- 1 - NC: 2025:KHC:3958 WP No. 36237 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.36237 OF 2024 (KLR-LG) BETWEEN: SRI. SANJEEVAIAH S/O. MARAPPA, AGED ABOUT 58 YEARS, BHYRASANDRA VILLAGE, THATHAGUNI POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT-560 082. …PETITIONER (BY SRI. H. MOHAN KUMAR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BENGALURU-560 001. 2. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION, KANDAYA BHAVANA, BENGALURU-560 001. 3. THE TAHASILDAR BENGALURU SOUTH TALUK, KANDAYA BHAVANA, BENGALURU-560 001. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:3958 WP No. 36237 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.3 TO PASS APPROPRIATE ORDER BY CONSIDERING THE APPLICATION OF THE PETITIONER IN FORM NO.53 SEEKING REGULARIZATION OF 2 ACRES OF LAND IN SY NO.35 OF B.M. KAVAL VILLAGE, UTTARAHALLI KENGERI HOBLI, BENGALURU SOUTH TALUK VIDE 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 In the captioned petition, petitioner is aggrieved by the selective action of the respondent No.3 in not processing the petitioner's application filed in Form No.53 seeking regularization of 2 acres of land in Sy.No.35. 2. In the petition, petitioner claims that apart from petitioner, around 23 persons filed application in the same survey number seeking regularization of their unauthorized occupation. The respondent No.3 having secured report from the Village Accountant and Revenue Inspector and after collecting all relevant documents has placed the application of similarly placed 23 unauthorized - 3 - NC: 2025:KHC:3958 WP No. 36237 of 2024 occupants before the Land Grant Committee and their applications are considered and recommendation is made. 3. On closer examination of the records, this is a clear case of laxness on the part of respondent No.3/Tahsildar. Once an application in a prescribed form is tendered to the Tahsildar, a procedure is provided under Rule 108(CCC) of the Karnataka Land Revenue Rules, 1966. Under the said Rule, the Tahsildar after scrutinizing the application is required to send all related documents to the officer authorized by him for further verification. Infact verification is done and reports are secured by the respondent No.3/Tahsildar. Once such report is secured, the Tahsildar is required to place the application tendered by the petitioner before the committee for further course of action. Since there is total discrimination against the petitioner which is evident from the records, this is a fit case where mandamus lies. 4. Accordingly, this Court proceeds to pass the following: - 4 - NC: 2025:KHC:3958 WP No. 36237 of 2024 ORDER (i) Writ petition is allowed; (ii) The respondent No.3/Tahsildar shall immediately place petitioner's application tendered in Form No.53 with all relevant documents before the committee; (iii) This exercise shall be accomplished within a period of six weeks from the date of receipt of a copy of this order; (iv) If such application and relevant documents are placed before the Land Grant Committee, the committee shall hold an enquiry and consider whether petitioner is eligible to be recommended for regularization. Such a recourse shall be accomplished by the committee within a period of four months from the date of receipt of application from the Tahsildar. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 33