- 1 - HC-KAR NC: 2025:KHC:37791 WP No. 23375 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 23375 OF 2024 (KLR-RES) BETWEEN: 1. SRI. U. SHEENA POOJARY, S/O LATE POOVA POOJARY AGED ABOUT 69 YEARS MUTTIKALLU HOUSE KOLALAGIRI POST UPPOOR VILLAGE BRAHMAVARA TALUK UDUPI DISTRICT …PETITIONER (BY SRI. MAHANTESH T S.,ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT M S BUILDING DR B R AMBEDKAR ROAD BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY 2. THE SPECIAL TAHASILDAR BRAHMAVARA TALUK BRAHMAVARA UDUPI DISTRICT - 576 104 3. THE TAHASILDAR BRAMHAVARA TALUK UDUPI DISTRICT- 576 104 4. THE ASSISTANT COMMISSIONER Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37791 WP No. 23375 of 2024 KUNDAPURA SUB DIVISION KUNDAPURA UDUPI DISTRICT - 576 104 5. THE DEPUTY COMMISSIONER UDUPI DISTRICT RAJATHADRI MANIPALA UDUPI - 576104 6. THE SECRETARY THE COMMITTEE FOR REGULARIZING UNAUTHORIZED CULTIVATION BRAHMAVARA TALUK UDUPI DISTRICT …RESPONDENTS (BY SMT. B.P.RADHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTUION OF INDIA, PRAYING TO DIRECT THE R-2 AND 3 TO ISSUE GRANT CERTIFICATE IN FAVOUR OF THE PETITIONER IN RESPECT OF 1 ACRE 70 CENTS OF LAND IN SY.NO. 221/1P1P1 OF UPPOOR VILLAGE, BRAMHAVARA TALUK, UDUDPI DISTRICT PURSUANCE OF THE DECISION TAKEN BY THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION DTD. 10.10.2020.ISSUE GRANT CERTIFICATE TO THE PETITIONER AS ISSUED TO OTHER APPLICANTS IN SY.NO. 221 OF UPPOOR VILLAGE, BRAMHAVARA TALUK, UDUPI AS PER ANNX-K,M, P AND R AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37791 WP No. 23375 of 2024 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. 2. It is the contention of the petitioner that he has filed application in Form No.50 on 14.08.1991. It is contended that the application of the petitioner has not been considered till date. In the meanwhile, the local villagers are also making a request to form a layout under the ‘Ashraya Scheme’ and forms sites and distribute the same to siteless persons. However, the petitioner contend that the lands for which claim has been made by the petitioner by filing Form No.50 should not be considered for the purpose of ‘Ashraya Scheme’. 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.3-Tahsildar was duty bound to place the - 4 - HC-KAR NC: 2025:KHC:37791 WP No. 23375 of 2024 application filed by the petitioner before ‘Committee for Regularization of Unauthorized Occupation’ and the Committee was also duty bound to consider the application and pass necessary orders. 4. Consequently, the writ petition stands disposed of with a specific direction to respondent No.3-Tahsildar, Brahmavara Taluk, to verify from the records as to whether such application is/was filed by the petitioner in 1991 is pending consideration. If it is found that such application was indeed filed by the petitioner and the application is yet to be considered, respondent No.3- Tahsildar is directed to place before Committee, the application along with his recommendation within a period of four weeks from the date of receipt of a copy of this order. Thereafter, 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 - HC-KAR NC: 2025:KHC:37791 WP No. 23375 of 2024 5. Needless to observe that till the application of the petitioner is considered and disposed of, the possession of the petitioner shall not be disturbed by the respondent - authorities. Ordered accordingly. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE Bsv List No.: 1 Sl No.: 1