- 1 - HC-KAR NC: 2025:KHC:19757 WP No. 27828 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 27828 OF 2023 (LB-RES) BETWEEN: 1. SRI. NAGARAJAIAH, S/O HANUMANTHAPPA, AGED ABOUT 46 YEARS, 2. SRI. KARIYANNA, S/O GANGAPPA, AGED ABOUT 50 YEARS, 3. SRI. MAHALINGAPPA, S/O CHIKKANNA, AGED ABOUT 47 YEARS, 4. SRI. NAGAPPA, S/O MUTAPPA, AGED ABOUT 52 YEARS, 5. SRI. MAHALINGAPPA, S/O MARILINGAPPA, AGED ABOUT 49 YEARS, 6. SRI. MYLARAPPA, S/O NANJAPPA, AGED ABOUT 89 YEARS, 7. SRI. RAMAKRISHNAPPA, S/O CHIKKALINGAPPA, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19757 WP No. 27828 of 2023 AGED ABOUT 52 YEARS, 8. SRI. ASHWATHAPPA, S/O NAREPPA, AGED ABOUT 62 YEARS, 9. SMT. MUTHAMMA, W/O RAMAPPA, AGED ABOUT 60 YEARS, 10. SRI. PALLELLAPPA, S/O BHOOTAPPA, AGED ABOUT 60 YEARS, 11. SRI. REDDAPPA, S/O BHOOTAPPA, AGED ABOUT 60 YEARS, 12. SRI. KADARAPPA, S/O GANGAPPA, AGED ABOUT 80 YEARS, 13. SRI. PALLELLAPPA, S/O KADARAPPA, AGED ABOUT 63 YEARS, 14. SRI. RAMANJINAPPA, S/O DODDAREDDAPPA, AGED ABOUT 52 YEARS, 15. SRI. RAMAPPA @ K.B. RAMAIAH, S/O BHOOTHAPPA, AGED ABOUT 59 YEARS, - 3 - HC-KAR NC: 2025:KHC:19757 WP No. 27828 of 2023 16. SRI. PALLELLAPPA K.C., S/O CHIKKANNA, AGED ABOUT 41 YEARS, 17. SRI. MYLARAPPA, S/O CHIKKALINGAPPA, AGED ABOUT 60 YEARS, 18. SRI. DODDA BHOOTAPPA, S/O PALLELLAPPA, AGED ABOUT 70 YEARS, 19. SRI. ANJINAPPA, S/O SANJEEVAPPA, AGED ABOUT 63 YEARS, 20. SRI. CHIKKA ANJINAPPA @ ANJINAPPA, S/O HANUMAPPA, AGED ABOUT 64 YEARS, 21. SMT. SUNANDAMMA, W/O HANUMANTHARAYYA, AGED ABOUT 50 YEARS, 22. SMT. GANGARATNAMMA, W/O HANUMANTHARAYYA, AGED ABOUT 47 YEARS, 23. SRI. NAGARAJ, S/O PALLELLAPPA, AGED ABOUT 50 YEARS, 24. SMT. MYLAKKA, S/O NARASAPPA, AGED ABOUT 70 YEARS, - 4 - HC-KAR NC: 2025:KHC:19757 WP No. 27828 of 2023 25. SRI. SHIVANNA, S/O MARAYYA @, AGED ABOUT 50 YEARS, 26. SRI. DODDA NAGAPPA, S/O MYLARAPPA, AGED ABOUT 60 YEARS, 27. SRI. GOVINDAPPA, S/O NANJAPPA @, AGED ABOUT 60 YEARS, 28. SRI.B.NAGABHUSHAN, S/O BORAPPA @, AGED ABOUT 45 YEARS, ALL ARE R/AT KADARANAHALLI, KURUDI POST, HOSUR HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT – 561 210. …PETITIONERS (BY SRI. GANGADHARAIAH A.N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIKASA SOUDHA, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR – 562 101. - 5 - HC-KAR NC: 2025:KHC:19757 WP No. 27828 of 2023 3. THE TAHASILDAR, GOWRIBIDANUR TALUK, MINI VIDHANA SOUDHA, NH-234, GOWRIBIDANUR, CHIKKABALLAPUR DISTRICT – 561 208. 4. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH, CHIKKABALLAPUR – 562 101. 5. THE EXECUTIVE OFFICER, TALUK PANCHAYAT, GOWRIBIDANUR – 561 208. 6. THE KURUDI GRAMA PANCHAYAT, REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER, HOSUR HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT – 561 210. 7. SMT. RUKMINAMMA, D/O MUTHAKKA @ MUTHAMMA AND KUNT PALLELLAPPA, W/O ELE MALLAIAH, AGED ABOUT 48 YEARS, R/AT KADHARANA HALLI VILLAGE, HOSUR HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT – 561 208. …RESPONDENTS (BY SMT.SPOORTHY V, HCGP FOR R1 – R3; SRI.M.S.DEVARAJU, ADVOCATE FOR R4 – R6; SRI.DR.KISHAN G.S., ADVOCATE FOR R7) - 6 - HC-KAR NC: 2025:KHC:19757 WP No. 27828 of 2023 THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED AT ANNEXURE - G AND TAKE NECESSARY STEPS FOR HANDING OVER THE ALLOTTED ASHRAYA SITES IN FAVOR OF THE RESPECTIVE PETITIONERS WITHIN A SPECIFIC TIME FRAME AND ETC., THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioners are seeking a writ in the nature of mandamus and direct the respondents to consider the petitioners' representations dated 29.06.2021 and 27.10.2022 vide Annexure-D and G and take necessary steps to hand over the allotted Ashraya sites in infavour of the respective petitioners within a specific time frame. 2. This petition is seriously contested by respondent No.7, who contends that she is in unauthorized occupation of the subject land. It is submitted that her application seeking regularization of the said land was - 7 - HC-KAR NC: 2025:KHC:19757 WP No. 27828 of 2023 rejected by the Regularization Committee. However, she has preferred an appeal challenging the said rejection before the Assistant Commissioner, which is stated to be pending consideration. In light of the pending appeal, respondent No.7 has vehemently opposed the reliefs sought in the present writ petition, contending that no directions ought to be issued during the pendency of her appeal. 3. Heard the learned counsel appearing for the petitioner, learned counsel for respondent No.7, the learned standing counsel for respondents No.4 to 6, and the learned Additional Government Advocate for respondents No.1 to 3. Perused the material placed on record. 4. Learned counsel for respondent No.6 has placed on record a copy of the order passed by a Co-ordinate Bench of this Court in W.P. No.15476/2022, which directly bears upon the prayer sought in the present writ petition. - 8 - HC-KAR NC: 2025:KHC:19757 WP No. 27828 of 2023 In view of the same, this Court deems it appropriate to extract the operative portion of the said order, which reads as follows: “i. The writ petition is allowed in part. ii. There shall be a stay of the order/resolution dated 05.03.2022 passed by respondent No.5 - Committee for Regularization of Unauthorized Occupation, Gowribidanuru Taluk, till the disposal of Appeal No.LND.RA(GOU) 65/2022-2023 pending before the Assistant Commissioner, Chikkaballapura Sub-Division. iii. Consequently, the entry in the RTC bearing MR H1/2022-2023 dated 15.07.2022 shall also remain stayed, pending disposal of the aforesaid appeal. iv. The Assistant Commissioner, Chikkaballapura Sub-Division is directed to consider and dispose of the appeal on its merits in accordance with law, after affording due opportunity of hearing to the petitioner, within a period of six months from the date of receipt of the order.” 5. On a careful perusal of the operative portion of the order in W.P. No.15476/2022, it is evident that the resolution passed by the Regularization Committee has been stayed pending adjudication of the appeal before the Assistant Commissioner. Despite such clear directions issued by this Court, it is unfortunate that the appeal has not yet been taken up for consideration and remains - 9 - HC-KAR NC: 2025:KHC:19757 WP No. 27828 of 2023 undecided. This inaction on the part of the Assistant Commissioner amounts to a serious dereliction of statutory duty and has led to further litigation between the parties. 6. While the petitioners are seeking possession of sites allotted under the Ashraya Yojana, respondent No.7 claims to be in lawful possession as an unauthorized occupant whose possessory rights are protected by an interim order of the civil court and the Co-ordinate Bench in W.P. No.15476/2022. In the absence of a decision in the pending appeal, both the petitioners' rights and respondent No.7's asserted possession remain in a state of uncertainty. This Court, therefore, finds it appropriate though it is not inclined to grant any substantive relief to the petitioners at this stage, to issue directions in the interest of justice and equity for expeditious disposal of the pending appeal. 7. In light of the foregoing, the following order is passed: - 10 - HC-KAR NC: 2025:KHC:19757 WP No. 27828 of 2023 ORDER i. The writ petition is disposed of with a direction to the Assistant Commissioner, Chikkaballapura Sub-Division, to consider and decide the pending Appeal No.68/1998-99 within a period of four months from the date of receipt of a certified copy of this order. ii. The rights of the petitioners shall be subject to the outcome of the said appeal. iii. All contentions of the parties are left open. SD/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 32