- 1 - HC-KAR NC: 2025:KHC:48837 WP No. 33020 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. 33020 OF 2025 (KLR-RES) BETWEEN: 1. SMT SANNACHIKKAMMA W/O. LATE RANGANAYAKA AGED ABOUT 75 YEARS 2. SRI. MAHESH R. S/O. LATE RANGA NAYAKA AGED ABOUT 40 YEARS 3. SRI. SOMANAYAKA S/O. LATE RANGA NAYAKA AGED ABOUT 32 YEARS ABOVE PETITIONERS ARE R/AT. NO.230, JAYAPURA VILLAGE, JAYAPURA HOBLI, MYSURU TALUK-571 130 … PETITIONERS (BY SRI. RAJARAM S., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER D C OFFICE COMPLEX, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48837 WP No. 33020 of 2025 MYSORE DISTRICT, MYSORE - 570 001. 2. THE ASSISTANT COMMISSIONER, MYSORE REVENUE SUB-DIVISION, ROOM NO. 10, SUB-DIVISIONAL MAGISTRATE, MYSORE, KARNATAKA - 570 005. 3. THE TAHSILDAR, OFFICER OF THE TAHSILDAR, MINI VIDHANASOUDHA, MYSORE-570 010. … RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) *** THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT NO. TAHMUS/LND(E)/CR-27/2024- 25 DATED 12.02.2025 ISSUED BY TAHASILDAR i.e., R3 AND CONSEQUENTLY CHALLENGING THE IMPUGNED ORDER DATED 04.09.2024 IN MYSDC-LND1/LG/74/2024(E-508953) ISSUED BY THE R1 i.e., DEPUTY COMMISSIONER VIDE ANNEXURE-A AND B 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 - 3 - HC-KAR NC: 2025:KHC:48837 WP No. 33020 of 2025 ORAL ORDER The petitioners are aggrieved by the endorsement at Annexure-'A' dated 12.02.2025 issued by the Tahsildar. It is noticed that the first petitioners' application for regularisation submitted in Form No.57 was under consideration and the Tahsildar at Annexure-'A' has made certain observations that the land is within a distance of 10 Kms. from the limits of Mysore Mahanagara Palike and accordingly has passed an order rejecting the application for regularisation. 2. It must be noticed that under Rule 108-CCC of the Karnataka Land Revenue Rules, 1966, a decision as regards ineligible application can be taken only by the Deputy Commissioner. The Tahsildar upon report of the officials concerned can place the report before the Deputy Commissioner for appropriate decision. If that were to be so, the endorsement at Annexure-'A' which is an order closing the first petitioner's application would be impermissible. - 4 - HC-KAR NC: 2025:KHC:48837 WP No. 33020 of 2025 3. Accordingly, it would be appropriate in the circumstances taking note of the contents at Annexure-'A' that Annexure-'A' would be treated as report made to the Deputy Commissioner and Tahsildar is to forward the same to the Deputy Commissioner. It is the Deputy Commissioner who has to take a final decision in terms of Rule 108-CCC of the Karnataka Land Revenue Rules, 1966. 4. The petitioners would submit that the report of Tahsildar is contrary to Annexure-'H' and also raises other submissions as well. 5. In light of the same, the petitioners are at liberty to place their stand as regards the report of Tahsildar before the Deputy Commissioner, after which, the Deputy Commissioner may take an appropriate decision. 6. The petitioner to place his stand before the Deputy Commissioner within a period of two weeks from - 5 - HC-KAR NC: 2025:KHC:48837 WP No. 33020 of 2025 the date of receipt of certified copy of the order and it is only thereafter that the Deputy Commissioner may take an appropriate decision. 7. Needless to state that the procedure of hearing the petitioners which otherwise under normal circumstances would not be afforded is being afforded, as the endorsement at Annexure-'A' is being treated as report. 8. Further, it is needless to state that any action for eviction could be initiated only after a final decision is taken by the Deputy Commissioner. In terms of the above, the petition is disposed of. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR