- 1 - NC: 2025:KHC:8091 WP No. 1296 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.1296 OF 2025 (KLR-REG) BETWEEN: SRI.SRINIVAS S/O LATE MUNIYAPPA AGED ABOUT 50 YEARS R/O THAVATAHALLI VILLAGE JADIGENAHALLI HOBLI HOSAKOTE TALUK-562 114 BENGALURU RURAL DISTRICT …PETITIONER (BY SRI.VIJAYA KUMAR BHAT A, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560 001 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION DODDABALLAPURA BENGALURU RURAL DISTRICT PIN CODE - 562 114 3. THE TAHASILDAR HOSAKOTE Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:8091 WP No. 1296 of 2025 BENGALURU RURAL DISTRICT PIN CODE - 562 114 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT BEARING NO.LNDORUCN/306/2024 DATED 03.12.2024 ISSUED BY THE R-3/THASILDAR, HOSAKOTE TALUK AS ANNX-B AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This writ petition is filed assailing the endorsement dated 03.12.2024 issued by respondent No.3 - Tahasildar, who has declined to place the petitioner's application filed in Form No.53 by applying the restriction of 18 kilometers radius from BBMP. The said endorsement dated 03.12.2024 issued by respondent No.3 - Tahasildar is under challenge. 2. Heard learned counsel for the petitioner and learned HCGP. - 3 - NC: 2025:KHC:8091 WP No. 1296 of 2025 3. The petitioner admittedly has tendered an application on 23.11.1998 in the prescribed Form No.53 seeking regularization of his unauthorized occupation of the land. Respondent No.3 - Tahasildar has applied restriction of 18 kilometer radius and rejected the petitioner's claim. This issue is effectively addressed by the Co-ordinate Bench in W.P.No.237/2022 dated 17.01.2024. The para No.6 of the judgment would clinch the entire controversy and the same is extracted and reads as under; "6. For that purpose, the writ petition is partly allowed while setting aside the impugned order dated 07.03.2018 passed by the Assistant Commissioner and all other earlier orders passed by the Tahsildar. The matter stands remanded to the Tahsildar, Hosakote with a specific direction that he shall decide as to what was the distance between the land in question and the boundary of then Bangalore Mahanagara Palike as it was as on the date of application i.e., in the year 1998. If it is clear that the land in question was not within the prohibited distance having regard to the boundaries of then Bangalore Mahanagara Palike, then the - 4 - NC: 2025:KHC:8091 WP No. 1296 of 2025 Tahsildar shall immediately proceed to issue Saguvali Chit in favour of the petitioners. The entire exercise shall be completed as expeditiously as possible at any rate within a period of two months from the date of receipt of copy of this order." 4. On reading the above observations made by the Co-ordinate Bench while rejecting the stand taken by the concerned Authority, this Court is of the view that while examining the radius of 18 kilometer radius, what needs to be looked into is the date of application. In the present case, the petitioner has tendered an application in Form No.53 seeing regularization on 23.11.1998. The endorsement clearly gives an indication that distance of 18 kilometer from Bruhat Bengaluru Mahanagara Palike limits is determined as on 2024. Therefore, in the light of the judgment rendered by the Co-ordinate Bench relating to the present controversy, this Court is of the view that the endorsement issued by respondent No.3 - Tahasildar vide Annexure-B is not sustainable and the same is liable to be set-aside. - 5 - NC: 2025:KHC:8091 WP No. 1296 of 2025 5. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) The endorsement bearing No.LNDORUCN/306/2024 dated 03.12.2024 issued by respondent No.3 - Tahasildar as per Annexure-B is hereby quashed. (iii) Respondent No.3 - Tahasildar shall examine the restriction of 18 kilometer radius from the date of application and whether restriction of 18 kilometer radius is applicable to be present cases on hand by strictly adhering to the law laid down by the Co-ordinate Bench in W.P.No.237/2022. (iv) In the event 18 kilometer radius is not applicable, respondent No.3 - Tahasildar shall verify and - 6 - NC: 2025:KHC:8091 WP No. 1296 of 2025 place the application filed by the petitioner in Form No.53 before the Land Grant Committee for further course of action. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 23