- 1 - HC-KAR NC: 2025:KHC-D:12037 WP No. 103237 of 2023 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103237 OF 2023 (KLR-REG) BETWEEN: 1. SRI. NAGAPPA S/O HANUMANTAPPA GOUNDI, AGE: 45 YEARS, OCCU. AGRICULTURE, R/O. KAYDIGUMPA VILLAGE, TQ. KUSHTAGI -584121, DIST. KOPPAL(SY.NO.12, 2 ACRE). 2. SHANKRAMMA W/O. HANUMANTAPPA VADDAR, AGE: 55 YEARS, OCCU. AGRICULTURE, R/O. KAYDIGUMPA VILLAGE, TQ. KUSHTAGI-584121, DIST. KOPPAL(SY.NO.12, 2 ACRE). 3. NEELAMMA W/O. IRAYYA GAANADALAMATHA, AGE: 45 YEARS, OCCU. AGRICULTURE, R/O. KAYDIGUMPA VILLAGE, TQ. KUSHTAGI-584121, DIST. KOPPAL(SY.NO. 12/31, 4 ACRE) 4. BHARAMAPPA S/O. HULAGAPPA VADDAR, AGE: 55 YEARS, OCCU. AGRICULTURE, R/O. KAYDIGUMPA VILLAGE, TQ. KUSHTAGI-584121, DIST. KOPPAL(SY.NO.12, 2 ACRE). 5. RAMAPPA S/O. BASAPPA TONASINAHAL, AGE: 60 YEARS, OCCU. AGRICULTURE, R/O. KAYDIGUMPA VILLAGE, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12037 WP No. 103237 of 2023 TQ. KUSHTAGI-584121, DIST. KOPPAL(SY.NO.12, 2 ACRE). 6. SHEKHAPPA S/O. HULIGEPPA VADDAR, AGE: 55 YEARS, OCCU. AGRICULTURE, R/O. KAYDIGUMPA VILLAGE, TQ. KUSHTAGI-584121, DIST. KOPPAL(SY.NO.12, 2 ACRE). 7. YAMANAPPA S/O. NAGAPPA ILAGER, AGE: 60 YEARS, OCCU. AGRICULTURE, R/O. KAYDIGUMPA VILLAGE, TQ. KUSHTAGI-584121, DIST. KOPPAL(SY.NO.12, 2 ACRE). 8. SIDDAPPA S/O. ADIVEPPA POOJAR, AGE: 65 YEARS, OCCU. AGRICULTURE, R/O. KAYDIGUMPA VILLAGE, TQ. KUSHTAGI-584121, DIST. KOPPAL(SY.NO.12, 2 ACRE). 9. MAMTAZ BEGAM W/O. GOODSAB GOODOORU, AGE: 35 YEARS, OCCU. AGRICULTURE, R/O. KAYDIGUMPA VILLAGE, TQ. KUSHTAGI-584121, DIST. KOPPAL(SY.NO.12, 2 ACRE). 10. LAKSHAMAVVA W/O. SIDDAPPA BHAJANTRI, AGE: 60 YEARS, OCCU. AGRICULTURE, R/O. KAYDIGUMPA VILLAGE, TQ. KUSHTAGI-584121, DIST. KOPPAL(SY.NO.12, 2 ACRE). 11. NAGARATNA W/O. HONNAPPPA IALGER, AGE: 35 YEARS, OCCU. AGRICULTURE, R/O. KAYDIGUMPA VILLAGE, TQ. KUSHTAGI-584121, DIST. KOPPAL(SY.NO.12, 2 ACRE). 12. BASAVVA W/O. BASAMAGOUDA GOUDAR, AGE: 45 YEARS, OCCU. AGRICULTURE, R/O. KAYDIGUMPA VILLAGE, - 3 - HC-KAR NC: 2025:KHC-D:12037 WP No. 103237 of 2023 TQ. KUSHTAGI-584121, DIST. KOPPAL(SY.NO.12, 2 ACRE). 13. CHANDABEE W/O. MURTUSAB NADAF, AGE: 40 YEARS, OCCU. AGRICULTURE, R/O. KAYDIGUMPA VILLAGE, TQ. KUSHTAGI-584121, DIST. KOPPAL(SY.NO.12, 2 ACRE). 14. YAMANABI W/O. YAMANOORSAB NADAF, AGE: 35 YEARS, OCCU. AGRICULTURE, R/O. KAYDIGUMPA VILLAGE, TQ. KUSHTAGI-584121, DIST. KOPPAL(SY.NO.12, 2 ACRE). 15. CHANDRAKALA W/O. AADESHA GOUDER, AGE: 30 YEARS, OCCU. AGRICULTURE, R/O. KAYDIGUMPA VILLAGE, TQ. KUSHTAGI-584121, DIST. KOPPAL(SY.NO.12, 2 ACRE). 16. NAGAVVA W/O. HANAMAGOUDA, AGE: 70 YEARS, OCCU. AGRICULTURE, R/O. KAYDIGUMPA VILLAGE, TQ. KUSHTAGI-584121, DIST. KOPPAL(SY.NO.12, 2 ACRE). 17. DHYAMAVVA W/O. KRISHNAPPA BADIGER, AGE: 75 YEARS, OCCU. AGRICULTURE, R/O. KAYDIGUMPA VILLAGE, TQ. KUSHTAGI-584121, DIST. KOPPAL(SY.NO.12, 2 ACRE). …PETITIONERS (BY SRI. B.C.JNANAYYA SWAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO THE REVENUE DEPARTMENT, M.S BUILDING, DR. AMBEDKAR VEEDHI, - 4 - HC-KAR NC: 2025:KHC-D:12037 WP No. 103237 of 2023 BANGALORE-560001. 2. THE DEPUTY COMMISSIONER KOPPAL DISTRICT, KOPPAL-583231. 3. THE REGULARISATION OF UNATHORISED COMMITTEE, REPRESENTED BY ITS CHAIRMAN, KUSHTAGI-584121. 4. THE TAHSILDAR KUSHTAGI -584121, DIST. KOPPAL. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE TAHSILDAR, KUSTAGI/ RESPONDENT NO. 4 TO CONSIDER THE APPLICATIONS OF THE PETITIONER AS PER ANNEXURE-C TO C16 IN RESPECT OF LAND BEARING SY. NOS. 12, MEASURING 56 ACRE 15 GUNTA SITUATED AT KYADAGUMPA VILLAGE, KUSHTAGI TQ, KOPPAL DIST. IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA is directed to take notice for Respondent Nos. 1 to 4. - 5 - HC-KAR NC: 2025:KHC-D:12037 WP No. 103237 of 2023 2. The petitioners are before this Court seeking for the following reliefs: a. To issue a writ in the nature of certiorari to quash the impugned order passed by the Tahsildar, Kustagi/ Respondent No.4 to consider the applications of the petitioner as per Annexure-C to C16 in respect of Land bearing SY. Nos. 12, measuring 56 acre 15 gunta situated at Kyadagumpa Village, Kushtagi Tq, Koppal Dist., in the interest of justice and equity. b. Grant such other reliefs that this Hon’ble Court may deems fit in the circumstances of the case, in the interest of justice and equity. 3. The grievance of the petitioners is that the applications submitted by them, as per Annexures C to C16, seeking regularisation of their unauthorised occupation of portions of Survey No. 12 of Kyadagumpa village, Kushatagi Taluk, have not been considered. 4. A perusal of the documents indicates that the applications in Annexure C series were submitted as early as the year 2019. It is rather surprising that - 6 - HC-KAR NC: 2025:KHC-D:12037 WP No. 103237 of 2023 such applications are still pending even after a lapse of six years. 5. It was incumbent upon the respondents to have considered the said applications and passed appropriate orders within a reasonable period of time. Having regard to the delay and inaction on the part of the respondents, I pass the following: ORDER i. The writ petition is allowed. ii. A writ of mandamus is issued directing Respondent No. 4 to consider the petitioners’ applications at Annexures C2 to C16, in accordance with law, and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. - 7 - HC-KAR NC: 2025:KHC-D:12037 WP No. 103237 of 2023 iii. It is made clear that this Court has not expressed any opinion on the merits or entitlement of the petitioners. Sd/- (SURAJ GOVINDARAJ) JUDGE VB Ct:pa List No.: 1 Sl No.: 45