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2025 DAILYLAW 70428 (KAR)

CHITHAPPA v. STATE OF KARNATAKA

WP/12238/2024 · 2025-08-14

R Devdas

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31658 WP No. 12238 of 2024 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. 12238 OF 2024 (KLR-REG) BETWEEN: CHITHAPPA S/O KARIYAPPA @ DODDAKARIYAPPA AGED ABOUT 51 YEARS R/AT GOLLARAHATTI VILLAGE, DANNINA KARAJJANAHATTI, PILALI POST, J.G. HALLI HOBLI, HIRIYURU TALUK CHITRADURGA DISTRICT - 572 143. …PETITIONER (BY SRI. PANKAJA B.C, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, MULTI STORIED BUILDING BENGALURU - 560 001. 2. DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA - 577 501. 3. TAHSILDAR HIRIYURU TALUK, HIRIYURU CHITRADURGA DISTRICT - 572 143. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31658 WP No. 12238 of 2024 4. COMMITTEE FOR REGULARISATION OF UNAUTHORISED OCCUPATION, REPRESENTED BY ITS SECRETARY AND TAHSILDAR, HIRIYURU TALUK, CHITRADURGA DISTRICT - 572 143. …RESPONDENTS (BY SRI. SESHU V, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS DIRECTING RESPONDENTS TO CONSIDER THE APPLICATION FILED BY THE PETITIONER FOR REGULARIZATION AND TAKE DECISION IN SO FAR AS IT RELATES TO 4 ACRES OF LAND IN SY.NO.63 OF PILALI VILLAGE, JAVANAHONDANAHALLI HOBLI, HIRIYURU TALUK, CHITRADURGA DISTRICT IS CONCERNED AS PER THE ENDORSEMENT ISSUED BY R3 DTD 24.12.1998 COPY OF WHICH IS PRODUCE ANNEXURE-A IN THE LIGHT OF THE GOVERNMENT ORDER BEARING NO.RD 59 LGP 2000 BANGALORE DTD 22.02.2003 AND UNIQUE QUE NO.RD.11 SVEE AND RAA 2003 DTD 22.02.2003 COPY OF WHICH IS PRODUCE AT ANNEXURE-B AND PASS ORDER FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION OF THE PETITIONER AS PER THE REPRESENTATION DTD 20.12.23 TRUE COPY OF WHICH IS PRODUCED AS ANNEXURE-C 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. - 3 - HC-KAR NC: 2025:KHC:31658 WP No. 12238 of 2024 2. The petitioner had made an application in Form No.57 seeking regularization of unauthorized occupation of 4 acres of land in Sy.No.63 of Pilali Village, Javanagondanahalli Hobli, Hiriyuru Taluk, Chitradurga District, as per Annexure-A. 3. Learned counsel for the petitioner has drawn the attention of this Court to Annexure 'B' which is a Government Order bearing No.RD-59-LGP-2000, Bangalore dated 22.02.2003 wherein, the State Government has taken a decision that such lands which were reserved as Sendhi Vana, for the purpose of extracting arrack in many of the districts have to be de-reserved and handed over to Revenue Department for further action. It is pointed out from the said Government Order, that in respect of Chitradurga District, an extent of 8817.18 acres of land have been de-reserved from Sendhi Vana and made available to the Revenue Department for further action. 4. Further, the learned counsel has also drawn the attention of this Court to clause-5 of the Government Order wherein, it is clearly stated that the de-reserved lands may be granted to landless persons under the provision for - 4 - HC-KAR NC: 2025:KHC:31658 WP No. 12238 of 2024 regularization of unauthorized occupation to an extent not exceeding 05 acres to each applicant. 5. Learned counsel however submits that it is possible that the petitioner is in occupation of 04 acres of land in terms of the application filed by him. 6. Having regard to the admitted position that the State Government itself issued a Government Order in the year 2003 to regularize unauthorized occupation of such lands in favour of persons who do not have any agricultural lands with them, this Court deems it fit to dispose of the writ petition as under: ORDER 1. The writ petition is allowed in part. 2. The respondent - Tashildar is directed to place the application of the petitioner along with his recommendation taking note of the survey report earlier made available to the Tashildar and place the same before the respondent - Committee for regularization of unauthorized occupation within a period of two months from the date of receipt of a copy of this order. - 5 - HC-KAR NC: 2025:KHC:31658 WP No. 12238 of 2024 3. The Committee shall re-consider the application having regard to the Government order dated 22.02.2003 at Annexure 'B' and pass necessary orders, having regard to the claim made by the petitioner in the application and the verification of the factual aspects, as expeditiously as possible and at any rate within a period of two months from the date when which the application is placed by the Tashildar before the Committee. Ordered accordingly. 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.: 4 CT: BHK