- 1 - HC-KAR NC: 2025:KHC:35933 WP No. 35645 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 35645 OF 2024 (KLR-LG) BETWEEN: SRI RAVEESH H M S/O MANJAPPA ACHAR AGED ABOUT 38 YEARS, RESIDING AT HORANEBAILU, KELAGERE VILLAGE, MELIGE POST, MUTTURU HOBLI, THIRTHALLI TALUK, SHIMOGGA DISTRICT-577432 …PETITIONER (BY SRI. GANAPATHI.,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 SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35933 WP No. 35645 of 2024 3. THE TAHASILDAR, THIRTHALLI TALUK, THIRTHALLI SHIMOGGA DISTRICT-577432. 4. THE RANGE FOREST OFFICER, THIRTHALLI RANGE, THIRTHALLI, SHIMOGGA DISTRICT-577432. …RESPONDENTS (BY SRI MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES PRAYING TOA) DIRECT THE R2 TO CONSIDER THE FORM NO. 57 SUBMITTED BY THE PETITIONER UNDER ANN-B DTD. 14.12.2018 FOR GRANT OF 2 ACRES OF LAND IN SY. NO. 58 OF KELAKERE VILLAGE, MUTTURU HOBLI, THIRTHALLI TALUK, BY ISSUING THE WRIT IN THE NATURE MANDAMUS AND DIRECT THE RESPONDENTS NOT TO DISPOSSESS THE PETITIONER FROM THE LAND TO THE 2 ACRES OF LAND IN SY. NO. 58 OF KALAKERE VILLAGE, MUTTUVALLI HOBLI THIRTHALLI TALUK, IN WHICH HE IS CULTIVATING TILL CONSIDERATION OF THE FORM NO. 57 ANN-B DTD. 14.12.2018 BY ISSUING THE MANDAMUS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS - 3 - HC-KAR NC: 2025:KHC:35933 WP No. 35645 of 2024 ORAL ORDER The learned Additional Government Advocate takes notice for all the respondents. 2. The grievance of the petitioner is that the application filed in Form No.57 seeking regularization of unauthorised occupation of 2 acres of land in Survey No.58 of Kelegere Village, Muttuvalli Hobli, Thirthahalli Taluk, Shimogga District on 14.12.2018, has not been considered till date. Therefore, the prayer in the petition is to direct the respondents to consider the said application and till consideration, direct the respondents not to interfere with the peaceful possession and enjoyment of the petition schedule property. 3. The learned counsel for the petitioner submits that the petitioner is entitled for similar order passed by this Court in WP No.36141/2024 dated 27.02.2025 filed by petitioner's brother viz: Suresh H M. Paragraph-5 of the said order is extracted herebelow for reference. - 4 - HC-KAR NC: 2025:KHC:35933 WP No. 35645 of 2024 "5. Upon a thorough examination of the order issued by the Forest Settlement Officer, as reflected in Annexure-E, this Court finds that respondent No.3- Tahasildar has a clear obligation to undertake a spot inspection of the subject land and gather circumstantial evidence through the appropriate subordinate officers before forwarding the petitioner's application for consideration by respondent No.2-Land Grant Committee. The failure of respondent No.3-Tahasildar to adhere to this procedural requirement constitutes inaction on his part and amounts to non-compliance with the mandate prescribed under sub-rule (3) of Rule 108CCC of the Karnataka Land Revenue Rules, 1966 (hereinafter referred to as ‘1966 Rules’). The statutory framework necessitates that the Tahasildar discharges his duty by ensuring that a proper factual report is prepared and submitted for further consideration by the Land Grant Committee. Since respondent No.3- Tahasildar has not acted in accordance with the prescribed legal provisions, the petitioner has a valid legal right to seek a writ of mandamus from this Court, compelling the concerned authority to perform the statutory duty entrusted to it. Given the circumstances, this Court finds it appropriate to issue a mandamus directing respondent No.3-Tahasildar to obtain the necessary inspection report and place it before respondent No.2-Land Grant Committee for due consideration". - 5 - HC-KAR NC: 2025:KHC:35933 WP No. 35645 of 2024 4. Consequently, the writ petition stands disposed of with a specific direction to respondent No.3-Tahsildar, Thirthahalli Taluk, Thirthahalli, Shimogga District, to verify from the records as to whether such an application filed by the petitioner in the year 2018, 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 No.3-Tahsildar is directed to place before respondent No.2-Committee, 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 No.2-Committee shall consider the application and pass necessary orders in accordance with law as expeditiously as possible, at any rate, within a period of two months thereafter. 5. 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 - 6 - HC-KAR NC: 2025:KHC:35933 WP No. 35645 of 2024 respect of the petition schedule property shall not be disturbed. Ordered accordingly. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE BKM List No.: 1 Sl No.: 23