Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39190 WP No. 29094 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. 29094 OF 2025 (KLR-RES)
BETWEEN:
1.
SRI RAVI @ RAVIKUMAR S/O LATE SHIVEGOWDA AGED ABOUT 52 YEARS
2.
SRI NAGARAJA S/OLATE SHIVEGOWADA AGE ABOUT 60 YEARS
BOTH ARE R/AT MAATTANAVILE VILLAGE SHARAVANABELAGOLA HOBLI CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116. …PETITIONERS (BY SRI. GANGADHARAIAH A.N, ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S. BUILDINGS, BANGALORE - 560 001.
2.
THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN - 573 209.
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:39190 WP No. 29094 of 2025
3.
THE THAHASILDAR CHANNARAYAPATNA TALUK CHANNARAYAPATNA HASSAN DISTRICT - 573 209 …RESPONDENTS (BY SRI. MANJUNATH K, HCGP)
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-F 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 applications filed in Form Nos.50 and 57 seeking regularization of unauthorised occupation of 30 guntas of land in Survey No.133/1 of Mattanavile Village,
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HC-KAR NC: 2025:KHC:39190 WP No. 29094 of 2025
Shravanabelagola Hobli, Channarayapatana Taluk, Hassan District in the years 1999 and 2022, 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 applications filed by the petitioners and their father 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 petitioners without consideration of the applications of the petitioners and the father.
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HC-KAR NC: 2025:KHC:39190 WP No. 29094 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 petitioners and their father in the years 1999 and 2022, is pending
consideration. If it is found that such applications were indeed filed by the petitioners and their father and the applications are yet to be considered, the respondent- Tahsildar is directed to place before the 'Committee for Regularization of Unauthorized Occupation' the applications 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 applications 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 applications of the petitioners are disposed of in terms of the directions issued by this Court, the possession of the petitioners in
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HC-KAR NC: 2025:KHC:39190 WP No. 29094 of 2025
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.: 33 CT: BHK