- 1 - NC: 2025:KHC:536 WP No. 33086 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 33086 OF 2024 (KLR-RR/SUR) BETWEEN: 1. GIRISH POOJARY S/O ANNAPPA POOJARI AGED ABOUT 57 YEARS RESIDING AT 2-94/1 APEKSHA BASRA MANE NARIKOMBU BANTWAL TALUK D.K. DISTRICT, PIN-574231. …PETITIONER (BY SRI. RAVISHANKAR SHASTRY, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF REVENUE M.S. BUILDING, DR. B.R. AMBEDKAR ROAD BENGALURU, PIN-560001. 2. THASILDAR BANTWAL TALUK D.K. DISTRICT, PIN-574219. …RESPONDENTS (BY SRI. MANJUNATHA .K, HCGP) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:536 WP No. 33086 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO ISSUE SAGUVALI CHIT IN FAVOUR OF THE PETITIONER FOR LAND IN SY NO. 137/1AP1 MEASURING 1-48 ACRES SITUATE AT NARIKOMBU VILLAGE OF BANTWAL TALUK, D.K DISTRICT BY CONSIDERING THE REPRESENTATION DATED 07.11.2023 COPY OF WHICH IS PRODUCED AT ANNEXURE-A. 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 Learned HCGP is directed to accept notice for the respondents. 2. Petitioner in the captioned petition is aggrieved by the inaction on the part of respondent No.2/Tahsildar in not acting upon the recommendation made by the committee to regularize petitioner's unauthorized occupation. Hence, this writ petition. 3. Heard learned counsel for the petitioner and learned HCGP appearing for the respondents. - 3 - NC: 2025:KHC:536 WP No. 33086 of 2024 4. Petitioner submitted an application to regularize his unauthorized occupation. The committee comprising of respondent No.2/Tahsildar has also recommended to regularize petitioner's unauthorized occupation on 24.02.2018 which is evidenced at Annexure-B. The respondent No.2/Tahsildar on receipt of recommendation is required to issue the order of grant of land acting on the recommendation made by the committee and accordingly issued Saguvali chit as contemplated under Section 94- A(6)(a) of the Karnataka Land Revenue Act, 1964 read with Rule 108D(3) of the Karnataka Land Revenue Rules, 1966. 5. Though respondent No.2/Tahsildar has received the recommendation made by the committee, Tahsildar who is the Secretary of the committee is required to act on the recommendation and issue the order of grant and saguvali chit in the prescribed form under the Karnataka Land Grant Rules, 1969. - 4 - NC: 2025:KHC:536 WP No. 33086 of 2024 6. Since there is recommendation by the committee, petitioner has acquired legal right to seek appropriate directions as there is complete laxness on the part of respondent No.2/Tahsildar. The respondent No.2/Tahsildar on receipt of recommendation is obligated to further proceed as contemplated under Section 94-A(6)(a) of the Karnataka Land Revenue Act read with Rule 108D(3) of the Karnataka Land Revenue Rules. Since there is complete inaction, this is a fit case where a mandamus lies. 7. Accordingly, this Court proceeds to pass the following: ORDER (i) Writ petition is allowed; (ii) The respondent No.2/Tahsildar is hereby directed to forthwith take cognizance of the recommendation made by the committee for regularization of unauthorized occupation and shall pass appropriate orders strictly aligning to the procedure mandated under the above said Section as well as the Rules; - 5 - NC: 2025:KHC:536 WP No. 33086 of 2024 (iii) This exercise shall be accomplished within a period of three months from the date of receipt of a copy of this order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 29