- 1 - NC: 2025:KHC-D:1149 WP No. 101364 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101364 OF 2023 (KLR-REG) BETWEEN: SHRI RAMACHANDRA S/O. BABANNA SHINDHE KANAVALLI, R/O. HOLOVAGALU, TQ: HARAPANAHALLI, DIST: VIJAYANAGARA-583213. …PETITIONER (BY SMT. SARVAMANGALA CHIKKANAGOUDAR, ADVOCATE FOR SRI. M.R. HIREMATHAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIKAS SOUDHA, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, HAVERI-581110. 3. THE ASSISTANT COMMISSIONER, TQ: HAVERI, DIST: HAVERI-581110. 4. THE TAHASILDAR, TQ: HAVERI, DIST: HAVERI-581110. 5. THE FOREST DEPARTMENT, HAVERI DISTRICT, TQ: HAVERI, DIST: HAVERI-581110. 6. THE REGULARIZATION COMMITTEE, REPRESENTED BY ITS CHAIRMAN, HAVERI TALUK AND DISTRICT HAVERI-581110. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R6) GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Date: 2025.01.24 16:37:56 +0530 - 2 - NC: 2025:KHC-D:1149 WP No. 101364 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR DIRECTION TO RESPONDENTS NO.1 TO 5 OR CONCERNED AUTHORITIES TO CONSIDER THE APPLICATION/REPRESENTATION BY WAY OF FORM NO.57 MADE BY THE PETITIONER VIDE ANNEXURE-D ACKNOWLEDGMENT BEARING NO.BHM3981CB1FA1192, DATED 17.01.2023 ANNEXURE-D; ISSUE WRIT OF MANDAMUS OR DIRECTION TO THE RESPONDENTS NO.2 TO 4 TO NOT TO TAKE ANY ACTION/OR NOT DISPOSSESS OR DO ANY ACT TILL DISPOSAL OF FORM NO.53 FILED BY THE PETITIONER DATED 26.02.2015 (RECEIVED DATED 27.01.2020) VIDE ANNEXURE- C AND FORM NO.57 MADE BY THE PETITIONER VIDE ANNEXURE-D ACKNOWLEDGMENT BEARING NO.BHM3981CB1FA1192, DATED 17.01.2023 ANNEXURE-D FOR REGULARIZATION OF ENCROACHED LAND HAVERI TALUK AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of mandamus or direction to respondents No.1 to 5 or concerned authorities to consider the application/representation by way of Form No.57 made by the petitioner vide Annexure- D acknowledgment bearing No.BHM3981CB1FA1192, dated 17.01.2023 Annexure-D; b. Issue Writ of mandamus or direction to the respondents No.2 to 4 to not to take any action/or not dispossess or do any act till disposal of Form No.53 filed by the petitioner dated 26.02.2015 (Received dated 27.01.2020) vide Annexure-C and Form no.57 made by the petitioner vide Annexure- D acknowledgment bearing no.bhm3981cb1 fa1192, dated 17.01.2023 Annexure-D for regularization of encroached land Haveri taluk. - 3 - NC: 2025:KHC-D:1149 WP No. 101364 of 2023 2. The grievance of the petitioner is that the application filed by the petitioner for regularization submitted in terms of Form 57 at Annexure-D on 17/1/2023 has not been considered and orders passed by respondent No.4. 3. Whenever any application for regularisation is submitted under Form Nos.50, 53 or 57, same is required to be considered and necessary orders passed either allowing the regularization or rejecting the same within a reasonable period of time. It is needless to say that if the order is of rejection, the same would have to be accompanied by necessary reasons, neither of them having been done. Hence, I pass the following : ORDER (i) Writ petition is allowed. (ii) Writ of mandamus is issued directing respondent no.2 to consider the application of petitioner submitted in Form No.57 at Annexure-D and Form - 4 - NC: 2025:KHC-D:1149 WP No. 101364 of 2023 No.53 at Annexure-C within 90 days from date of receipt of a copy of this order, in accordance with law. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 27