- 1 - HC-KAR NC: 2025:KHC:38705 WP No. 4833 of 2017 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. 4833 OF 2017 (KLR-REG) BETWEEN: 1. SRI. LINGAMURTHY S/O GUNDAPPA AGED ABOUT 55 YEARS 2. SRI GANESHAPPA S/O PUTTAPPA AGED ABOUT 57 YEARS 3. SRI NAGAPPA S/O PUTTAPPA AGED ABOUT 58 YEARS 4. SRI NAGARAJAPPA S/O UJJAPPA AGED ABOUT 42 YEARS 5. SRI MANJAPPA S/O LENKYAPPA AGED ABOUT 60 YEARS 6. SRI SIDDAPPA S/O HULAGAPPA AGED ABOUT 59 YEARS Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38705 WP No. 4833 of 2017 7. SRI LAKSHMANA S/O HANUMANTAPPA AGED ABOUT 25 YEARS 8. SRI MALATESHA S/O HANUMANTHAPPA AGED ABOUT 47 YEARS 9. SRI MALTESHA S/O LAKSHMANAPPA AGED ABOUT 29 YEARS 10. SMT NEELAMMA W/O MANJAPPA AGED ABOUT 55 YEARS 11. SRI HUCHCHAPPA S/O NAGAPPA AGED ABOUT 55 YEARS 12. SRI SHEKARAPPA S/O AMBAADEPPA AGED ABOUT 47 YEARS 13. SRI GUDDAPA S/O NEELAPPA AGED ABOUT 40 YEARS 14. SRI MANJAPPA S/O HANUMANTHAPPA AGED ABOUT 64 YEARS 15. SRI PAKEERAPPA S/O GUTHYAPPA BHARKI AGED ABOUT 54 YEARS - 3 - HC-KAR NC: 2025:KHC:38705 WP No. 4833 of 2017 16. SRI GANESHAPPA S/O SMT YALLAMMA AGED ABOUT 52 YEARS 17. SRI BASAVARAJAPPA S/O RAMAPPA AGED ABOUT 54 EYARS 18. SRI MAHADEVAPPA S/O BHEEMAPPA AGEDA BOUT 60 YEARS 19. SRI MALLESHAPPA S/O SHIVAPPA AGED ABOUT 58 YEARS 20. SMT GUTHYAMMA W/O DEVENDRAPPA AGED ABOUT 55 YEARS 21. SRI ELUKONTEPPA S/O GUTHYAPPA AGED ABOUT 38 YEARS 22. SRI SHANTHAPPA S/O HANUMANTHAPPA AGED ABOUT 55 YEARS 23. SRI HANUMANTHAPPA S/O PUTTAPPA AGED ABOUT 57 YEARS 24. SRI PAKIRAPPA S/O HULAGAPPA AGED ABOUT 65 YEARS - 4 - HC-KAR NC: 2025:KHC:38705 WP No. 4833 of 2017 25. SRI PARASAPPA S/O HULAGAPPA AGED ABOUT 50 YEARS 26. SRI PAKEERAPPA S/O PUTTAPPA AGED ABOUT 50 YEARS 27. SRI NINGAPPA S/O ADIVEPPA AGED ABOUT 70 YEARS 28. SRI NAGAPPA S/O ADIVAPPA AGED ABOUT 58 YEARS ALL ARE R/O BENNEGERI VILLAGE BHARANGI POST, ANAVATTI HOBLI SORABA TALUK SHIVAMOGA DISTRICT-577429 …PETITIONERS (BY SRI. H.R.SHOWRI., ADVOCATE FOR SRI. RAKSHITH JOIS Y.P., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECREARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU 560001. 2. THE DEPTUY COMMISSIONER SHIMOGA DISTRICT, SHIMOGA 577201. 3. THE ASSISTANT COMMISSIONER SAGAR SUB DIVISION, - 5 - HC-KAR NC: 2025:KHC:38705 WP No. 4833 of 2017 SAGAR 577421 SHIMOGA DISTRICT. 4. THE TAHASILDAR SORABA TALUK, SORABA 577429, SHIMOGA DISTRICT 5. THE REGULARIZATION COMMITTEE SORABA TALUK, SORABA 577429, REP. BY ITS SECRETARY, THE TAHASILDAR, SORABA TALUK, SHIMOGA DISTRICT …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATE D14.10.2016 ISSUED BY R-4 AT ANNEXURE-N; DIRECT RESPONDENTS TO ISSUE OCCUPATION CERTIFICATE IN TERMS OF THE ORDERS PASSED BY REGULARISATION COMMITTEE DATED 03.09.2016 AT ANNEXURE-K AND IN TERMS OF THE REPRESENTATION GIVEN BY THE PETITIONER TO R-4 DATED 14.10.2016 AT ANNEXURE- M AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:38705 WP No. 4833 of 2017 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioners are aggrieved of the impugned endorsement dated 14.10.2016 at Annexure-N issued by the respondent-Tahsildar, Sorba Taluk. 2. Learned Counsel for the petitioners submits that the petitioners being in unauthorized occupation of various extents of lands in Sy.Nos.1 and 10 of Koppadalu Village, Anavathi Hobli, Soraba Taluk, Shivamogga District, filed their respective Applications seeking regularization of unauthorized occupation in the year 1991. However, it appears that one Channabasappa Gowda had filed W.P.No.28668/1982 before this Court seeking directions to the revenue authorities not to dispose of the Government lands in Sy.Nos.1 and 10. This Court passed an order on 14.09.1989 that the Deputy Commissioner and the Tahsildar shall verify whether Sy.No.1 of Koppadalu Village falls within Rule 10(2)(5) of the Karnataka Land Grant Rules and further to verify and determine as to whether - 7 - HC-KAR NC: 2025:KHC:38705 WP No. 4833 of 2017 the lands in Sy.No.10 of Koppadalu Village was at any point of time reserved as gomala and has been treated as such and whether the same could be granted to any of the applicants. Sri.Channabasappa Gowda, once again filed W.P.No.16414/1990 along with a few other petitioners seeking similar directions. Once again this Court by order dated 18.06.1997 disposed of the writ petition observing that such directions have already been issued in W.P.No.28668/1982 and the revenue authorities were empowered to proceed in accordance with law. 3. Accordingly the Committee for regularization of unauthorised occupation proceeded to consider the Applications given by the petitioners and the Committee took a decision on 03.09.2016 to grant various extents of lands to the petitioners. The petitioners were called upon to pay the premium and accordingly they have paid the premium as could be seen at Annexure-L series. However, the Tahsildar has issued the impugned endorsement at Annexure-N dated 14.10.2016 stating that since certain - 8 - HC-KAR NC: 2025:KHC:38705 WP No. 4833 of 2017 orders were passed in W.P.Nos.28668/1982 and 16414/1990, all further proceedings will be stayed. 4. Having regard to the orders earlier passed by this Court in the two writ petitions filed at the hands of Sri.Channabasappa Gowda and others, there can be no doubt that it was left to the revenue authorities to consider the Applications in accordance with law. Now, if the Committee has taken a decision to grant the lands in favour of the applicants, the Tahsildar is duty bound to proceed to issue Saguvali Chits to the applicants in whose favour recommendation is already made by the Committee. 5. Accordingly, the writ petition is allowed while setting aside the impugned endorsement dated 14.10.2016 at Annexure-N, with a direction to the respondent-Tahsildar, Sorba Taluk, to proceed to issue Saguvali Chits in favour of the applicants in whose favour the Committee has already taken a decision to grant - 9 - HC-KAR NC: 2025:KHC:38705 WP No. 4833 of 2017 lands. There is no impediment for the Tahsildar to issue Saguvali Chits accordingly. 6. The Tahsildar shall proceed to issue Saguvali Chits accordingly in favour of all the applicants in whose favour a decision is already taken by the Committee for regularization of unauthorised occupation and where the premium has already been paid by such applicants or/and to collect the premium in respect of those applicants who have not paid the premium and issue Sagivali Chits in accordance with law. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this order. 7. Pending Interlocutory Applications, if any, stand disposed of. Sd/- (R DEVDAS) JUDGE DL CT: JL