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2025 DAILYLAW 39094 (KAR)

SRI SOMANNA @ SWAMY v. THE STATE OF KARNATAKA

WP/27786/2025 · 2025-09-12

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36199 WP No. 27786 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.27786 OF 2025 (KLR-RES) BETWEEN: 1. SRI. SOMANNA @ SWAMY S/O LATE DYAVAYYA AGE ABOUT 43 YEARS 2. SRI. SOMASHEKAR S/O LATE DYAVAYYA AGE ABOUT 32 YEARS BOTH ARE RESIDING AT YAGATI VILLAGE DODDAMAGE HOBLI ARKALGUDU TALUK HASSAN DISTRICT-573 102. …PETITIONERS (BY SRI. K.C.SHANTA KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF RVENUE REP. BY ITS PRINCIPAL SECRETARY M.S.BUILDINGS, AMBEDKAR VEEDHI BENGALURU-560 001. 2. THE ASSISTANT COMMISSIONER SAKALESHPURA SUB-DIVISION SAKALESHPURA-573127 HASSAN DISTRICT. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36199 WP No. 27786 of 2025 3. THE TAHASILDAR ARAKALGUDU TALUK-573102 HASSAN DISTRICT. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO CONSIDER THE PETITIONER REPRESENTATION DATED 22.12.2024 VIDE ANNEXURE-E. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER 1. Learned Additional Government Advocate takes notice for all the respondents. 2. It is the contention of the petitioners that their father late Sri.Dyavayya S/o Boraiah who was cultivating the lands in question viz., 4 acres in Sy.No.19 of Yagati Village, Doddamage Hobli, Arakalgudu taluk, Hassan District applied for regularization of unauthorized occupation and the Committee took a decision on 30.03.1973 directing grant of the lands in favour of the petitioners’ father. However, till date the ‘Saguvali Chit’ is - 3 - HC-KAR NC: 2025:KHC:36199 WP No. 27786 of 2025 not issued and revenue entries are not made. The 1st petitioner has also submitted representation to the Tahsildar on 22.12.2024. However, the same has also not been considered till date. 3. Having regard to the contentions raised in the writ petition and submission of the learned Counsel for the petitioner, this Court is of the considered opinion that respondent-Tahsildar was duty bound to place the application filed by the petitioner’s father before the ‘Committee for Regularization of Unauthorized Occupation’ and the Committee was also duty bound to consider the application and pass necessary orders. 4. The writ petition stands disposed of with a direction to respondent No.3 – Tahasildar, Arakalgudu Taluk, Hassan District to consider the representation given by the petitioners at Annexures-E dated 22.12.2024 to verify from the records and find out whether the lands was indeed granted to the father of petitioners. If it is found that the respondent No.3 had in fact regularised the land - 4 - HC-KAR NC: 2025:KHC:36199 WP No. 27786 of 2025 in favour of the father of petitioners, the Tahsildar shall proceed to pass necessary orders issuing Saguvali chit and enter the names of the petitioners in the land records pursuant to the issuance of the Saguvali chit after verifying whether the petitioners are the only legal heirs of late Sri.Dyavappa. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. 5. If no such resolution is passed and the application of the petitioners’ father is still pending consideration, then the respondent No.3-Tahsildar shall place the application of the petitioners’ father along with his recommendation before the committee within a period of four weeks from the date of receipt of the copy of this order. Thereafter, the Committee shall take a decision within a period of two months from the date on which the Tahsildar submits his recommendation in regard to the case of the petitioners. - 5 - HC-KAR NC: 2025:KHC:36199 WP No. 27786 of 2025 5. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE RHS List No.: 1 Sl No.: 13