- 1 - HC-KAR NC: 2025:KHC:38961 WP No. 29243 of 2025 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. 29243 OF 2025 (KLR-RES) BETWEEN: KUMAR A S/O EKAMBARAM, AGED ABOUT 45 YEARS, R/AT REDDY CAMP, SOGANE, SOGANE POST, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577 222. …PETITIONER (BY SRI. CHANDRAKANTH R. PATEL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, BANGALORE - 560 001 BY ITS SECRETARY. 2. DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 201. 3. ASSISTANT COMMISSIONER SHIVAMOGGA SUB DIVISION, SHIVAMOGGA - 577 201. 4. TAHASILDAR SHIVAMOGGA TALUK, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38961 WP No. 29243 of 2025 SHIVAMOGGA - 577 201. 5. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORISED OCCUPATION SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577 201, BY ITS SECRETARY TAHASILDAR. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) A WRIT IN THE NATURE OF MANDAMUS OR NAY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT NO.4 TAHASHILDAR TO PLACE THE APPLICATION OF THE PETITIONER BEFORE THE RESPONDENT NO.5 COMMITTEE FOR CONSIDERATION OF REGULARIZATION OF PETITIONER UNAUTHORIZED CULTIVATION IN SY NO. 120 OF SOGANE VILLAGE, SHIVAMOGGA TALUK AND DISTRICT AND DIRECT THE RESPONDENT NO.5 TO IMMEDIATELY CONSIDER THE APPLICATION OF THE PETITIONER FOR REGULARIZATION IN ANNX-A AND TO ISSUE SAGUVALI CHIT TO THE PETITIONER 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 accepts notice for all the respondents. 2. The grievance of the petitioner is that his application filed in Form No.50 seeking regularization of - 3 - HC-KAR NC: 2025:KHC:38961 WP No. 29243 of 2025 unauthorised occupation of 3 acres of land in Survey No.120 of Soganu Village, Shivamogga Taluk and District on 10.07.1991, 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. 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 - HC-KAR NC: 2025:KHC:38961 WP No. 29243 of 2025 4. Consequently, the writ petition stands disposed of with a specific direction to respondent-Tahsildar, Shivamogga Taluk, to verify from the records as to whether such applications filed by the petitioner in the year 1991, 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 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. - 5 - HC-KAR NC: 2025:KHC:38961 WP No. 29243 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 rv List No.: 1 Sl No.: 29