- 1 - HC-KAR NC: 2025:KHC:38232 WP No. 10603 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.10603 OF 2025 (KLR-LG) BETWEEN: SRI RAMAPPA N P S/O LATE PAKRU, AGED ABOUT 70 YEARS, R/AT NEELAGUTTI VILLAGE, MELIGE POST, MUTTURU HOBLI, THIRTHALLI TALUK, SHIMOGGA DISTRICT-577432 …PETITIONER (BY SRI. GANAPATHI NAIK KANGOD, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BANGALORE-560001 2. LAND GRANT COMMITTEE CONSTITUTED UNDER SECTION 94-A OF THE KARNATAKA LAND REVENUE ACT, THIRTHAHALLI TALUK, THIRTHAHALLI, SHIMOGGA DISTRICT-577432, BY ITS SECRETARY Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38232 WP No. 10603 of 2025 3. THE TAHASILDAR, THIRTHALLI TALUK, THIRTHALLI, SHIMOGGA DISTRICT-577432 …RESPONDENTS (BY SMT. B P RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER FORM NO.53 DTD 16.12.1998 SUBMITTED BY THE PETITIONER UNDER ANNX-B FOR GRANT OF 6 ACRES OF LAND IN SY.NO.80 OF NAMBALA VILLAGE, MUTTURU HOBLI, THIRTHAHALLI TALUK 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 accepts notice for all the respondents. 2. It is the case of the petitioner that the petitioner is in occupation of 6 Acres of land in Sy.No.80 of Nambala Village, Mutturu Hobli, Tirthalli Taluk for more than 30 years. The grievance of the petitioner is that his application filed in Form No.53 seeking regularization of - 3 - HC-KAR NC: 2025:KHC:38232 WP No. 10603 of 2025 unauthorised occupation on 16.12.1998 has not been considered till date. Therefore, the prayer in the petition is to direct respondent No.2 to consider the said application and till consideration, direct the respondents not to disturb the peaceful possession and enjoyment of the petitioner over the property in question. 3. Learned Counsel for the petitioner submits that consequent to the application filed by the petitioner, Revenue Inspector conducted spot inspection and has submitted his report to the Tahsildar. Nevertheless, no further action has been taken. 4. 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 is duty bound to place the application filed by the petitioner before the ‘Committee for Regularization of Unauthorized Occupation’ and the Committee is also duty bound to consider the application and pass necessary orders. That exercise not having been - 4 - HC-KAR NC: 2025:KHC:38232 WP No. 10603 of 2025 taken by the respondent authorities, the respondents cannot evict the petitioner without consideration of the application of the petitioner. 5. Consequently, the writ petition stands disposed of with a specific direction to respondent-Tahsildar, Thirthalli Taluk, to verify from the records as to whether such an application filed by the petitioner in the year 1998, is pending consideration. If it is found that such an application was indeed filed by the petitioner and the application is yet to be considered, the respondent- Tahsildar is directed to place before the 'Committee for Regularization of Unauthorized Occupation' the application along with his recommendation within a period of four weeks from the date of receipt of a copy of this order. Thereafter, respondent-Committee shall consider the application and pass necessary orders in accordance with law as expeditiously as possible and at any rate within a period of two months thereafter. - 5 - HC-KAR NC: 2025:KHC:38232 WP No. 10603 of 2025 6. Needless to observe that till the application of the petitioner is disposed of in terms of the directions issued by this Court, the possession of the petitioner in respect of the petition schedule property shall not be disturbed. Ordered accordingly. 7. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today Sd/- (R DEVDAS) JUDGE SN List No.: 1 Sl No.: 25