Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 38747 (KAR)

SRI N YARRGOWDA v. STATE OF KARNATAKA

WP/25766/2025 · 2025-08-23

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:33144 WP No. 25766 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 25766 OF 2025 (KLR-REG) BETWEEN: 1. SRI N YARRGOWDA S/O LATE NARASIMHAIAH AGED ABOUT 50 YEARS, RESIDING AT CHIKKANAHALLI VILLAGE, NANDAGUDI HOBLI, HOSKOTE TALUK BANGALORE RURAL DISTRICT 562 122 …PETITIONER (BY SRI. VENUGOPALA M S.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIKASA SOUDHA, DR. B R AMBEDKAR VEEDHI, BENGALURU 560001 REPRESENTED BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BENGALURU 562 110 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION, DODDABALLAPURA BENGALURU RURAL DISTRICT BENGALURU 561 203 Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33144 WP No. 25766 of 2025 4. THE THASILDAR HOSKOTE TALUK BENGALURU RURAL DISTRICT, BENGALURU 562 122. 5. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORISED OCCUPATION HOSAKOTE TALUK, HOSKOTE BENGALURU 562 122 …RESPONDENTS (BY SRI. SESHU V.,HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE 4TH RESPONDENT BEARING NO. LND CR-131/2021-22 DATED 28.05.2025 VIDE ANNEXURE-E AND ISSUE A WRIT OF CERTIORARI QUASHING THE MEETING PROCEEDING DATED 09.05.2025 PASSED BY THE 5TH RESPONDENT VIDE ANNEXURE-F AND ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.5 TO RECONSIDER THE APPLICATION FORM NO.53 FILED BY THE PETITIONER VIDE NO.7078/7101 DATED 06.06.2012 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned HCGP takes notice for all the respondents. 2. Learned HCGP submits that the petitioner is calling in question the impugned orders passed by the Committee for regularization of unauthorised occupation - 3 - HC-KAR NC: 2025:KHC:33144 WP No. 25766 of 2025 and the endorsement issued by the Tahsildar rejecting the application filed by the petitioner in Form No.53 seeking regularization of unauthorised occupation. However, such an order, being an original order, can be questioned before the Assistant Commissioner under Section 49 of the Karnataka Land Revenue Act, 1964. Moreover the Assistant Commissioner would be a fact finding authority and he can direct the survey to be conducted or inspection to be made in the presence of the party. 3. Accepting the submission made by the learned HCGP, the writ petition stands disposed of reserving liberty to the petitioner to approach the Assistant Commissioner questioning the impugned orders passed by the Committee and the Tahsildar. All contentions are left open. Sd/- (R DEVDAS) JUDGE YN List No.: 1 Sl No.: 27