- 1 - HC-KAR NC: 2025:KHC:50189 WP No. 5971 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 5971 OF 2020 (KLR-REG) BETWEEN: 1. 2. 3. SMT. MANJULA W/O LATE RAJEGOWDA AGED ABOUT 55 YEARS B.R KUMARA S/O LATE RAJEGOWDA AGED ABOUT 30 YEARS B.R GIRISHA S/O LATE RAJEGOWDA AGED ABOUT 28 YEARS ALL ARE RESIDENT OF BUNDOREKOPPALU VILLAGE, BARASALU HOBLI MANDYA TALUK, MANDYA DISTRICT-571 416 &PETITIONERS (BY SRI. RAMESH K.R, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA-571 401 2. THE ASSISTANT COMMISSIONER MANDYA SUB-DIVISION, MANDYA-571 401 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50189 WP No. 5971 of 2020 3. THE TAHASILDAR MANDYA TALUK, MANDYA-571 401. 4. RAMAKRISHNA S/O NINGEGOWA SINCE DEAD BY LRS SMT. GEETHA W/O LATE RAMAKRISHNA AGED ABOUT 45 YEARS 5. SRI. RAHUL S/O LATE RAMAKRISHNA AGED ABOUT 19 YEARS 6. POOJA D/O LATE RAMAKRISHNA AGED ABOUT 21 YEARS ALL ARE R/O NANDAHALLI VILLAGE, BASARALU HOBLI, MUTHEGERE POST MANDYA TALUK, MANDYA DISTRICT-571 416. &RESPONDENTS (BY SRI. RAHUL CARIAPPA K.S, AGA FOR R1-R3, SRI. HARSHA KUMAR GOWDA, H.R, ADVOCATE FOR R4-R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO CONSIDER THE APPLICATION FILED BY THE PETITIONER SEEKING REGULARIZATION OF THE LAND IN QUESTION ALONG WITH THE APPLICATION SUBMITTED BY HIM R-4 IN COMPLIANCE OF THE ORDER DATED 25.9.2001 PASSED BY THE LEARNED ASSISTANT COMMISSIONER IN CASE NO.RA 78/1999-2000 AT ANNEXURE-B BY FOLLOWING DUE PROCESS OF LAW. - 3 - HC-KAR NC: 2025:KHC:50189 WP No. 5971 of 2020 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER This writ petition is filed by the petitioners seeking a writ of mandamus directing respondent No.3-the Tahsildar to consider the application filed by the one Rajegowda i.e., the husband of petitioner No.1 and father of petitioner Nos.2 and 3 and so also the application filed by one Ramakrishna i.e., the husband of respondent No.4 and father of respondent Nos.5 and 6 seeking regularization of their land bearing Sy.No.59 of Harakadahalli Village, Basaralu Hobli, Mandya Taluk, Mandya District and to issue writ of certiorari directing respondent No.3 to quash the M.R.No.H2/2014-15 dated 29.10.2014 as per Annexure-F and thereby direct respondent No.3 to continue the revenue entry in the name of petitioners till the order afresh passed in compliance of the order dated - 4 - HC-KAR NC: 2025:KHC:50189 WP No. 5971 of 2020 25.09.2001 passed by the Assistant Commissioner as per Annexure-B. 2. The grievance of the petitioners is that aforesaid Rajegowda was in unauthorized possession and cultivation of the land bearing Sy.No.59 measuring to an extent of 1 acre 20 guntas of Harakadahalli Village, Basaralu Hobli, Mandya Taluk, Mandya District (for brevity, 'subject land'). Accordingly, he filed Form No.50 before the Regularization Committee on 28.08.1991 and the committee after conducting an enquiry allowed the claim of Rajegowda and granted the subject land in his favour. 3. Subsequently, aforesaid Ramakrishna challenged the said order before the Assistant Commissioner in R.A.No.78/99-00 on the ground that he also filed an application for regularization of the subject land on 17.09.1991 and the said application was not at all considered. Accordingly, the Assistant Commissioner directed the Tahsildar to consider the claim of both the - 5 - HC-KAR NC: 2025:KHC:50189 WP No. 5971 of 2020 Rajegowda and Ramakrishna in accordance with law after conducting an enquiry by placing the matter before the committee. 4. However, the said order was challenged by Rajegowda before the Deputy Commissioner in R.A.No.22/2002. The Deputy Commissioner after considering the rival claim, affirmed the order passed by the Assistant Commissioner. Challenge to the same is lis before this Court. 5. Heard the learned counsel appearing for the respective parties. 6. On careful perusal of the impugned order passed by the Deputy Commissioner and the Assistant Commissioner, it could be gathered that Rajegowda and Ramakrishna have made rival claim for regularization of the subject land claiming that they are in unauthorized occupation of the same. No doubt, initially subject land was granted in favour of Rajegowda. However, the said - 6 - HC-KAR NC: 2025:KHC:50189 WP No. 5971 of 2020 order was challenged by the Ramakrishna on the ground that his application was not at all considered. 7. Such being the position, the Assistant Commissioner and Deputy Commissioner rightly passed the order by directing the Tahsildar to conduct an enquiry and place the matter before the regularization committee for necessary order. Despite passing such order, the Tahsildar has not acted upon the order and implemented the same by placing the same before the committee after conducting an enquiry. 8. In that view of the matter, the writ petition succeeds. The writ of mandamus is issued. The respondent No.3 is directed to implement the order passed by the Assistant Commissioner in accordance with law and in accordance with observation made by the Assistant Commissioner in order dated 25.09.2001 within a period of six months. - 7 - HC-KAR NC: 2025:KHC:50189 WP No. 5971 of 2020 9. It is made clear that, till passing of such order, the parties shall maintain status-quo in respect of possession of the subject land. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 31