- 1 - HC-KAR NC: 2025:KHC-D:13716 WP No. 105778 of 2020 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105778 OF 2020 (KLR-RES) BETWEEN: 1. V.G. SOMASHEKHAR S/O LATE CHIDANDAPPA, AGE: 37 YEARS, OCC: GOVT. SERVANT, R/O: WARD NO.7, RAGHAVENDRA COLONY, KUDUTINI-583 115, TQ: AND DIST: BALLARI. 2. G. STYANARAYAN S/O LATE CHIDANDAPPA, AGE: 44 YEARS, OCC: AGRI., COOLIE, R/O: WARD NO.7, NEAR KAREMMA TEMPLE, RAGHAVENDRA COLONY, KUDUTINI-583 115, TQ: AND DIST: BALLARI. 3. RAM S/O LATE SHEENAPPA, AGE: 44 YEARS, OCC: AGRI., COOLIE, R/O: INDIRA NAGAR, HOSPET ROAD, KUDUTINI-583 115, TQ: AND DIST: BALLARI. 4. VENKATESH S/O LATE RAMAPPA, AGE: 44 YEARS, OCC: AGRI., COOLIE, R/O: WARD NO.2, KUMBAR STREET, BHAJANA MANDIR, KUDUTINI-583 115, TQ: AND DIST: BALLARI. 5. HANAMANTAYYA S/O LATE RAMAPPA, AGE: 27 YEARS, OCC: AGRI., COOLIE, R/O: WARD NO.2, KUMBAR STREET, BHAJANA MANDIR, KUDUTINI-583 115, TQ: AND DIST: BALLARI. 6. G. YANKAMMA S/O TIMMAPPA, AGE: 39 YEARS, OCC: AGRI., COOLIE, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:11 +0100 - 2 - HC-KAR NC: 2025:KHC-D:13716 WP No. 105778 of 2020 R/O: INDIRA NAGAR (HOSUR), NEAR PANDURANGA TEMPLE, KUDUTINI-583 115, TQ: AND DIST: BALLARI. … PETITIONERS (BY SRI. DINESH M. KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, R/BY ITS SECRETARY, M.S. BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, BALLARI DISTRICT. 3. THE ASSISTANT COMMISSIONER, BALLARI. 4. THE TAHASILDAR, TQ: AND DIST: BALLARI. 5. THE PATTAN PANCHAYAT, KUDUTINI, R/BY ITS CHIEF OFFICER, TQ: AND DIST: BALLARI. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R4; SRI. B. SHARANABASAWA, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH ORDER NO.PÀA/¨sÀÆ«Ä/45/2019-20 DATED 12.10.2019 PASSED BY THE RESPONDENT NO.2, VIDE ANNEXURE-T AS NULL AND VOID AND TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 TO 4 TO CONSIDER FORM NO.57 FILED BY THE PETITIONERS IN RESPECT OF LAND R.SY.NO.327 B/1 VIDE ANNEXURES-D TO D5 AND PASS APPROPRIATE ORDERS. - 3 - HC-KAR NC: 2025:KHC-D:13716 WP No. 105778 of 2020 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners, the learned Government Advocate appearing for respondents No.1 to 4 and learned counsel appearing for respondent No.5. 2. This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioners assailing the order dated 12.10.2019 marked at Annexure-T. 3. In terms of the said order, the Deputy Commissioner has transferred the property bearing Survey No.327/B/1, measuring 9.88 acres, situated in Kudutini village, Ballari district. The petitioners’ grievance is that they have filed Form No.57 seeking regularisation of their unauthorised occupation in the said land. To support their claim that the applications are still pending, the learned counsel for the petitioners refers to Annexure-J, a letter addressed by the Tahsildar, which evidences the fact that the applications are pending consideration. - 4 - HC-KAR NC: 2025:KHC-D:13716 WP No. 105778 of 2020 4. Thus, it is urged that unless those applications are disposed of in accordance with law, the land cannot be granted, as a right is created under Section 94-A of the Karnataka Land Revenue Act, 19641 r/w Rule 108-CCC of the Karnataka Land Revenue Rules, 19662. 5. Learned Government Advocate would submit that the Deputy Commissioner, based on the reports of the Tahsildar and the Assistant Commissioner, has noticed that there is no unauthorised encroachment and has accordingly taken the decision to transfer the land. The Government Advocate therefore defends the impugned order. 6. Learned counsel for respondent No.5 would also submit that the encroachment is not established. The reports of the Assistant Commissioner and Tahsildar are taken into consideration by the Deputy Commissioner to pass the order. Thus would urge to dismiss the writ petition. 1 Hereinafter referred to as the ‘Act’ 2 Hereinafter referred to as the ‘Rules’ - 5 - HC-KAR NC: 2025:KHC-D:13716 WP No. 105778 of 2020 7. This Court has considered contentions raised at the Bar and has perused the records. 8. Annexure-J is the letter addressed by the Tahsildar in June-2019, wherein he refers to the petitioners’ application under Form No.57 as pending consideration. There are no records placed before this Court to indicate that the said applications have been considered and disposed of by the Competent Committee, as contemplated under Section 94-A of the Act r/w Rule 108-CCC of the Rules. 9. Under these circumstances, the petitioners have made out a case. Accordingly, the impugned order is liable to be set aside. 10. The petitioners’ applications under Form No.57 have to be considered by the Competent Committee in accordance with law. 11. If the applications are rejected on the premise that they are not in unauthorised occupation of the land or otherwise they are not eligible, then the Deputy Commissioner - 6 - HC-KAR NC: 2025:KHC-D:13716 WP No. 105778 of 2020 can take further action to transfer the land to respondent No.5. 12. However, if the petitioners are found to be eligible for regularisation of land as per their claim made under Form No.57, then the necessary consequences as contemplated under law shall follow. 13. It is made clear that this court has not expressed anything on the claim of the petitioners. It is also made clear that the Committee constituted under Section 94-A of the Act, r/w Rule 108-CCC of the Rules, has to consider the claim based on the materials placed before it and not based on the observations made by the Deputy Commissioner in the order at Annexure-T. 14. Hence, the following: ORDER a) The writ petition is allowed. - 7 - HC-KAR NC: 2025:KHC-D:13716 WP No. 105778 of 2020 b) The order dated 12.10.2019 issued by the office of the Deputy Commissioner, Bellary, marked at Annexure-T, is quashed. c) The Committee shall dispose of pending applications by following the procedures contemplated under Section 94-A of the Act r/w Rule 108-CCC of the Rules, within 3 months from the date of receipt of copy of this order. d) If any structures are there in the petitioners’ properties, the same shall not be disturbed till the disposal of the applications by the Committee and the nature of properties shall not be changed till the disposal of the applications. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 32