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2025 DAILYLAW 64949 (KAR)

K NAGARAJ S/O K NAGAPPA v. STATE OF KARNATAKA

WP/103686/2024 · 2025-11-06

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:15196 WP No. 103686 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.103686 OF 2024 (KLR-RES) BETWEEN: K. NAGARAJ S/O K. NAGAPPA, AGED ABOUT 82 YEARS, R/A: DOOR NO.73, WARD NO.4, GUGGATAHATTI, BALLARI-583 101. … PETITIONER (BY SRI. N.P. VIVEKMEHTA, ADVOCATE) AND: 1. STATE OF KARNATAKA, THROUGH ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. TAHSILDAR, OFFICE OF THE TAHSILDAR, BALLARI TALUK, BALLARI-583 101. 3. THE LAND GRANT COMMITTEE, BALLARI, BALLARI, R/BY ITS SECRETARY. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE ENDORSEMENT DATED Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15196 WP No. 103686 of 2024 10-01-2024 GIVEN BY RESPONDENT NO.2 BEARING San:Kum/Bhoomi/358/2023-24 VIDE ANNEXURE-B. 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) 1. Heard the learned counsel appearing for the petitioner and learned Additional Government Advocate appearing for the respondents-State. 2. The petitioner has questioned the endorsement dated 10.01.2024, issued by Tahasildar, Ballari. The petitioner's grievance is that he has filed Form-53 seeking regularisation of his unauthorised occupation of Government land. The Tahasildar, Ballari has rejected the application on the premise that the petitioner is ineligible for grant as the property was originally an Inam land and it is within the prohibited zone for regularisation of unauthorised occupation of land. 3. Learned counsel for the petitioner would invite the attention of the Court to Rule 108C (2) of the Karnataka Land Revenue Rules, 1966. - 3 - HC-KAR NC: 2025:KHC-D:15196 WP No. 103686 of 2024 4. It is noticed that the Rule does not enable the Tahasildar to reject the application. The Tahasildar, if he finds that the applicant is ineligible, should forward the same to the Deputy Commissioner and Deputy Commissioner has to pass orders. Hence, to that extent, the endorsement is incorrect. 5. The Tahasildar shall immediately forward his recommendation to the Deputy Commissioner as contemplated under Rule 108-C of the Karnataka Land Revenue Rules, 1966. Thereafter, the Deputy Commissioner shall pass appropriate orders on the recommendations made by the Tahasildar. 6. With these observations, the writ petition is disposed of. 7. It is made clear that this Court has not expressed anything on the merits of the claim. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 1