Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31649 WP No. 10713 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 10713 OF 2025 (KLR-RES) BETWEEN:
SRI. BYATTAPPA H, S/O LATE HANUMANARASAIAH AGED ABOUT 80 YEARS THIMMAPPANA PALYA BIDADI HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT - 562 159. …PETITIONER (BY SRI. MADHUKAR NADIG, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REP BY IT'S SECRETARY TO GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDA, BENGALURU - 560 001.
2.
THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION OF LAND THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA - 562 159.
3.
THE ASSISTANT COMMISSIONER RAMANAGARA SUB- DIVISION, RAMANAGARA - 562 159.
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:31649 WP No. 10713 of 2025
4. TAHASILDAR RAMANAGARA TALUK RAMANAGARA - 562 159. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS TO THE RESPONDENT TO CONSIDER THE REGULARIZATION OF UNAUTHORIZED CULTIVATION OF LAND IN SY NO. 68 BANNEKUPPE VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK, TO AN EXTENT OF 2-20 ACRE OF LAND BY CONSIDERING THE FORM NO. 5 FILED ON 22.06.1991 UNDER SECTION 108-C OF THE KARNATAKA LAND REVENUE RULES 1966, AND PASS APPROPRIATE ORDERS (ANNEXURE-B) 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 the application filed in Form No.5 seeking regularization of unauthorised occupation of 2 acres 20 guntas of land in
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HC-KAR NC: 2025:KHC:31649 WP No. 10713 of 2025
Survey No.68 of Bannekuppe Village, Bidadi Hobli, Ramanagara Taluk, on 22.06.1991, has not been considered till date. Therefore, 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 No.4-Tahsildar was duty bound to place the application filed by the petitioner before respondent No.2, ‘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.
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HC-KAR NC: 2025:KHC:31649 WP No. 10713 of 2025
4. Consequently, the writ petition stands disposed of with a specific direction to respondent No.4-Tahsildar, Ramanagara Taluk, to verify from the records as to whether such an application 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 respondent No.2- Committee, the application along with his recommendation within a period of two months from the date of receipt of a copy of this order. Thereafter, respondent No.2- 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.
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HC-KAR NC: 2025:KHC:31649 WP No. 10713 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.: 20 CT: BHK