- 1 - HC-KAR NC: 2025:KHC:38704 WP No. 16103 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 16103 OF 2025 (KLR-LG) BETWEEN: 1. NAGARAJAPAPA S/O MUKAPPA KADLI AGED ABOUT 45 YEARS, R/AT BENNEGERE VILLAGE, ANAVATTI HOBLI, SORABA TALUK, SHIVAMOGGA DIST. 2. MAHADEVAPPA S/O SHIVAPPA AGED ABOUT 50 YEARS, R/AT BENNEGERE VILLAGE, ANAVATTI HOBLI, SORABA TALUK, SHIVAMOGGA DIST. 3. ASHOK S/O UJJAPPA ARALESHWARAD AGED ABOUT 52 YEARS R/AT BENNEGERE VILLAGE, ANAVATTI HOBLI, SORABA TALUK, SHIVAMOGGA DIST. …PETITIONERS (BY SRI. SANTHOSH KUMAR M.B., ADVOCATE FOR SRI. M.CHAMARAJ., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38704 WP No. 16103 of 2025 REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER SHIMOGA DISTRICT SHIMOGA – 577201 3. THE ASSISTANT COMMISSIONER SAGAR SUB DIVISION, SAGAR - 577421 SHIVAMOGGA DISTRICT 4. THE TAHASILDHAR SORABA TALUK, SORABA - 577429 SHIVAMOGGA DISTRICT. 5. THE REGULARIZATION COMMITTEE SORABA TALUK SORBA - 577429 REP. BY ITS SECRETARY THE TAHASILDHAR SORABA TALUK, SHIVAMOGGA DISTRICT …RESPONDENTS BY SRI. MANJUNATH K., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATIONS FOR GRANT OF OCCUPANCY CERTIFICATES IN TERMS OF THE REPRESENTATION GIVEN BY THE PETITIONERS TO THE 4TH RESPONDENT VIDE REPRESENTATION (ANNEXURE-K) DATED 16-10-2023 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:38704 WP No. 16103 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. 2. The petitioners contend that they have filed applications in the year 2016 and thereafter seeking regularization of unauthorised occupation of lands in Sy.Nos.1 and 10 of Koppadalu Village, Anavathi Hobli, Soraba Taluk, Shivamogga District, and the same are yet to be considered. 3. Learned Additional Government Advocate submits on instructions that some part of the lands which are claimed by the petitioners, may be forest lands or within the buffer zone. 4. This Court has disposed of the W.P.No.4833/2017 in the case of Lingamurthy & Others Vs. State of Karnataka & Others on the even date, where it was found that the petitioners therein had filed applications in the - 4 - HC-KAR NC: 2025:KHC:38704 WP No. 16103 of 2025 year 1991 seeking regularization of unauthorised occupation and the Committee for Regularization of Unauthorized Occupation had already taken a decision on 03.09.2016 to grant lands in favour of the applicants therein. However, the Tahsildar had issued an endorsement pointing out to two orders passed by this Court in W.P.Nos.28668/1982 and 16414/1990, expressing difficulty to proceed to issue Saguvali Chits. However, this Court has directed the respondent-Tahsildar to proceed to issue Saguvali Chits after collecting the premium from the applicants in whose favour orders have already been passed by the Committee. Therefore, if any lands are available for grant in Sy.Nos.1 and 10, the applications of the petitioners may be considered. 5. Accordingly, the writ petition stands disposed of with a direction to the respondent-Tahsildar, Soraba Taluk, Shivamogga District to place the Applications of the petitioners before the ‘Committee for Regularization of Unauthorised Occupation’ along with his recommendation - 5 - HC-KAR NC: 2025:KHC:38704 WP No. 16103 of 2025 within a period of four weeks from the date of receipt of a copy of this order. The Committee shall thereafter consider the Applications and pass orders as expeditiously as possible and at any rate within a period of two months from the date when the Applications will be placed by the Tahsildar before the Committee in accordance with law. 6. Needless to observe that the Applications of the petitioners shall be considered in accordance with law and the grant shall be made only if the lands are available for grant and if it is not available for any reason, the Application shall be rejected. 7. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT: JL