- 1 - HC-KAR NC: 2025:KHC:47642 WP No. 27544 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 27544 OF 2025 (GM-RES) BETWEEN: SRI. CHINNASWAMY S/O LATE DEVARAJE GOWDA AGED ABOUT 50 YEARS, R/AT BEEJAGHATTA VILLAGE, MALLIPATNA HOBLI, ARKALGUD TALUK HASSAN DISTRICT, KARNATAKA - 573 102. …PETITIONER (BY SRI. RANGA SWAMY B, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S BUILDING, BENGALURU - 560 001 REP. BY ITS SECRETARY. 2. THASILDAR ARKALGUD TALUK HASSAN DISTRICT - 573 214. 3. ASSISTANT GENERAL MANAGER ENGINEERING DIVISION, BSNL HASSAN - 573 214. …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA FOR R1 AND R2; VIDE ORDER DATED 19.11.2025, NOTICE TO R3 DISPENSED WITH) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47642 WP No. 27544 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTTUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 TO NOT TO ISSUE PERMISSION TO RESPONDENT NO.3 FOR ERECTING THE BSNL TOWER OVER THE AGRICULTURE LAND BEARING SURVEY NO.106, MEASURING 1 ACRE 6 GUNTAS, SITUATED AT BEEJAGHATA VILLAGE, MALLIPATNA HOBLI, ARKALGUD TALUK, HASSAN DISTRICT BELONGING TO PETITIONER, UNTIL DISPOSAL OF APPLICATION FOR GRANT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondents No.1 and 2. 2. Notice to respondent No.3 is dispensed with in view of the proposed order to be passed. 3. The petitioner is before this Court seeking for the following reliefs: "a) Issue a writ of mandamus directing the respondents No.2 to not to issue permission to respondent No.3 for erecting the BSNL Tower over the agriculture land bearing Survey No.106, measuring 1 acre 6 guntas, - 3 - HC-KAR NC: 2025:KHC:47642 WP No. 27544 of 2025 situated at Beejaghata Village, Mallipatna Hobli, Arkalgud Taluk, Hassan District belonging to petitioner, until disposal of application for grant. b) Pass such other order as this Hon'ble Court may deem fit in the interest of justice and equity." 4. The petitioner claims to be a displaced person from the Hemavathi Reservoir Project, Gorur, Hassan District and has been in occupation of the land in Sy.No.106 of Beejaghata Village, Mallipatna Hobli, Arkalgud Taluk, Hassan District and has been cultivating the same for over a period of 30 years. The petitioner made an application for regularization of his unauthorized possession and grant of the said land, which is pending consideration before the authorities. While the said application was pending, the Tahsildar has earmarked, an extent of 2 guntas in the said land for construction of a telecom tower. The petitioner is before this Court contending that an application of the petitioner being pending, no allotment could have been made to respondent No.3 for construction of a telecom tower. - 4 - HC-KAR NC: 2025:KHC:47642 WP No. 27544 of 2025 5. I am unable to accept the said submission of the learned counsel for the petitioner inasmuch as the petitioner's application for regularization of unauthorized occupation is still pending and there is no grant made to the petitioner for the petitioner to claim any right over the said property. The land continuing to be Government land, the Tahsildar has earmarked a portion of 2 guntas for the construction of a telecom tower by BSNL in furtherance of the Indian Telegraph Act, 1885, ('the Act' for short) which the said Tahsildar has powers under Section 10 of the Act, thereof. 6. No infirmity being found in the actions of Tahsildar, the petition stands dismissed. SD/- (SURAJ GOVINDARAJ) JUDGE JY List No.: 1 Sl No.: 16