Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:32359 WP No. 25399 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 25399 OF 2025 (KLR-RES)
BETWEEN:
SMT JAYAMMA C/O LAKSHMANA AGED ABOUT 60 YEARS R/A NO.43, DODDABALLAPURA TALUK CHIKKAMANKANALA, KOLIGERE BANGALORE RURAL-561204
…PETITIONER (BY SMT. SANGEETHA M MANJUNATH., ADVOCATE FOR SRI. ABHISHEK K., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU-560001 KARNATAKA REP. BY ITS PRINCIPAL SECRETARY
2.
THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION DODDABALLAPURA
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:32359 WP No. 25399 of 2025
BENGALURU RURAL DISTRICT KARNATAKA-561203
3.
REGULARISATION OF UNAUTHORISED CULTIVATION DODDABALLAPURA TALUK DODDABALLAPURA-561203 REP. BY ITS SECRETARY/TAHSILDAR
4.
THE TAHSILDAR DODDABALLAPURA TALUK DODDABALLAPURA BENGALURU RURAL DISTRICT-561203 …RESPONDENTS (BY SRI.MOHAMMAD JAFFAR SHAH., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT DIRECTING RESPONDENT NO.4 TO PLACE THE PETITIONERS APPLICATION VIDE ANNX-B FILED IN FORM NO.53 BEFORE RESPONDENT NO.3 COMMITTEE AND ISSUE SAGUVALI CHIT PURSUANT TO THE DECISION OF THE COMMITTEE BY CONSIDERING THE REPRESENTATION DATED 14.10.2025 (ANNEXURE-E).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:32359 WP No. 25399 of 2025
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.53 seeking regularization of unauthorised occupation of 2 acres of land in Survey No.5 of Kadathippenahalli Village, Doddabelvangala Hobli, Doddaballapura Taluk, on 26.11.1998, has not been considered till date. Therefore, the prayer in the petition is to direct the respondents to consider the said application at Annexure-B.
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-Tahsildar was duty bound to place the application filed by the petitioner before respondent- ‘Committee for Regularization of Unauthorized Occupation’ and the Committee was also duty bound to consider the
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HC-KAR NC: 2025:KHC:32359 WP No. 25399 of 2025
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.
4. Consequently, the writ petition stands disposed of with a specific direction to respondent-Tahsildar, Doddaballapura Taluk, to verify from the records as to whether such an application filed by the petitioner 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- 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-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. Ordered accordingly.
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HC-KAR NC: 2025:KHC:32359 WP No. 25399 of 2025
5. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.
Sd/- (R DEVDAS) JUDGE
KLY CT: JL