SRI MAHADEVAPPA S/O VIRUPAXAPPA GUDAGERI v. THE GOVERNMENT OF KARNATAKA
WP/107069/2025 · 2025-09-23
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38385 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38385 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:12953 WP No. 107069 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107069 OF 2025 (KLR-REG) BETWEEN:
SRI. MAHADEVAPPA S/O VIRUPAXAPPA GUDAGERI, AGE: 47 YEARS, OCC. AGRICULTURE, R/O. HULASOGI VILLAGE-581412, TAL. SHIGGAON, DIST. HAVERI. …PETITIONER (BY SRI. RAJENDRA R.PATIL, ADVOCATE)
AND:
1. THE GOVERNMENT OF KARNATAKA R/BY. ITS SECRETARY DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER HAVERI DISTRICT, HAVERI-581110. 3. THE ASSISTANT COMMISSIONER SAVANUR, TAL.SAVANUR, DIST.HAVERI-581118. 4. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION, SHIGGAON, R/BY. ITS MEMBER SECRETARY/TAHASILDAR SHIGGAON, TAL. SHIGGAON, DIST. HAVERI-581205. 5. THE TAHASILDAR
Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:12953 WP No. 107069 of 2025
SHIGGAON, TAL. SHIGGAON, DIST. HAVERI-581205. 6. THE DEPUTY TAHASILDAR DHUNDASHI, TAL. SHIGGAON, DIST. HAVERI-581205. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) A WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENT NO.4 REGULARIZE THE UN-AUTHORIZED OCCUPATION OF LANDS IN QUESTION AS PER RULE 108-CC OF KARNATAKA LAND REVENUE RULES, 1966 BY CONSIDERING THE APPLICATIONS FILED UNDER FORM NO.53 MARKED AT ANNEXURE-B, II) AND GRANT ANY OTHER RELIEF AS DEEMED FIT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, 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: i. A writ in the nature of mandamus to the Respondent No.4 regularize the un-authorized occupation of lands in question as per rule 108- CC of Karnataka Land Revenue Rules, 1966 by considering the applications filed under Form No.53 marked at Annexure-B,
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HC-KAR NC: 2025:KHC-D:12953 WP No. 107069 of 2025
ii. and grant any other relief as deemed fit in the interest of justice and equity. 2. A short grievance of the petitioner is that the application filed for regularising the unauthorised possession of the petitioner of the land in Survey No.213 of Hulasogi Village, Shiggaon Taluk, Haveri District while Form No.53 is filed in the year 1999 and the subsequent representations submitted by the petitioner on 29.08.2016 has not been considered. 3.
Whenever any representation for regularisation of unauthorised occupation is submitted, it is required for the respondent to consider the same and pass necessary orders either accepting or rejecting the said application within a reasonable period of time. None of them having done, I pass the following:
ORDER (i) The writ petition is allowed.
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HC-KAR NC: 2025:KHC-D:12953 WP No. 107069 of 2025
(ii) Respondent No. 4 is directed to consider the representation of the petitioner dated 29.08.2016 at Annexure-B and pass necessary orders within 6 weeks from the date of receipt of certified copy of this
order.
Sd/- (SURAJ GOVINDARAJ) JUDGE
RH CT:PA List No.: 1 Sl No.: 25