Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36845 WP No. 28063 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 28063 OF 2025 (KLR-REG) BETWEEN:
1.
SRI. CHANDREGOWDA S/O LATE THIMMEGOWDA AGE ABOUT 67 YEARS R/AT THATTEKERE VILLAGE KASABA HOBLI HOLENARASIPURA TALUK HASSAN DISTRIT 573211 SENIOR CITIZEN BENEFIT NOT CLAIMED.
2.
RAMESHA T N S/O NANJUNDEGOWDA AGE ABOUT 50 YEARS R/AT THATTEKERE VILLAGE KASABA HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT 573211. &PETITIONERS (BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING BENGALURU-560 001.
2.
THE DEPUTY COMMISSIONER HASSAN DISTRICT
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:36845 WP No. 28063 of 2025
HASSAN -573 201.
3.
THE TAHSILDHAR HOLENARASIPURA TALUK HOLENARASIPURA -573 211.
4.
THE LAND GRANT COMMITTEE FOR GRANT OF LANDS TO UNAUTHORIZED OCCUPANTS OF GOVERNMENT LANDS HASSAN DISTRICT HASSAN -573201 BY ITS CHAIRMAN. &RESPONDENTS (BY SMT. B P RADHA., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS OR ORDER OR DIRECTION DIRECTING THE RESPONDENT AUTHORITIES TO CONSIDER AND DISPOSE OF THE APPLICATIONS DATED 01.12.2018 VIDE ANNEXURE A AND A1 AND REPRESENTATIONS DATED 20.07.2024 VIDE ANNEXURE-D AND D1 FILED BY THE PETITIONERS FOR REGULARIZATION OF THE UNAUTHORIZED OCCUPATION OF THE LAND BEARING SY NO.8 MEASURING TO AN EXTENT OF 2 ACRES EACH SITUATED AT SUNNAKAL HOSUR VILLAGE, HOLENARASIPURA TALUK, HASSAN DISTRICT EXPEDITIOUSLY AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
Learned Additional Government Advocate accepts notice for all the respondents.
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HC-KAR NC: 2025:KHC:36845 WP No. 28063 of 2025
2. The grievance of the petitioners is that their applications filed in Form No.53 seeking regularization of unauthorised occupation of land measuring 2 acres each, in Sy.No.8 of Sunnakal Hosur Village, Kasaba Hobli, Holenarasipura Taluk, Hassan District, in the year 1998 has not been considered till date. Therefore, the prayer in the petition is to direct the respondents to consider the said applications and till
consideration, direct the respondents not to interfere with the peaceful possession and enjoyment of the petition schedule property.
3. Having regard to the contentions raised in the writ petition and submission of the learned counsel for the petitioners, this Court is of the considered opinion that respondent No.3-Tahasildar was duty bound to place the applications filed by the petitioners before respondent No.5, 8Committee for Regularization of Unauthorized Occupation9 and the Committee was also duty bound to consider the applications and pass necessary orders. That exercise not having been taken by the respondent
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HC-KAR NC: 2025:KHC:36845 WP No. 28063 of 2025
authorities, the respondents cannot evict the petitioners without consideration of the applications of the petitioners.
4. Consequently, the writ petition stands
disposed of with a specific direction to respondent No.4 3 Tahsildar, Holenarasipura Taluk to verify from the records as to whether such applications filed by the petitioners in the year 1998, is pending consideration. If it is found that such applications were indeed filed by the petitioners and the applications are yet to be considered, the respondent- Tahsildar is directed to place before respondent No.4- Committee, the applications along with his recommendation within a period of four weeks from the date of receipt of a copy of this order. Thereafter, respondent No.5-Committee shall consider the applications and pass necessary orders in accordance with law as expeditiously as possible and at any rate within a period of two months thereafter.
5. Needless to observe that till the applications of the petitioners are disposed of in terms of the directions
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HC-KAR NC: 2025:KHC:36845 WP No. 28063 of 2025
issued by this Court, the possession of the petitioners in respect of the petition schedule property shall not be disturbed.
Ordered accordingly.
6. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.
Sd/- (R DEVDAS) JUDGE
BMC List No.: 1 Sl No.: 13