- 1 - HC-KAR NC: 2025:KHC:37782 WP No. 26682 of 2025 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. 26682 OF 2025 (KLR-RES) BETWEEN: 1. SMT. LAKSHMI KOTYAN W/O MANOJ KOTYAN, D/O KRISHNAPPA KUNDAR, AGED ABOUT 51 YEARS, R/AT NO.6-17, LAXMI NIVAS BEACH ROAD, THOTTAM POST, MALPE, UDUPI 576 108 …PETITIONER (BY SRI. GOVINDARAJU FOR SRI. JAYANTHA POOJARY.,ADVOCATES) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDINGS, BANGALORE - 560001 2. THE DEPUTY COMMISSIONER AND PRESIDENT DISTRICT TOURISM DEVELOPMENT AUTHORITY, RAJATHADRI, MANIPAL UDUPI DISTRICT- 576 104, 3. THE ASSISTANT DIRECTOR, DEPARTMENT OF TOURISM AND SECRETARY, DISTRICT TOURISM DEVELOPMENT AUTHORITY, "A" BLOCK, 2ND FLOOR, RAJATHADRI, MANIPAL Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37782 WP No. 26682 of 2025 UDUPI DISTRICT- 576 104, 4. THE TAHSILDAR, UDUPI TALUK, UDuPI DISTRICT - 576 104 …RESPONDENTS (BY SRI V.SESHU, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITTUION OF INDIA, PRAYING TO A WRIT IN THE NATURE OF MANDAMUS(1) DIRECTING THE 4 (N) RESPONDENT TO RECOGNISE AND CONSIDER THE CLAIM MADE BY THE PETITIONER IN FORM NO. 1A IN RESPECT OF HIS UNAUTHORISED OCCUPATION OF THE RESIDENTIAL HOUSE AND ISSUE OCCUPATION CERTIFICATE IN RESPECT OF LAND MEASURING 0.15 CENTS AND RESIDENTIAL BUILDING CONSTRUCTION MEASURING 1000 SQ. FEET IN SURVEY NO. 305/8 OF KODAVOOR VILLAGE, UDUPI TALUK, UUDPI DISTRICT AS PER (ANNEXURE-A) FOR THE PURPOSE OF GRANTING THE SAME IN TERMS OF THE PROVISIONS CONTAINED UNDER SECTION 94CC OF THE KARNATAKA LAND REVENUE ACT 1964 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:37782 WP No. 26682 of 2025 2. Although the grievance of the petitioner is two fold, that her application in Form No.1A on 06.05.2016 seeking regularization of unauthorized occupation of 0.15 cents of land in Sy.No.305/8, situated at Kodavoor Village, Udupi Taluk and District, is yet to be considered and on the other hand, the third respondent-Assistant Director of Department of Tourism has issued the impugned notices at Annexures - F, G and H calling upon the petitioner to pay ground rent. 3. Learned High Court Government Pleader submits that insofar as the application filed by the petitioner in Form No.1A is concerned, it would fall within the purview of the Karnataka Land Revenue Act, 1964 and therefore, the same can be directed to be considered by the Committee for regularization of unauthorized occupation. However, in respect of the notices issued by the third respondent, learned HCGP submits that the petitioner may redress her grievance in accordance with law by raising a challenge to the said notices separately. - 4 - HC-KAR NC: 2025:KHC:37782 WP No. 26682 of 2025 4. Learned counsel for the petitioner accepts the submission made by the learned High Court Government Pleader. 5. Accordingly, writ petition is disposed of with a direction to the fourth respondent - Tahsildar, Udupi taluk to place the application filed by the petitioner at Annexure- A before the Committee for regularization of unauthorized occupation along with his recommendation within a period of four weeks from the date of receipt of copy of this order. The committee shall thereafter consider the same and pass necessary orders as expeditiously at any rate, within a period of two months form the date on which the application is placed before the Committee. 6. Liberty is reserved to the petitioner to raise a challenge to the notices issued by the third respondent in accordance with law. - 5 - HC-KAR NC: 2025:KHC:37782 WP No. 26682 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 Bsv List No.: 1 Sl No.: 8