- 1 - HC-KAR NC: 2025:KHC:35838 WP No. 25351 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 25351 OF 2025 (KLR-RES) BETWEEN: SRI. KIRAN KUMAR HEGDE S/O. SMT.GEETHA @ GULABI M HEGDE, AGED ABOUT 59 YEARS, RESIDING AT KALIBETTU, MOLAHALLI VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT - 576 222. …PETITIONER (BY SRI. JAYAKARA SHETTY H, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPTD. BY REVENUE SECRETARY, MS BUILDING, BANGALORE-01. 2. THE DEPUTY COMMISSIONER UDUPI DISTRICT, UDUPI-RAJATHADRI MANIPAL, UDUPI - 576 101. 3. THE ASSISTANT COMMISSIONER KUNDAPURA SUB-DIVISION, KUNDAPURA, UDUPI DISTRICT - 576 201. 4. THE TAHSILDAR/ SECRETARY Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35838 WP No. 25351 of 2025 COMMITTEE FOR REGULARISATION OF UNAUTHORISED OCCUPATION, (AKRAMA-SAKRMA), KUNDAPURA TALUK, UDUPI DISTRICT - 576 201. 5. SMT. SEETHA KULALTHI, MAJOR, W/O RAMA KULALA KALIBETTU, MOLAHALLI VILLAGE AND POST, KUNDAPURA TALUK, UDUPI DISTRICT - 576 222. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A). CALL FOR RECORDS FROM THE 4TH RESPONDENT WHICH ULTIMATELY RESULTED IN ISSUING THE IMPUGNED NOTICE ANNEXURE-A DTD 2.7.2025 BEARING NO.NCRCR-2/2025-26 ISSUED BY THE 4TH RESPONDENT-TAHSILDAR AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondent Nos.1 to 4. Notice to respondent No.5 is not necessary for the following reasons. - 3 - HC-KAR NC: 2025:KHC:35838 WP No. 25351 of 2025 2. Learned counsel for the petitioner submits that the regularization of unauthorised occupation of the petitioner in respect of Sy.Nos.252/137, 413/2A and 413/2C totally measuring 3 acres 50 cents, was questioned before the Assistant Commissioner under Section 49 of the Karnataka Land Revenue Act, 1964, at the hands of respondent No.5 herein. The Assistant Commissioner set aside the grant made in favour of the petitioner. However, the petitioner approached the Deputy Commissioner, invoking Section 15 of the Act and the Deputy Commissioner passed an order on 20.02.2015 at Annexure-B holding that the petitioner, in terms of the application filed, in the year 1991 claimed to be in unauthorised occupation of the lands in question from 1978, which would mean that the petitioner was only about 13 years old when the application was filed. Moreover, there is an allegation against the petitioner that he is holding excess lands and he is not entitled to grant. The claim of respondent No.5 was also found to be without - 4 - HC-KAR NC: 2025:KHC:35838 WP No. 25351 of 2025 basis. Nevertheless, the appeal filed by the petitioner was dismissed while directing the Tahsildar, Kundapura, to cause an enquiry and find out whether to make a recommendation to the Committee for regularization of unauthorized occupation and to reconsider the claim of the petitioner as well as respondent no. 5. Nevertheless, till date, no such enquiry report has been submitted by the Tahsildar and no reconsideration has been made at the hands of the Committee. However, the Tahsildar has issued the impugned notice at Annexure-A dated 02.07.2025 calling upon the petitioner to answer why his name should not be removed from the revenue records. 3. In the considered opinion of this Court, the Tahsildar would not have issued the impugned notice without complying with the directions issued by the Deputy Commissioner. 4. In that view of the matter, the writ petition stands disposed of while setting aside the impugned notice - 5 - HC-KAR NC: 2025:KHC:35838 WP No. 25351 of 2025 at Annexure-A, with a direction to respondent No.4- Tahsildar to comply with the directions issued by the Deputy Commissioner in terms of the order dated 20.02.2015 in case bearing No.NCR/DR/216/1997-98. The Tahsildar shall cause an inquiry to collect the factual information regarding the petitioner, his eligibility to seek a grant, and the same in respect of respondent No.5. Thereafter, the Tahsildar shall place his recommendation before the Committee for Regularisation of Unauthorised Occupation and the Committee shall take a final decision. The entire process shall be completed as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of this order. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv, Sl No.: 7 CT: BHK