- 1 - HC-KAR NC: 2025:KHC:32257 WP No. 24281 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 24281 OF 2025 (KLR-RES) BETWEEN: SMT. ASHALATHA S AGED ABOUT 61 YEARS, W/O GOVINDA NAIK, SORNADU HOUSE, NO.4-65, PANJIKAL VILLAGE-574211, BANTWAL TALUK, D.K. DISTRICT. …PETITIONER (BY SRI. K CHANDRANATH ARIGA., ADVOCATE) AND: 1. DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT MANGALURU - 575 001 D.K. 2. THE TAHASILDAR BANTWAL TALUK-574211 BANTWAL D.K. 3. THE PANCHAYATH DEVELOPMENT OFFICER, PERAJE GRAM PANCHAYATH, PERAJE-574253 BANTWAL TALUK, D.K …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32257 WP No. 24281 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATION DATED 27.02.2023 FOR REGULARIZATION (ANNEXURE-G) AND DIRECT THE RESPONDENTS NOT TO INTERFERE WITH THE KUMKI PRIVILEGE OF THE PETITIONER OVER THE SCHEDULE LANDS 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 It is the case of the petitioner that she has filed an application on 27.02.2003 in Form No.57 in terms of Section 108CCC of Karnataka Land Grant Rules, 1996, seeking grant of land in Sy.No.48/4 and 87/5A of Peraje village, Bantwala Taluk to an extent of 1.03 Acre and 1.37 Acre, respectively. It is the contention of the learned Counsel for petitioner that she has also contended before the Deputy Commissioner that the petitioner has kumki privileges over the lands in question since they adjoined - 3 - HC-KAR NC: 2025:KHC:32257 WP No. 24281 of 2025 the varga land belonging to the petitioner and her family members. However, even before the application is considered, attempts are being made by the 3rd respondent-Panchayat Development Officer of Peraje Grama Panchayat to evict the petitioner from the land in question on the ground that the land is required for the benefit of the Grama Panchayat. The prayer in the writ petition is to issue directions to the respondents to consider the application filed by the petitioner and direct the respondents not to interfere with the kumki privilege of the petitioner over the petition schedule property till the application is considered. 3. Learned Additional Government Advocate seeks to contend that kumki privileges of the petitioner are privileges given to the owner of the varga land for better utilization of the varga land and the same cannot be granted. - 4 - HC-KAR NC: 2025:KHC:32257 WP No. 24281 of 2025 4. However, this Court finds from the third proviso to sub-section (4) of Section 94A, which provides a list of lands which cannot be granted, there is no mention about kumki lands. Even otherwise, it is for the Committee or the competent authority to take a decision as to whether the land could be granted to the petitioner or not. It is also trite law that when provisions are enabled under the statute for grant of certain lands and applications are filed, the authorities cannot seek to grant such lands to any other person or entity without considering the applications filed by the applicants in terms of the provisions of the law. 5. In that view of the matter, the writ petition stands disposed of with a direction to the 2nd respondent- Tahsildar, Bantwal Taluk, to consider the application filed by the petitioner on 27.02.2023 and pass necessary orders or place the application before the competent authority and ensure that orders are passed in accordance with law as expediently as possible and at any rate within a period - 5 - HC-KAR NC: 2025:KHC:32257 WP No. 24281 of 2025 of 3 months from the date of receipt of a copy of this order. 6. Needless to observe that till the application is considered and disposed of, the petitioners shall not be dispossessed from the property in question. Sd/- (R DEVDAS) JUDGE DL CT: JL