Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 42403 (KAR)

SRI H B SRIRAMA REDDY v. THE STATE OF KARNATAKA

WP/5920/2025 · 2025-09-11

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35936 WP No. 5920 of 2025 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. 5920 OF 2025 (KLR-RES) BETWEEN: SRI H B SRIRAMA REDDY S/O BYRAPPA AGED ABOUT 41 YEARS RESIDING AT POMBARAHALLI VILLAGE UTHANUR POST MULBAGAL TLAUK KOLAR DISTRICT 563127. …PETITIONER (BY SRI. RANGASWAMAIAH R.L. FOR SRI NARAYANA SWAMY P M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY REVENUE DEPARTMENT M S BUILDING BANGALORE 560 001. 2. THE TAHASILDAR MULABAGAL TALUK MULABAGAL 563127. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35936 WP No. 5920 of 2025 3. THE LAND GRANT COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION OF LANDS REP. BY ITS SECRETARY TAHASILDAR, MULABAGAL TALUK MULABAGAL-563127. …RESPONDENTS (BY SRI SESHU V, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT, QUASH THE IMPUGNED ENDORSEMENT DATED 12/11/2024 IN BEARING NUMBER LND/CR.544 ISSUED BY THE RESPONDENT NO.2 TAHASILDAR ANNEXURE-A TO BEAR THE COST OF PETITIONER DIRECTING THE RESPONDENT THE LAND GRANT COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION OF LANDS TO TAKE SUITABLE STEPS FOR GRANT OF LAND BEARING SY.NO.133, MEASURING 0-06 GUNTAS, SITUATED AT POMBARAHALLI VILLAGE, DUGGASANDRA HOBLI, MULABAGAL TALUK IN FAVOUR OF PETITIONER HEREIN 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 The learned High Court Government Pleader takes notice for all the respondents. 2. The petitioner is aggrieved of the impugned endorsement at Annexure-A issued by the Tahsildar, Mulabagal - 3 - HC-KAR NC: 2025:KHC:35936 WP No. 5920 of 2025 Taluk rejecting the application filed by the petitioner for regularization of unauthorised occupation of 0.06 guntas of land in Survey No.133 of Pombarahalli Village, Duggasandra Hobli, Mulabagal Taluk, Kolar District. 3. Learned counsel for the petitioner submits that earlier when the petitioner had approached this Court in WP No.17788 of 2024 seeking a writ of mandamus directing the respondent - Authorities to consider the application filed by the petitioner in Form No.57, this Court by order dated 08.07.2024 disposed of the writ petition while directing the respondents to take a decision on the application filed by the petitioner within an outer limit of six months. 4. The Tahsildar has issued the impugned endorsement, stating that the land in question belongs to private parties, and therefore, the same cannot be regularized in favour of the petitioner. 5. Learned High Court Government Pleader submits that when an application filed under Section 94(A) of the Karnataka Land Revenue Act, 1964 is considered and rejected, the remedy available for the petitioner is to approach the - 4 - HC-KAR NC: 2025:KHC:35936 WP No. 5920 of 2025 Assistant Commissioner and not to file a writ petition before this Court. 6. In the considered opinion of this Court, if the fact stated in the impugned endorsement is correct and the land belongs to private parties, the question of regularization of such lands would not arise. Nevertheless, it is open for the petitioner to approach the Assistant Commissioner by filing an appeal duly constituted in terms of the provisions of the Karnataka Land Revenue Act, 1964. The writ petition is accordingly disposed of. The 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.: 28