- 1 - NC: 2025:KHC:1383 WP No. 35390 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.35390 OF 2024 (KLR-REG) BETWEEN: H V NANJI REDDY S/O LATE VENKATAPPA AGED 75 YEARS R/AT HOSAHUDYA VILLAGE KASABA HOBLI BAGEPALLI TALUK CHIKKABALLAPLURA DISTRICT PIN - 561 207 …PETITIONER (BY SRI.B RAMESH, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA DR.B.R.AMBEDKAR VEEDHI BENGALRU - 560 001 2. THE TAHSILDAR BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT PIN - 561 207 3. THE COMMITTEE CONSTITUTED UNDER SECTION 94(A) OF KARNATAKA LAND REFORMS ACT Digitally signed by AL BHAGYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1383 WP No. 35390 of 2024 FOR REGULARIZATION OF UN-AUTHORIZED OCCUPATION BAGEPALLI TALUK CHIKKABALLAPUR DISTRICT - 561 207 REPRESENTED BY ITS SECRETARY 4. KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD NO.14/3, MAHARSHI ARVINDH BHAVAN 1ST FLOOR, NRUPATHUNGA LAYOUT BENGALURU - 560 001 REP. BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI.P.V.CHANDRASHEKAR, ADVOCATE FOR R.4; SRI.MANJUNATH K, HCGP FOR R.1 TO R.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION FILED BY THE PETITIONER FOR GRANT OF REGULARIZATION OF THE LAND BEARING SY NO.205 IS MEASURING TO AN EXTENT OF 01 ACRE 30 GUNTAS SITUATED HOSAHUDYA VILLAGE, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPURA DISTRICT IN ACCORDANCE WITH SEC.94A OF THE ACT AS PER THE ACKNOWLEDGEMENT WHICH IS PRODUCED AND MARKED AS ANNX-A 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 - 3 - NC: 2025:KHC:1383 WP No. 35390 of 2024 ORAL ORDER The petitioner is aggrieved by inaction on the part of respondent No.3 - Committee in not holding an enquiry to examine whether the petitioner is entitled to seek regularization of his unauthorized occupation. 2. Heard learned counsel for the petitioner and learned HCGP appearing for respondent Nos.1 to 4. Perused the records. 3. Upon perusal of the report submitted by the Village Accountant and the Survey Authorities, it is evident that the requisite report concerning the petitioner's alleged unauthorized occupation of the petition land has already been prepared and submitted to the relevant authorities. Respondent No.2, the jurisdictional Tahsildar, has received this report, which contains the necessary details regarding the - 4 - NC: 2025:KHC:1383 WP No. 35390 of 2024 petitioner's unauthorized cultivation over the land in question. 4. As per the prescribed procedure, when an application is filed seeking the regularization of unauthorized cultivation, it is incumbent upon Respondent No.2, the jurisdictional Tahsildar, to record the particulars of the application in the designated register maintained at the office. Following this, the Tahsildar is required to thoroughly scrutinize the submitted applications and forward all related documents to the appropriate authorities for further verification and examination. 5. In the present case, Respondent No.2, the Tahsildar, has adhered to part of this procedure by securing the necessary report as per the requirements. However, despite this compliance, Respondent No.2 has yet to take the subsequent step - 5 - NC: 2025:KHC:1383 WP No. 35390 of 2024 of placing all relevant applications before the competent Land Grant Committee for consideration. This step is essential to determine whether the applications are suitable for recommendation or rejection. Until such action is taken, the process of regularization cannot progress further. 6. In light of the above, this Court finds that Respondent No.2 has not fully complied with the procedural requirements stipulated under Rule 108CCC of the Karnataka Land Revenue Rules, read in conjunction with Section 94A(6) of the Karnataka Land Revenue Act. Given that the Tahsildar has already secured the requisite report concerning the petition land, the petitioner possesses a legal right to seek appropriate directions from this Court to ensure due compliance with the applicable rules and laws. - 6 - NC: 2025:KHC:1383 WP No. 35390 of 2024 7. Additionally, it is pertinent to note that the petition land in question has been acquired by the Karnataka Industrial Areas Development Board (KIADB). This Court emphasizes that if the land has indeed been acquired by KIADB, the Land Grant Committee is obligated to take cognizance of this fact before reaching a decision on the petitioner's application for regularization. The Committee must carefully consider the implications of the acquisition and ensure that it does not conflict with the objectives of the acquisition while recommending or rejecting the application. 8. With these above observations, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. - 7 - NC: 2025:KHC:1383 WP No. 35390 of 2024 (ii) Respondent Nos.2 and 3 are hereby directed to hold an enquiry to ascertain whether the petitioner is eligible for regularization of his unauthorized occupation. While doing so, there shall be no impediment for respondent Nos.2 and 3 to take cognizance of the acquisition made by the KIADB. (iii) This exercise shall be accomplished within a period of four months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 31