- 1 - NC: 2025:KHC:13229 WP No. 27813 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 27813 OF 2024 (KLR-RES) BETWEEN: 1. SRI JAWARAGOWDA S/O LATE MAHADEGOWDA, AGED ABOUT 73 YEARS, R/O NO.92, SOMESHWARAPURA VILLAGE, VARUNA HOBLI, MYSORE TALUK MYSORE 573 311 (SENIOR CITIZEN NOT CLAIMED) …PETITIONER (BY SRI. CHRISTOPHER NOEL A., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MYSORE DISTRICT, MYSORE 570 001. 2. THE TAHSILDAR MYSORE TALUK, MYSORE DISTRICT 570 001 …RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ENDORSEMENT PASSED IN NO. MYSDC.LND1/LG/294/2021 E- 157927 DATED 17-12-2021 BY THE R1 THE DEPUTY COMMISSIONER MYSORE THE R1 THE DEPUTY COMMISSIONER MYSORE AT ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13229 WP No. 27813 of 2024 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner has challenged an order by which his request for regularization of unauthorized occupation by considering his Form No.57 has been rejected by the Deputy Commissioner on the ground that the land was situated within 10 kms of the Mysore City Corporation limits. 2. Learned counsel points out that the PWD Engineer vide Annexure - J and J1 have endorsed that the lands of the petitioner were situated at a distance of 15 and 13 kms and, therefore, the order Deputy Commissioner stating that the land was within 10 kms from the city limits cannot be sustained. 3. In my view, since these letters of the PWD Engineers have not been considered and, furthermore, the order the Deputy Commissioner does not indicate as to whether the distance as on the date of the - 3 - NC: 2025:KHC:13229 WP No. 27813 of 2024 application was considered, the impugned order cannot be sustained and the same is quashed. 4. The Deputy Commissioner shall reconsider the application of the petitioner by taking into consideration the distance between the land of the petitioner and, the Mysore City limits as on the date of the application. The Deputy Commissioner shall also take into consideration the endorsements issued by the PWD Engineers as per Annexure - J and J1. 5. This petition is accordingly allowed. 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 5