- 1 - HC-KAR NC: 2025:KHC:34164 WP No. 26224 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 26224 OF 2025 (KLR-RES) BETWEEN: SRI SHRIDHAR V R AGED 47 YEARS, S/O RAJAPPA GOWDA, R/AT HOSANAGARA, VASAVE HOSANAGARA SHIMOGGA-577418 …PETITIONER (BY SRI. GANAPATHI BHAT., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA, AMBEKDAR VEEDI BANGALORE-560001. 2. THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577201. 3. THE ASSISTANT COMMISSIONER, SAGARA SUB-DIVISION, SAGARA TALUK SHIVAMOGGA DISTRICT-577201. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34164 WP No. 26224 of 2025 4. TAHSILDAR, HOSANAGARA TALUK, SHIVAMOGGA-577201. 5. COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION HOSANAGARA TALUK REP. BY ITS SECRETARY SHIVAMOGGA-577201 …RESPONDENTS (BY SRI.V.SESHU., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 10.04.2002 PASSED BY THE AKRAMA SAKRAMA COMMITTEE, HOSANAGARA/RESPONDENT NO.5 IN PROCEEDINGS NO. 277/2001-02 VIDE ANNEXURE-C, REJECTING FORM 53 FOR REGULARISATION OF UNAUTHORISED OCCUPATION OF 5 ACRES OF LAND IN SURVEY NO.17 VASAVE VILLAGE OF HOSA NAGARA TALUKA, SHIVAMOGA DISTRICT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for all the respondents. - 3 - HC-KAR NC: 2025:KHC:34164 WP No. 26224 of 2025 2. Learned Senior Counsel Sri P.P. Hegde appearing for the petitioner submits while pointing out Annexure ‘C’, a resolution said to have been passed by the Committee for regularization of unauthorised occupation on 10.04.2002, that insofar as applicants in Sy. No.17 are concerned, there are six applicants and all the six applications have been rejected either on the ground that they are holding excess lands or that they are not in possession of the property claimed. 3. Learned Senior Counsel submits that this decision of the Committee was never brought to the notice of the petitioner. Moreover, the mahazar prepared by the Surveyor on 25.10.2024 shows the occupation of the lands at the hands of all the applicants, which would support the contention of the petitioner that none of them were informed of the orders passed by the Committee and all of them continue to be in possession. - 4 - HC-KAR NC: 2025:KHC:34164 WP No. 26224 of 2025 4. Learned Senior Counsel would also submit that no specific information is available in the said order at Annexure ‘C’ to say what is the excess land held by the petitioner. The Assistant Commissioner has placed the onus on the petitioner to saying that the petitioner did not furnish any information to say that he was not holding excess lands. In fact, the petitioner is holding only 28 guntas of land, as can be seen at Annexure ‘L’. 5. Learned Senior Counsel would also submit that this Court in several judgments including the case of Sri Chandrahasa Rai and Others Vs. The Assistant Commissioner and others reported in 2013 SCC OnLine Kar 2479 has held that the holding of the other family members cannot be countenanced for the purpose of considering an application filed under Section 94-A of the Karnataka Land Revenue Act. 6. Learned HCGP submits that the matter may be remitted back to the Committee for reconsideration. - 5 - HC-KAR NC: 2025:KHC:34164 WP No. 26224 of 2025 7. Having regard to the material placed before this Court and the submissions made by the learned Senior Counsel appearing for the petitioner, this Court is of the considered opinion that the order passed by the Committee for regularization of unauthorised occupation at Annexure ‘C’ cannot be sustained. 8. The writ petition is accordingly allowed while setting aside the Resolution passed by the Committee at Annexure ‘C’ dated 10.04.2002, in so far as the petitioner is concerned. The consequential orders passed by the Tahsildar, Assistant Commissioner and the Deputy Commissioner at Annexures ‘G’, ‘F’ and ‘K’ respectively are also quashed set aside. 9. The Committee for regularization of unauthorised occupation shall reconsider the matter and if need be permit the petitioner to place information regarding the extent of holding of the petitioner and his family members, to enable the Committee to take a decision having regard - 6 - HC-KAR NC: 2025:KHC:34164 WP No. 26224 of 2025 to the judgments laid down by this Court including Sri Chandrahasa Rai (supra). Till a decision is taken by the Committee, the possession of the petitioner insofar as the lands in question are concerned shall not be disturbed. Learned HCGP is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE JT/- CT:JL