- 1 - NC: 2025:KHC-D:3203 WP No. 104657 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104657 OF 2024 (KLR-REG) BETWEEN: 1. SHRI. SHANMUKAPPA S/O. DURGAPPA TEREDAHALLI, AGE: 65 YEARS, OCC: AGRICULTURE, 2. SHRI. BASAVARAJ S/O. KARIYAPPA TEREDAHALLI, AGE: 36 YEARS, OCC: AGRICULTURE, 3. SHRI. PARASAPPA S/O. KARIYAPPA TEREDAHALLI, AGE: 38 YEARS, OCC: AGRICULTURE, 4. SHRI. MAHESH S/O. BHARMAPPA TEREDAHALLI, AGE: 30 YEARS, OCC: AGRICULTURE, 5. SHRI. MANJAPPA S/O. BHARMAPPA TEREDAHALLI, AGE: 35 YEARS, OCC: AGRICULTURE, 6. SHRI. HANUMANTHAPPA S/O. DYAMAPPA KARUR, AGE: 35 YEARS, OCC: AGRICULTURE, 7. SHRI. PARAMESHAPPA S/O. DYAMAPPA KARUR, AGE: 44 YEARS, OCC: AGRICULTURE, ABOVE ALL ARE R/O. KERAVADI, TQ: BYADAGI, DIST: HAVERI-581106. …PETITIONERS (BY SRI. NAGARAJ J. APPANNANAVAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, HAVERI, TQ & DIST: HAVERI. ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:3203 WP No. 104657 of 2024 3. THE ASSISTANT COMMISSIONER, HAVERI, TQ & DIST: HAVERI-581110. 4. THE TAHASHILDAR, BYADAI, TQ: BYADGI, DIST: HAVERI-581106. 5. THE CHAIRMAN, COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION, BYADAGI, TQ: BYADGI, DIST: HAVERI-581106. 6. THE ASSISTANT CONSERVATOR OF FOREST, HAVERI SUB DIVISION, TQ & DIST: HAVERI-581110. 7. THE REGIONAL FOREST OFFICER, BYADGI REGION, TQ: BYADGI, DIST: HAVERI-581106. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO 5 TO CONSIDER THE APPLICATION OF THE PETITIONERS FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION OF LAND UNDER THE PROVISION OF RULE 108-CCC OF THE RULE VIDE ANNEXURES-A TO A5 IN SO FOR PETITIONERS ARE CONCERNED; ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.6 AND 7 NOT TO DISPOSSESS THE PETITIONERS FROM THE LAND TILL CONSIDERATION OF THE APPLICATION SUBMITTED BY THE PETITIONERS IN FORM NO.57 AND ETC. THIS PETITION IS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:3203 WP No. 104657 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Government Advocate accepts notice for respondents No.1 to 7. 2. The petitioner is before this Court seeking for following reliefs: “A) Issue a writ of mandamus directing the respondent No. 1 to 5 to consider the application of the petitioners for regularization of unauthorized cultivation of land under the provision of rule 108-CCC of the rule vide Annexures-A to A5 in so for petitioners are concerned. b) Issue a writ of mandamus directing the respondent No. 6 and 7 not to dispossess the petitioners from the land till consideration of the application submitted by the petitioners in Form No. 57.” 3. The grievance of the petitioner is that an application submitted by the petitioner for regularization of their unauthorized construction dated 01.09.2022, has not been considered by the respondents despite lapse of time. Whenever any application is submitted for regularization or otherwise, the State authorities are required to consider the same and either accept or - 4 - NC: 2025:KHC-D:3203 WP No. 104657 of 2024 reject the said application. Needless to say, if the application is rejected, reasons have to follow. Neither having been done, I pass the following: ORDER i) Writ petition is allowed. ii) A mandamus is issued directing respondents No.1 to 5 to consider the applications submitted by the petitioner at Annexures-A to A5 within a period of 30 days from the date of receipt of certified copy of this order. iii) Needless to say, until such orders are passed, the respondents shall not dispossess the petitioner from the subject lands. Sd/- (SURAJ GOVINDARAJ) JUDGE AM List No.: 1 Sl No.: 41