Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39191 WP No. 29137 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 29137 OF 2025 (KLR-RES) BETWEEN:
SMT. KUSUMA W/O JAKKASHETTY AGE ABOUT 54 YEARS R/A 2, MATTANAVILE VILLAGE CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116. …PETITIONER (BY SRI. GANGADHARAIAH A.N, ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRSENTED BY ITS SECRETARY REVENUE DEPARTMENT MS BUILDING, BANGALORE - 560 001.
2.
THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN - 573 209
3.
THE THAHASILDAR CHANARAYAPATNA TALUK HASSAN DISTRICT - 573 209. …RESPONDENTS (BY SRI. MANJUNATHA K, HCGP)
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:39191 WP No. 29137 of 2025
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 3 TO CONSIDER THE APPLICATION OF THE PETITIONER SEEKING REGULARIZATION OF THE LAND IN SY.NO. 133/1 OF MATTANAVILE VILLAGE, SHRAVANABELAGOLA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT MEASURING AN EXTENT OF 20 GUNTAS VIDE ANNX-E DTD. 20.07.2022 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 High Court Government Pleader accepts notice for all the respondents.
2. The grievance of the petitioner is that his application filed in Form No.57 dated 20.07.2022 seeking regularization of unauthorised occupation of 20 guntas of land in Survey No.133/1 of Mattanavile Village, Shravanabelagola Hobli, Channarayapatana Taluk, Hassan District, has not been considered till date. 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.
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HC-KAR NC: 2025:KHC:39191 WP No. 29137 of 2025
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-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 by the respondent authorities, the respondents cannot evict the petitioner without
consideration of the application of the petitioner.
4. Consequently, the writ petition stands disposed of with a specific direction to respondent-Tahsildar, Channarayapatna Taluk, to verify from the records as to whether such application filed by the petitioner in the year 2022, 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-
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HC-KAR NC: 2025:KHC:39191 WP No. 29137 of 2025
Tahsildar is directed to place before the 'Committee for Regularization of Unauthorized 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, respondent-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. Ordered accordingly.
6. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today.
Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 35