NC: 2025:KHC:696 WP No. 25977 of 2024 5. Respondent No.4 – Tahasildar who is also part of the Committee as a Secretary, is under bounden duty to act on the recommendation made by respondent No.5 - Committee. Section 94A(6)(a) of the 'Act' clearly mandates that the Tahasildar concerned shall issue grant order on the recommendation of the Committee and issue Saguvali Chit subject to payment of requisite premium. Since there is inaction on the part of respondent No.4 – Tahasildar in not acting upon the recommendation, this is a fit case, where mandamus lies. 6. The petitioner pursuant to the recommendation made by respondent No.5 – Committee evidenced at Annexure-C has a legal right to seek appropriate direction. Respondent No.4 - Tahasildar in terms of the Rules and Sections cited supra is equally obligated to issue order of grant. Hence, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent No.4 - Tahasildar is hereby directed to issue order of grant and - 5 - NC: 2025:KHC:696 WP No. 25977 of 2024 consequent saguvali chit 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.: 13