Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36789 WP No. 28026 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. 28026 OF 2025 (KLR-REG) BETWEEN:
SRI H P NAGARAJU S/O LATE PUTTASWAMY GOWDA AGED ABOUT 62 YEARS RESIDENT OF KOTHNAHALLI VILLAGE YASALURU HOBLI SAKALESHPURA TALUK HASSAN DISTRICT-573 137. &PETITIONER (BY SRI. GIRISHA H M., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING BENGALURU - 560 001.
2.
THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN-573 201.
3.
THE ASST. COMMISSIONER SAKALESHPURA SUB-DIVISION SAKALESHPURA HASSAN DISTRICT - 573 134.
4.
THE TAHSILDAR SAKALESHPURA TALUK HASSAN DISTRICT-573 134.
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:36789 WP No. 28026 of 2025
5.
COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION OF LAND REP BY ITS SECRETARY THE TAHASILDAR SAKALESHPURA TALUK SAKALESHPURA HASSAN DISTRICT 3 573 134. &RESPONDENTS (BY SRI. SESHU V., HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.4 AND 5 AND THE OTHER RESPONDENTS TO CONSIDER THE APPLICATIONS OF THE PETITIONER DATED 30.12.1998 WHICH ARE PRODUCED AT ANNEXURES-A AND B RESPECTIVELY AND HIS FINAL REPRESENTATION DATED 09.09.2025 WHICH IS PRODUCED AT ANNEXURE -G FOR GRANT OF SCHEDULE PROPERTY TO HIM WITHIN THE TIME LIMITS THAT MAY BE FIXED BY THIS HONBLE COURT 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 High Court Government Pleader accepts notice for all the respondents.
2. It is the case of the petitioner that petitioner is in occupation of 1 acre 30 guntas of land in Sy.No.25 (Re.Sy.No.25/1) of Kothanahalli Village, Yasaluru Village, Sakaleshpura Taluk, Hassan District for more than 40
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HC-KAR NC: 2025:KHC:36789 WP No. 28026 of 2025
years. The grievance of the petitioner is that his application filed in Form No.53 seeking regularization of unauthorised occupation 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 application. Till consideration of the said application, direct the respondents not to interfere with the peaceful possession and enjoyment of the petition schedule property.
3.
Learned counsel for the petitioner has drawn the attention of this Court to the Annexures filed along with memorandum of writ petition and contends that consequent to the application filed by the petitioner, his statements have been recorded by the Revenue Inspector and the Revenue Inspector has submitted his report to the Tahsildar along with Mahazar. The sketches have also been prepared by the competent authority. Nevertheless, no further action has been taken.
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HC-KAR NC: 2025:KHC:36789 WP No. 28026 of 2025
4. Having regard to the contentions raised in the writ petition and submissions of the learned counsel for the petitioner, this Court is of the considered opinion that respondent No.4-Tahsildar was duty bound to place the application filed by the petitioner before the Committee for Regularization of Unauthorized Occupation and the Committee was also duty bound to consider the application and pass necessary orders. That exercise has not been taken up by the respondent-authorities till date.
5. Consequently, the writ petition stands disposed of with a specific direction to respondent No.4-Tahsildar, Sakaleshpura Taluk, to verify from the records as to whether such application filed by the petitioner in the year 1998, is pending consideration. If it is found that such application was indeed filed by the petitioner and the application is yet to be considered, the respondent No.4- Tahsildar is directed to place before respondent No.5- Committee, the application along with his recommendation within a period of four weeks from the date of receipt of a
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HC-KAR NC: 2025:KHC:36789 WP No. 28026 of 2025
copy of this order. Thereafter, respondent No.5-Committee shall consider the application and pass necessary orders in accordance with law, as expeditiously as possible and at any rate, within a period of two months thereafter.
6. Needless to observe that till the application of the petitioner is disposed of in terms of the directions issued by this Court, the possession of the petitioner in respect of the petition schedule property shall not be disturbed. Ordered accordingly.
7. Learned High Court Government Pleader 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.: 10