Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36790 WP No. 28041 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. 28041 OF 2025 (KLR-LG) BETWEEN:
1.
SRI. A L KRISHNA KUMAR S/O A S LAKKEGOWDA AGED ABOUT 42 YEARS R/A HADAVANAHALLI VILLAGE AGRAHARA GATE, HALEKOTE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT-573 211.
2.
SRI. A L MOHAN KUMAR S/O A S LAKKEGOWDA AGED ABOUT 41 YEARS R/AT HADAVANAHALLI VILLAGE AGRAHARA GATE, HALEKOTE HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT-573 211. …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 HASSAN -573 201.
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:36790 WP No. 28041 of 2025
3.
THE TAHSILDHAR HOLENARSIPURA TALUK HOLENARSIPURA -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 04.12.2018 VIDE ANNEXURES A AND A1 FILED BY THE PETITIONERS FOR REGULARIZATION OF THE UNAUTHORIZED OCCUPATION OF THE LAND BEARING SY. NO.23 MEASURING TO AN EXTENT OF 1 ACRE 20 GUNTAS EACH SITUATED AT HADAVANAHLLI 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 takes notice for all the respondents.
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HC-KAR NC: 2025:KHC:36790 WP No. 28041 of 2025
2. It is the contention of the petitioners that they have filed applications in Form No.53 on 04.12.2018 seeking regularization of unauthorised occupation of certain lands in Sy.No.23 measuring 1 acre 20 guntas each, of Hadavanahalli Village, Halekote Hobli, Holenarasipura Taluk, Hassan District. However, till date no orders have been passed on the applications filed by the petitioners.
3. The prayer in the writ petition is to issue writ of mandamus directing the respondent-authorities to consider the applications filed at the hands of the petitioners seeking regularization of unauthorized occupation of the aforesaid lands and till consideration of the said application, direct the respondents not to interfere with the peaceful possession and enjoyment of the petition schedule property.
4. 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
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HC-KAR NC: 2025:KHC:36790 WP No. 28041 of 2025
respondent No.3-Tahsildar is duty bound to place the applications filed by the petitioner before respondent No.4 - ‘Committee for Regularization of Unauthorized Occupation’ and the Committee is also duty bound to consider the applications and pass necessary orders. That exercise not having been taken by the respondent authorities, the respondents cannot evict the petitioners without consideration of the applications of the petitioners.
5. Consequently, the writ petition stands disposed of with a specific direction to respondent No.3-Tahsildar, Holenarasipura Taluk to place the applications of the petitioners before the Committee within a period of four weeks from the date of receipt of a certified copy of this
order. The Committee thereafter shall consider the applications and pass necessary orders as expeditiously as possible and at any rate within a period of two months thereafter. Ordered accordingly.
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HC-KAR NC: 2025:KHC:36790 WP No. 28041 of 2025
6. Needless to observe that till the applications of the petitioners are disposed of in terms of the directions issued by this Court, the possession of the petitioners in respect of the petition schedule property shall not be disturbed.
7. 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.: 12