Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:8308 WP No. 1850 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1850 OF 2025 (KLR-RES) BETWEEN:
H.V. GIRISH, S/O LATE PATEL VEEREGOWDA, AGED ABOUT 48 YEARS, R/O HITTANAHLALI KOPPALU, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 571 424. …PETITIONER (BY SRI. VINAY D. HOSMATH, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
THE TAHSILDAR, MADDUR TALUK, MANDYA DISTRICT - 571 428. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT-2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER VIDE ANNEXURE-G DATED 06-03-2016 TO ISSUE SAGUVAL CHIT TO THE PETITIONER WITH REGARD TO LAND MEASURING 4 ACRES SITUATED IN SY.NO.28 OF BHUJAVALLI GRAMA, C.A.KERE HOBLI, MADDUR TALUK,MANDYA DISTRICT.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KAVYA R Location: High Court of Karnataka
- 2 -
NC: 2025:KHC:8308 WP No. 1850 of 2025
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner is aggrieved by the inaction on the part of respondent No.2-Tahasildar, who has failed to issue saguvali chit as contemplated under sub-clause 3 section 108D of the Karnataka Land Revenue Rules, 1966 (for short, '1966 Rules').
2. Heard learned counsel for the petitioner and learned HCGP. Perused the records.
3. The petitioner has approached this Court, alleging inaction on the part of respondent No.2, the Tahasildar. The petitioner contends that a competent committee has recommended the regularization of the petitioner’s unauthorized occupancy. In furtherance of this recommendation, the jurisdictional Tahasildar, acting under sub-clause (4) of Section 108D of the Karnataka Land Revenue Rules, 1966, issued a notice directing the
- 3 -
NC: 2025:KHC:8308 WP No. 1850 of 2025 petitioner to pay the required premium, as evidenced by Annexures A and B.
4. Despite the issuance of such notice, respondent No.2-Tahasildar has failed to pass the necessary orders in terms of sub-clause (3) of Section 108D of the 1966 Rules. This Court finds that the respondent's inaction demonstrates a clear lack of diligence in discharging his statutory duties. As per sub-clause (3) of Section 108D, when a recommendation for regularization has been made, the Tahasildar, who also serves as the Secretary of the committee, is legally obligated to issue the order of grant or the Saguvali Chit in the prescribed format upon collecting the specified premium from the petitioner.
5. Given that the petitioner has a vested legal right arising from the recommendation, he is entitled to seek a writ of mandamus from this Court, compelling the respondent to fulfill his statutory duty. Respondent No.2- Tahasildar, in turn, has a corresponding obligation to act in accordance with the provisions of Section 108D of the
- 4 -
NC: 2025:KHC:8308 WP No. 1850 of 2025 1966 Rules and proceed with the issuance of the necessary grant order or Saguvali Chit without undue delay.
6. For the foregoing reasons, this court passes the following:
ORDER i. The writ petition is allowed; ii. Respondent No.1-Deputy Commissioner is hereby directed to consider the petitioner's application and pass appropriate orders strictly adhering to the procedure provided under sub- clause 3 section 108D of the 1966 Rules. iii. This exercise shall be accomplished within a period of three months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK CT: BHK