- 1 - HC-KAR NC: 2025:KHC:35082 WP No. 19499 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 19499 OF 2025 (KLR-RES) BETWEEN: SMT. KANTHAMMA, W/O. NARAYANASWAMY V AGED ABOUT 52 YEARS, R/ AT KATAMACHANAHALLI VILLAGE, KASABA HOBLI, KALLAHALLI POST, CHINTAMANAI TALUK, CHIKKABALLAPURA DISTRICT – 563 125. …PETITIONER (BY SRI. G.B. MANJUNATHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE – 560 001. 2. THE THAHSILDAR, CHINTAMANI TALUK, CHINTAMANI - 563 125, CHIKKABALLAPURA DISTRICT. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35082 WP No. 19499 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE NOTICE DATED 02.12.2024 VIDE ITS NO.NCR/CR/54/2024-25 ISSUED BY THE TAHSILDHAR, CHINTAMANI TALUK, CHINTAMANI I.E.,THE 2ND RESPONDENT HEREIN VIDE ANNEXURE-E AS THE SAME IS ILLEGAL AND VOID-AB-INITIO 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 both the respondents. 2. The grievance of the petitioner is that despite her Application filed on 14.09.2021 in Form 3A, under Rule 108Q of the Karnataka Land Revenue Rules, 1966, seeking regularization of unauthorized occupation of a House Site measuring 25 x 26 feet, pending consideration, the 2nd respondent-Tahsildar, Chintamani Taluk has issued the impugned notice at Annexure-E dated 02.12.2024, seeking to evict the petitioner from the property in question. However, the learned High Court Government Pleader submits on instructions that the petitioner has been called - 3 - HC-KAR NC: 2025:KHC:35082 WP No. 19499 of 2025 upon to furnish any information to say why the petitioner should not be evicted from the property in question. 3. Learned Counsel for the petitioner draws the attention of this Court to Annexure-F, which is a reply given by the petitioner to the notice issued by the Tahsildar and submits that the petitioner has brought to the notice of the Tahsildar the Application and its number filed by the petitioner seeking regularization of unauthorised occupation. Further, the attention of this Court is drawn to Section 192-A of the Karnataka Land Revenue Act, and submits that although the provision prescribes criminal action to be initiated against any person for committing any offence specified in column (2) of the Table therein, nevertheless insofar as, offence of unlawfully entering or occupying any government land with the intention of holding that government land, punishment is prescribed, nevertheless, the proviso therein clearly provides that the provision shall not apply to cases where applications are pending consideration for - 4 - HC-KAR NC: 2025:KHC:35082 WP No. 19499 of 2025 regularization before the Committee constituted under Sections 94A, 94B and 94C of the Act. 4. The writ petition is accordingly disposed of, with a direction to the 2nd respondent-Tahsildar, Chintamani Taluk, Chintamani, to verify as to whether the application filed by the petitioner on 14.09.2021, is still pending consideration before the Committee. If on verification it is found that the application is still pending consideration, then the Tahsildar cannot proceed any further to evict the petitioner until the application is considered and necessary orders are passed. 5. Needless to observe that no precipitative action shall be taken against the petitioner till necessary orders are passed by the Tahsildar. Sd/- (R DEVDAS) JUDGE DL