- 1 - HC-KAR NC: 2025:KHC:31161 WP No. 20625 of 2025 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. 20625 OF 2025 (KLR-LG) BETWEEN: NAGARAJ. B. M. S/O MUNIYAPPA AGED ABOUT 52 YEARS, R/A BYRANAHALLI VILLAGE, MALUR TALUK, KOLAR DISTRICT-563130 …PETITIONER (BY SRI. GIREESHA KODGI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. DEPUTY COMMISSIONER, BEERASANDRA, BENGALURU RURAL DISTRICT, DEVANAHALLI TALUK-572114. 3. ASSISTANT COMMISSIONER, DODDABALLAPURA SUB DIVISION, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-561203. 4. TAHASILDAR, TALUK OFFICE, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31161 WP No. 20625 of 2025 HOSKOTE TALUK, BENGALURU RURAL DISTRICT-562114. 5. THE COMMITTEE FOR REGULARISATION OF UNAUTHORIZED OCCUPATION, HOSKOTE TALUK, REP. BY TAHASILDAR, BENGALURU RURAL DISTRICT-562114 …RESPONDENTS (BY SMT. B.P.RADHA., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.4 AND 5 TO CONSIDER THE APPLICATION OF THE PETITIONER AND GRANT THE LAND IN SY.NO.40 TO AN EXTENT OF 3.00 ACRES, SITUTATED IN KALAPPANAHALLI VILLAGE, NANDAGUDI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT 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 accepts notice for all the respondents. 2. The grievance of the petitioner is that his application filed in Form No.53 seeking regularization of unauthorised occupation of 3.00 Acres of land in Survey No.40 of Kalappanahalli Village, Nandagudi Hobli, - 3 - HC-KAR NC: 2025:KHC:31161 WP No. 20625 of 2025 Hosakote Taluk, Bengaluru Rural District, in the year 1998, 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 interfere with the peaceful possession and enjoyment of the petition schedule property. 3. Having regard to the contentions raised in the writ petition and submission of the learned Counsel for the petitioner, this Court is of the considered opinion that respondent No.4-Tahsildar was duty bound to place the application filed by the petitioner before respondent No.5, ‘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 by the respondent authorities, the respondents cannot evict the petitioner without consideration of the application of the petitioner. - 4 - HC-KAR NC: 2025:KHC:31161 WP No. 20625 of 2025 4. Consequently, the writ petition stands disposed of with a specific direction to respondent No.4-Tahsildar, Hosakote Taluk to verify from the records as to whether such an application filed by the petitioner in the year 1998, is pending consideration. If it is found that such an application was indeed filed by the petitioner and the application is yet to be considered, the respondent- Tahsildar is directed to place before respondent No.5- Committee, the application along with his recommendation within a period of two months from the date of receipt of a copy of this order. Thereafter, respondent No.5- 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 petition schedule property shall not be disturbed. - 5 - HC-KAR NC: 2025:KHC:31161 WP No. 20625 of 2025 Ordered accordingly. 6. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT: JL