- 1 - NC: 2025:KHC:2951 WP No. 33718 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.33718 OF 2024 (KLR-LG) BETWEEN: SHRI.NARSIMHAPPA S/O NEERAGANTIRAMMANA AGED ABOUT 53 YEARS OCCUPATION AGRICULTURE R/AT GULLAKUNTE VILLAGE RONURU HOBLI SRINIVASAPURA TALUK KOLAR DISTRICT-563135 …PETITIONER (BY SRI. G.A.SRIKANTE GOWDA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY LAND REVENUE VIKASA SOUDHA BENGALURU-560001 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR-563101 3. THE TAHASILDAR SRINIVASAPURA TALUK SRINIVASAPURA-563135 Digitally signed by AL BHAGYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:2951 WP No. 33718 of 2024 4. THE REGULARIZATION OF UNAUTHORIZED OCCUPATION COMMITTEE REPRESENTED BY ITS SECRETARY SRINIVASAPURA TALUK SRINIVASAPURA-563135 …RESPONDENTS (BY SRI.MANJUNATHA K, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT ANNEXURE-K BEARING NO.LND/CR /99,144/2023-24 DATED 22.03.2024 ISSUED BY THE TAHASILDAR 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 petitioner is aggrieved by the endorsement dated 22.03.2024 issued by respondent No.3 - Tahasildar thereby declining to restore the petitioner’s name based on the Grant Certificate on the ground that the applications tendered by the applicant seeking regularization is now subjected to enquiry before respondent No.2 - Deputy Commissioner. - 3 - NC: 2025:KHC:2951 WP No. 33718 of 2024 2. The learned High Court Government Pleader (HCGP), acting on instructions, has submitted that the application submitted by the petitioner for the regularization of his land is a legitimate and valid application. Furthermore, this submission is corroborated by the Inspection Report obtained from the Deputy Commissioner, which is provided as Annexure-H. In the said report, respondent No.2 - the Deputy Commissioner has stated that an enquiry was conducted concerning all the applications numbered from Sl. Nos.8357 to 8974. However, the petitioner’s application was recorded under Sl. No. 1710, which lies outside the range of applications being subject to the enquiry. The Deputy Commissioner’s findings confirm that the petitioner’s application was genuine, supporting the authenticity of the grant made in favor of the petitioner. 3. In light of the Inspection Report secured by the Deputy Commissioner (Annexure-H) and the statement made by the learned HCGP, it is clear that the petitioner’s - 4 - NC: 2025:KHC:2951 WP No. 33718 of 2024 land grant is not only genuine but also legally valid. As a result, the impugned endorsement issued by the Tahasildar, which is documented as Annexure-K, cannot be upheld and must be set aside by this Court. Given that the report from the Deputy Commissioner specifically validates the petitioner’s grant, the petitioner is legally entitled to seek the continuation of his name in the Record of Rights (RTC) with respect to the granted land, which is identified as Sy. No.72/P1-P1, measuring 1 acre 30 guntas. The Deputy Commissioner’s findings substantiate the legitimacy of the grant, and therefore, the petitioner’s entitlement to maintain his name in the RTC must be recognized. 4. For the forgoing reasons, this Court proceeds to pass following ORDER (i) The writ petition is allowed. (ii) The impugned endorsement dated 22.03.2024, bearing No. LNC/CR/99, - 5 - NC: 2025:KHC:2951 WP No. 33718 of 2024 114/2023-24, as per Annexure-K, is hereby set aside. (iii) Respondent No.2 – Deputy Commissioner, based on the Inspection Report (Annexure-H), shall immediately issue an endorsement confirming that the petitioner’s land grant is valid. (iv) Respondent No.2 – Deputy Commissioner is further directed to communicate this endorsement to respondent No.3 – Tahasildar, instructing him to take the necessary steps to continue the petitioner’s name in the RTC entries for the land in question, specifically from the year 2013-2014 to the present, ensuring that the RTC entries are corrected and updated accordingly in the petitioner’s name. (v) This process must be completed within six weeks from the receipt of the copy of this order. (vi) Upon receiving the communication from respondent No.2 – Deputy - 6 - NC: 2025:KHC:2951 WP No. 33718 of 2024 Commissioner, respondent No.3 – Tahasildar shall ensure the petitioner’s name is restored in the RTC within four weeks from such receipt. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 25