- 1 - HC-KAR NC: 2025:KHC:48815 WP No. 32898 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 32898 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SMT KARIYAMMA W/O THIMMANNA AGED ABOUT 47 YEARS R/AT DODDAGHATTA VILLAGE HIRIYUR TALUK, CHITRADURGA DISTRICT, KARNATAKA-577 598 … PETITIONER (BY SRI. NAGARAJA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT, VIDHANASOUDHA BANGALORE-560 001 2. THE TAHSILDAR HIRIYUR TALUK CHITRADURGA DISTRICT-577 598 … RESPONDENTS (BY SRI. SHAMANTH NAIK., HCGP) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48815 WP No. 32898 of 2025 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION BY QUASHING THE IMPUGNED DTD 20.08.2025 PASSED BY THE R-2 HEREIN PRODUCED AT ANNEXURE-G AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has called in question the validity of the order passed by the Tahsildar at Annexure-G dated 20.08.2025. The application for regularisation filed by the petitioner has been disposed of by the Tahsildar as being ineligible. 2. Perused Rule 108-CCC of the Karnataka Land Revenue Rules. The said provision reads as hereunder: "108-CCC. Procedure under Section 94-A.- (1) For the purpose of subsection (4) of section 94-A of the Act, any person who is in unauthorized occupation of the Government Land may make an application to the Tahsildar of the concerned Taluk - 3 - HC-KAR NC: 2025:KHC:48815 WP No. 32898 of 2025 along with a fee of rupees one hundred. Provided that the person who have applied for regularization of unauthorized cultivation under Form-50 and Form-53 shall not be eligible for applying in Form -57. (2) After receipt of application in Form-57, the concerned Tahasildar shall cause the particulars of the application to be entered in a register kept in his office, which shall be in Form-58 in the order of seniority of date of receipt of application. (3) Tahsildar shall thereafter get the application scrutinized and send with all related documents to the officer authorized by him for further verification. On receipt of application and document from the Tahsildar, the Officer authorized by him shall make spot inspection, examine the documentary and circumstantial evidence, determine the eligibility or otherwise, record his findings and send a report to the Tahsildar, who is the Secretary to the Committee, within three months from the date of receipt of the documents. On receipt of the report from the officer, authorized with his findings, the Tahsildar shall forward the ineligible applications to the Deputy Commissioner for further necessary action and the Deputy Commissioner shall reject such - 4 - HC-KAR NC: 2025:KHC:48815 WP No. 32898 of 2025 ineligible applications and the Tahsildar shall place all the eligible applications with suitable recommendations to the Committee or Additional Committee as the case may be within one month from the receipt of the report. (4) The Committee or the Additional Committee shall after verifying the particulars submitted by the applicant and recommendations of the Tahsildar, after holding such enquiry as deemed necessary determine the extent of land to which the applicant is entitled for grant and the amount required to be paid by him for the grant of land and publish a notice which shall be in Form-59 in the Chavadi of the village in which the land is situated and also in the Office of the Gram Panchayat inviting objections from the interested persons for the proposed grant within such time as may be specified in the notice which shall not be less than fifteen days from the date of the notice. (5) After expiry of the period specified in the notice, the Committee or the Additional Committee shall, after considering the objections received and after further enquiry, if necessary recommend for the grant of land unauthorizedly occupied by the applicant or to dismiss it, subject to the provisions of Rule 108-I. - 5 - HC-KAR NC: 2025:KHC:48815 WP No. 32898 of 2025 (6) The provisions of sub rules (3), (4) and (6) of the Rule-108D shall mutatis-mutandis apply for the purpose of grant of land under sub-section (4) of Section 94A of the Act." 3. It must be noticed that in terms of Rule 108- CCC of the Rules, the Tahsildar on report of the officers with his findings shall forward the ineligible application to the Deputy Commissioner for further action and it is the Deputy Commissioner who has power to reject ineligible applications. 4. In light of the same, the Order at Annexure-G could not have the effect of closing consideration of ineligible application. Such decision is only to be taken by the Deputy Commissioner. Accordingly, the Order at Annexure-G is to be treated as a report that is to be forwarded by the Tahsildar to the Deputy Commissioner. The petitioner is at liberty to represent before the Deputy Commissioner to clarify his stand if according to the - 6 - HC-KAR NC: 2025:KHC:48815 WP No. 32898 of 2025 petitioner, his application is in fact eligible, contrary to the findings of the Tahsildar. 5. Accordingly, the order at Annexure-G is treated as a report of the Tahsildar. The same to be forwarded to the Deputy Commissioner. Needless to state, if the Deputy Commissioner were to take a decision as contemplated under Section 108-CCC(3) of the Rules, petitioner may be heard. Such direction of hearing is made in the peculiar facts of the case. 6. In light of the above, the petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VP