Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:38881 WP No. 25605 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 25605 OF 2025 (KLR-LG)
BETWEEN:
SRIDHARA M S S/O SEENAHAND, AGED ABOUT 57 YEARS, RESIDENT OF HUNASEMAKKI VILLAGE, NAMBALA, MELIGE POST, THITHAHALLI TALUK, SHIMOGGA DISTRICT-577415. …PETITIONER (BY SRI. GANAPATHI NAIK KANGOD., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BANGALORE-560001. 2. LAND GRANT COMMITTEE CONSTITUTED UNDER SECTION 94-A OF THE KARNATAKA LAND REVENUE ACT, THIRTHAHALLI TALUK, THIRTHAHALLI, SHIMOGGA DISTRICT-577432, BY ITS SECRETARY
Digitally signed by NANDINI B G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:38881 WP No. 25605 of 2025
3. THE TAHASILDAR, THIRTHALLI TALUK, THIRTHALLI, SHIMOGGA DISTRICT-577432 …RESPONDENTS (BY SRI. V. SESHU, HCGP.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER THE FORM NO.57 DATED 20-12-2018 SUBMITTED BY THE PETITIONER UNDER ANNEXURE-B FOR GRANT OF REGULARISATION OF 2 ACRES OF LAND IN SY.NO.10 OF NAMBALA VILLAGE, MUTTURU HOBLI THIRTHAHALLI TALUK, BY ISSUING THE WRIT IN THE NATURE MANDAMUS 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 HCGP accepts notice for all the respondents. 2. It is the case of the petitioner that he is in occupation of 2 Acres of land in Sy.No.10 of Nambala Village, Mutturu Hobli, Thirthahalli Taluk, Shimogga District for more than 40 years. The grievance of the
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HC-KAR NC: 2025:KHC:38881 WP No. 25605 of 2025
petitioner is that his application filed in Form No.57 seeking regularization of unauthorised occupation on 20.12.2018 has not been considered till date. Therefore, the prayer in the petition is to direct the respondents to consider the said application and till consideration, direct the respondents not to disturb the peaceful possession and enjoyment of the petitioner over the property in question. 3.
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-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 not having been taken the peaceful possession of the petitioner cannot be disturbed by the respondent- authorities. - 4 -
HC-KAR NC: 2025:KHC:38881 WP No. 25605 of 2025
4. Consequently, the writ petition stands disposed of with a specific direction to respondent No.3-Tahsildar, Thirthahalli Taluk to verify from the records as to whether such an application is filed by the petitioner on 20.12.2018, 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- Tahsildar is directed to place before the ‘Committee for Regularization of Unauthorised Occupation’ the application along with his recommendation within a period of four weeks from the date of receipt of a copy of this order. Thereafter, the 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. 5. 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 land in question shall not be disturbed. - 5 -
HC-KAR NC: 2025:KHC:38881 WP No. 25605 of 2025
Ordered accordingly. Learned HCGP is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE
MKM List No.: 1 Sl No.: 10