- 1 - HC-KAR NC: 2025:KHC-D:15301 WP No. 104390 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.104390 OF 2024 (KLR-RES) BETWEEN: SMT. GANGAMMA W/O DODDA PALAIAH, AGE. 74 YEARS, OCC. AGRICULTURE, R/O. NEAR GOVERNMENT SCHOOL, MORABANAHALLI VILLAGE, TQ. KUDLIGI DIST. VIJAYANAGAR-583 135. … PETITIONER (BY SRI. M.S. HARAVI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, VIJAYANAGAR, DIST. VIJAYANAGAR-583 201. 2. THE TAHASILDAR, KUDLIGI, TQ. KUDLIGI, DIST.VIJAYANAGAR-585 135. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI TO QUASH THE ENDORSEMENT BEARING NO.LGP/1183/98-99 DATED 18-03-2024 ISSUED BY THE 2ND RESPONDENT AS PER ANNEXURE-K AND ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO ISSUE CERTIFICATE OF GRANT/SAGUVALI CHIT IN FAVOUR OF THE PETITIONER IN RESPECT OF LAND BEARING SY. NO.638/B4 Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15301 WP No. 104390 of 2024 OF KUDLIGI MEASURING 3 ACRES 85 CENTS FORTHWITH AS PER ANNEXURE-F DATED 15-03-2018. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing the Order dated 18.03.2024 passed by respondent No.2-Tahasildar. 2. In terms of impugned endorsement at Annexure-K, the Tahadildar has refused to issue the Saguvali Chit to the petitioner on the premise that the land could not have been granted to the petitioner in terms of the circular dated 30.01.2021. 3. Learned counsel for the petitioner submits that the petitioner's property is located within Town Panchayat and the competent Land Grant Committee has granted the land to the petitioner in terms of grant order dated 15.03.2018 marked at Annexure-F. However, the property records are not yet issued to the petitioner. Hence, the petitioner - 3 - HC-KAR NC: 2025:KHC-D:15301 WP No. 104390 of 2024 has filed an application for issuance of Saguvali Chit in Form No.VII as contemplated under Rule 108- D(3) of the Karnataka Land Grant Rules. This request is rejected on the premise that there is a circular dated 30.01.2021, prohibiting regularisation of unauthorised occupation of land within 3 kilometres radius of Pattan Panchayat and Town Municipal Council. 4. Learned counsel for the petitioner would submit that the grant is made on 15.03.2018 and on that date, the restriction based on the distance was not there in the Rule and said restriction was inserted for the first time in so far as Town Municipal Area in terms of the Gazette notification dated 17.03.2018. 5. The law relating to restriction on regularisation of unauthorised occupation was amended vide Karnataka Act No.11.03.2018 and came into force on 17.03.2018. - 4 - HC-KAR NC: 2025:KHC-D:15301 WP No. 104390 of 2024 6. This being the position, the grant order made in favour of the petitioner by the Land Grant Committee, is valid. 7. Hence, the following: ORDER i. Writ petition is allowed. ii. The Impugned endorsement dated 18.03.2024 passed by respondent No.2-Tahasildar vide Annexure-K, is set-aside. iii. The Tahasildar is directed to issue Form No.VII as specified in Section 108-D(3) of the Karnataka Land Grant Rules within 60 days from the date of the receipt of certified copy of this order. iv. It is to be noticed that though the grant is made in the year 2018, the Tahasildar has not - 5 - HC-KAR NC: 2025:KHC-D:15301 WP No. 104390 of 2024 proceeded further as required under Section 108-D(3) of the Karnataka Land Grant Rules. v. The compliance shall be made within 60 days from the receipt of the copy of this order, failing which, the petitioner will have to pay cost of Rs.25,000/- being the cost of this petition. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT:BCK LIST NO.: 1 SL NO.: 29