Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:37545 WP No. 24796 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 24796 OF 2025 (KLR-REG) BETWEEN:
SRI SHIVAGANGAMMA W/O EKANTAPPA AGED ABOUT 30 YEARS, RESIDENT OF JULAIAH HATTI VILLAGE, J G HALLI HOBLI, HIRIYURU TALUK, CHITRADURGA DISTRICT-572143. …PETITIONER (BY SMT. RATHNAMMA E.,ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, MULTI STORIED BUILDING, BENGALURU-560001.
2.
DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA-577501.
3. TAHSILDAR, HIRIYURU TALUK, HIRIYURU, CHITRADURGA DISTRICT-572143. Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:37545 WP No. 24796 of 2025
4.
COMMITTEE FOR REGULARISATION OF UNAUTHORISED OCCUPATION, REP BY SECRETARY AND TAHSILDAR, HIRIYURU TALUK, CHITRADURGA DISTRICT-572143. …RESPONDENTS (BY SRI. V. SESHU, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-A) WRIT OF MANDAMUS DIRECTING RESPONDENTS TO CONSIDER THE APPLICATION FILED BY THE PETITIONER FOR REGULARISATION AND TAKE DECISION IN SO FAR AS IT RELATES TO 4 ACRES OF LAND NO. 10 SY. LAYARADASARAHALLI VILLAGE, JAVANAGONDANAHALLI HOBLI, HIRLYURU TALUK, CHITRADURGA DISTRICT IS CONCERNED AS PER THE DETAILS SHOWN IN THE FROM NO 57 COPY OF WHICH IS PRODUCED AS ANNEXURE-A DATED 06.08.2022 IN THE LIGHT OF THE GOVERNMENT ORDER BEARING NO.RD 59 LGP 2000 BANGALORE DATED 22/2/2003 AND UNIQUE QUE NO. RD.11 SVEE AND RAA 2003 DATED 22/2/2003 COPY OF WHICH IS PRODUCED AT ANNEXURE-B AND PASS ORDER FOR REGULARISATION OF UNAUTHORISED OCCUPATION OF THE PETITIONER AS PER THE REPRESENTATION DATED 10/03/2025 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.
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HC-KAR NC: 2025:KHC:37545 WP No. 24796 of 2025
2. It is the contention of the petitioner that the petitioner has filed an application in Form No.57 on 06.08.2022 seeking regularization of unauthorized occupation of 04 acres of land in Sy.No.10 of Layaradasarahalli 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.
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HC-KAR NC: 2025:KHC:37545 WP No. 24796 of 2025
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 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 her.
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.
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HC-KAR NC: 2025:KHC:37545 WP No. 24796 of 2025
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 four weeks from the date of receipt of a copy of this
order.
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.
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HC-KAR NC: 2025:KHC:37545 WP No. 24796 of 2025 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.: 2