Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31138 WP No. 32194 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 32194 OF 2024 (KLR-REG) BETWEEN:
RAMESH NAIK, S/O HANUMA NAIK, AGED ABOUT 49 YEARS, R/AT OBALAPURATHANDA VILLAGE, DINDAVARA POST, J G HALLI HOBLI, HIRIYURU TALUK, CHITRADURGA DISTRICT - 572 143. …PETITIONER (BY SMT. GEETHA A., ADV. FOR SMT. RATHNAMMA E., ADVOCATE) AND:
1.
STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, MULTI STORIED BUILDING, BENGALURU - 560 001. Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:31138 WP No. 32194 of 2024
2.
DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA - 577 501
3. TAHSILDAR HIRIYURU TALUK, HIRIYURU, CHITRADURGA DISTRICT - 572 143.
4.
COMMITTEE FOR REGULARISATION OF UNAUTHORIZED OCCUPATION, REP. BY SECRETARY AND TAHSILDAR, HIRIYUR TALUK, CHITRADURGA DISTRICT - 572143. …RESPONDENTS (BY SMT. B P RADHA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING RESPONDENTS TO CONSIDER THE APPLICATION FILED BY THE PETITIONER FOR REGULARIZATION AND TAKE DECISION IN SO FAR AS IT RELATES TO 4 ACRES OF LAND IN SY. NO. 47 OF OBALAPURA VILLAGE, JAVANAGONDANAHALLI HOBLI, HIRIYURU TALUK, CHITRADURGA DISTRICT IS CONCERNED AS PER THE DETAILS SHOWN IN THE FORM NO. 57 COPY OF WHICH IS PRODUCED AS ANN-A IN THE LIGHT OF THE GOVERNMENT ORDER BEARING NO. RD 59 LGP 2000 BENGALURU DATED 22/02/2003 AND UNIQUE QUE NO. RD.11 SVEE AND RAA 2003 DATED 22/02/2003 COPY FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION OF THE PETITIONER AS PER THE REPRESENTATION DATED 04/05/2024 TRUE COPY OF WHICH IS PRODUCED AS ANN-C AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:31138 WP No. 32194 of 2024
CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate accepts notice for all the respondents.
2. The petitioner had made an application in Form No.57 seeking regularization of unauthorized occupation of 4 acres of land in Sy.No.47 of Obalapura Village, Javanagondanahalli Hobli, Hiriyuru Taluk, Chitradurga District, as per Annexure-A.
3.
Learned counsel for the petitioner has drawn the attention of this Court to Annexure 'B' which is a Government
Order bearing No.RD-59-LGP-2000, Bangalore dated 22.02.2003 wherein, the State Government has taken a decision that such lands which were reserved as Sendhi Vana, for the purpose of extracting arrack in many of the districts have to be de-reserved and handed over to Revenue Department for further action. It is pointed out from the said Government Order, that in respect of Chitradurga District, an
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HC-KAR NC: 2025:KHC:31138 WP No. 32194 of 2024 extent of 8817.18 acres of land have been de-reserved from Sendhi Vana and made available to the Revenue Department for further action.
4. Further, the learned counsel has also drawn the attention of this Court to clause-5 of the Government Order wherein, it is clearly stated that the de-reserved lands may be granted to landless persons under the provision for regularization of unauthorized occupation to an extent not exceeding 05 acres to each applicant.
5.
Learned counsel however submits that it is possible that the petitioner is in occupation of 04 acres of land in terms of the application filed by him.
6. Having regard to the admitted position that the State Government itself issued a Government Order in the year 2003 to regularize unauthorized occupation of such lands in favour of persons who do not have any agricultural lands with them, this Court deems it fit to dispose of the writ petition as under:
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HC-KAR NC: 2025:KHC:31138 WP No. 32194 of 2024
ORDER
1. The writ petition is allowed in part.
2. The respondent - Tahsildar is directed to place the application of the petitioner along with his recommendation taking note of the survey report earlier made available to the Tahsildar and place the same before the respondent - Committee for Regularization of Unauthorized Occupation, within a period of two months from the date of receipt of a copy of this order.
3. The Committee shall re-consider the application having regard to the Government
order dated 22.02.2003 at Annexure 'B' and pass necessary orders, having regard to the claim made by the petitioner in the application and the verification of the factual aspects, as expeditiously as possible and at any rate within a period of two months from the date when such application is placed by the Tahsildar before the Committee. Ordered accordingly.
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HC-KAR NC: 2025:KHC:31138 WP No. 32194 of 2024 Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE KG List No.: 1 Sl No.: 13