- 1 - HC-KAR NC: 2025:KHC:35319 WP No. 27250 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 27250 OF 2025 (KLR-RES) BETWEEN: SRI. LOKESHA @ LOKESH GOWDA S/O LATE MANJE GOWDA AGE ABOUT 74 YEARS RESIDENT OF NETTEKERE VILLAGE, KASABA HOBLI, BANTENAHALLI POST, BELUR TALUK, HASSAN DISTRICT - 573 115 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) &PETITIONER (BY SRI. H.M. GIRISHA, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING, BENGALURU - 560001 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN - 573 201 3. THE ASST. COMMISSIONER SAKALESHPURA SUB-DIVISION, SAKALESHPURA, HASSAN DISTRICT - 573 134 4. THE TAHSILDAR BELUR TALUK, BELUR, Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35319 WP No. 27250 of 2025 HASSAN DISTRICT - 573 115 &RESPONDENTS (BY SRI. V. SESHU, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ENDORSEMENT NO.N.C.R.03/25-26 DATED 26.08.2025 ISSUED BY THE THAHSILDAR BELUR TALUK/RESPONDENT NO.4 AND THEREBY REFUSING TO GRANT THE LAND IN FAVOUR OF THE PETITIONER IN RESPECT OF SCHEDULE PROPERTY WHICH IS PRODUCED AT ANNEXURE AND ETC., THIS WP, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned HCGP takes notice for all the respondents. 2. Learned counsel for the petitioner submits that the petitioner had filed an application in Form No.53 seeking regularization of unauthorised occupation of 3 acres of land in Survey No.82 of Nettekere Village, Kasaba Hobli, Belur Taluk, Hassan District, on 05.07.1991. However, the said lands were granted to some other person and the petitioner's adjacent occupant being - 3 - HC-KAR NC: 2025:KHC:35319 WP No. 27250 of 2025 aggrieved of such an action, he committed suicide on 08.12.2021 . The petitioner however raised a challenge to the grant made in favour of the other person and orders were passed by the Assistant Commissioner, as found at Annexure-E canceling the grant. Thereafter, the petitioner approached this Court in W.P.No.4760/2025 seeking directions to the Tahsildar and the committee to reconsider the application filed by him, since the said land was available for grant. This Court passed orders on 20.02.2025, while directing the Deputy Commissioner to consider the representation submitted by the petitioner. Thereafter, the petitioner gave a representation to the Deputy Commissioner on 17.03.2025 enclosing a copy of the order passed in W.P.No.4760/2025. The Tahsildar has issued the impugned endorsement at Annexure-A dated 26.08.2025 rejecting the application on the ground that the lands are within the prohibited distance of 3 kilometers from the boundary of the town municipality. - 4 - HC-KAR NC: 2025:KHC:35319 WP No. 27250 of 2025 3. Learned counsel for the petitioner submits that when admittedly the same lands were granted in favour of the other person having regard to the applications filed in the year 1991, when the prohibition as found now was not applicable having regard to the geographical boundary of the town municipality. The Tahsildar could not have rejected the application on the same ground. 4. This Court in the case of Sri Ashwathappa and Others /vs./ State of Karnataka and Others in W.P.No.2411/2022, has held that the distance has to be measured having regard to the geographical boundary of the municipality, corporation or the local authority bearing in mind the date of the application and the geographical boundary of the local authority. In the present case when admittedly the same lands were granted in favour of some other person, it would clearly indicate that the lands in question were not within the prohibited distance as on the date when the application was filed by the applicant. In that view of the matter, the impugned endorsement could - 5 - HC-KAR NC: 2025:KHC:35319 WP No. 27250 of 2025 not have been issued by the Tahsildar rejecting the application on the ground that the land is within the prohibited distance. 5. Consequently, the writ petition is allowed. The impugned endorsement at Annexure-A dated 26.08.2025 issued by the Tahsildar, Belur Taluk, Belur, is hereby quashed and set aside. The Tahsildrar, Belur Taluk is hereby directed to place the application of the petitioner before the Committee for regularization of unauthorized occupation within a period of four weeks from the date of receipt of a copy of this order. The Committee shall thereafter proceed to pass necessary orders to grant the lands in favour of the petitioner, without again rejecting the application on the ground that the land is within the prohibited distance. The Committee shall pass necessary orders as expeditiously as possible and at any rate within a period of two months from the date when the application is placed before the Committee. - 6 - HC-KAR NC: 2025:KHC:35319 WP No. 27250 of 2025 Ordered accordingly. 6. Learned HCGP is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE MKM CT:VS List No.: 1 Sl No.: 19