- 1 - NC: 2025:KHC:695 WP No. 28809 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.28809 OF 2024 (LR) BETWEEN: SRI.NAGARAJA S/O KOTRESHAPPA AGED ABOUT 36 YEARS R/O KADLEGUNDI VILLAGE DEVARABELAKERE POST HARIHARA TALUK DAVANAGERE DISTRICT - 577 002. …PETITIONER (BY 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 DAVANAGERE DISTRICT DAVANAGERE - 577 002 3. THE ASSISTANT COMMISSIONER DAVANAGERE SUB-DIVISION DAVANAGERE - 577 002 Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:695 WP No. 28809 of 2024 4. THE TAHSILDAR HARIHARA TALUK DAVANAGERE DISTRICT - 577 601. …RESPONDENTS (BY SMT.WAHEEDA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS AUTHORITIES TO CONSIDER THE APPLICATION FILED BY PETITIONER DATED 28.11.2022 VIDE ANNEXURE-E FOR GRANT OF OCCUPANCY RIGHTS IN RESPECT OF THE LAND BEARING SY.NO.37 MEASURING TO AN EXTENT OF 3 ACRES 20 GUNTAS SITUATED AT KADIEGUNDI VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT 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 ORAL ORDER The captioned writ petition is filed feeling aggrieved by the inaction on the part of respondents’ Authorities in not deciding the petitioner’s application dated 28.11.2022 vide Annexure-E seeking grant of occupancy rights. 2. Facts leading to the case are as under; The petitioner is asserting that he is cultivating the land bearing Sy. No.37 measuring to an extent of 3 acres 20 guntas - 3 - NC: 2025:KHC:695 WP No. 28809 of 2024 situated at Kadlegundi Village. The petitioner asserts that the petition land is a Hanumantha Devaru Inam Land and therefore, contends that the provisions of the Karnataka Certain Inams Abolition Act, 1977 are applicable to the case on hand since the petitioner is cultivating the land as a tenant and an application is filed under the provisions of the Karnataka Certain Inams Abolition Act, 1977 requesting the Authority to register the petitioner as an occupant. 3. The petitioner’s grievance is that though an application is tendered seeking adjudication under Section 11 of the Karnataka Certain Inams Abolition Act, 1977, the petitioner asserts that there is a lack of diligence on the part of respondent No.4 – Tahasildar in not passing the orders on the application tendered by the petitioner seeking grant of occupancy rights. 4. On examining the records, this Court is more than satisfied that respondent No.4 - Tahasildar is obligated to decide the application tendered by the petitioner seeking grant of occupancy rights strictly adhering to the mandate provided - 4 - NC: 2025:KHC:695 WP No. 28809 of 2024 under the Certain Inams Abolition Act, 1977. Hence, mandamus lies. 5. Accordingly, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent No.4 - Tahasildar is hereby directed to decide the application tendered by the petitioner seeking grant of occupancy rights in accordance with law. (iii) This exercise shall be accomplished within a period of six months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 21