KALLAYYA S/O. APPAYYA HIREMATH v. THE STATE OF KARNATAKA
WP/105797/2025 · 2025-08-18
Suraj Govindaraj
body2025
DailyLaw.ai
[ 2025 DAILYLAW 84781 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 84781 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:10387 WP No. 105797 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF AUGUST, 2025
BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.105797 OF 2025 (KLR-REG)
BETWEEN:
KALLAYYA S/O. APPAYYA HIREMATH AGE: 61 YEARS, OCC. AGRICULTURIST, R/O. KOGILAGERI, TQ. ALNAVAR, DIST. DHARWAD-581103 P/R KHB COLONY, OPP. TO KMF, DHARWAD, TQ. AND DIST. DHARWAD-580002 …PETITIONER (BY SRI. YAJI NARAYAN VISHNU, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, BY ITS SECRETARY AMBEDKAR VEEDHI, M.S. BUILDING, VIDHANA SOUDHA, BENGALURU-560001.
2.
THE DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD-580001.
3.
THE TAHSILDAR, ALNAVAR TALUK, ALNAVAR, DHARWAD DISTRICT-581103. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA)
Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:10387 WP No. 105797 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO CONSIDER AND PASS AN APPROPRIATE
ORDER IN RESPECT OF FORM NO.57 FILED BY THE PETITIONER DATED 07.11.2018 BEARING NO. NIL VIDE ANNEXURE-B TO THE WRIT PETITION IN ACCORDANCE WITH LAW.II) ISSUE A WRIT, MANDAMUS, DIRECTION OR DECLARATION AND PASS SUCH OTHER ORDERS, AS THIS HONBLE COURT DEEMS FIT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, TO MEET THE INTEREST OF JUSTICE EQUITY.
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 Additional Government Advocate accepts notice for respondent Nos.1 to 3.
2. The petitioner is before this Court seeking for the following reliefs: i) Issue a writ in the nature of mandamus directing the respondent no.3 to consider and pass an appropriate order in respect of form no.57 filed by the petitioner dated 07.11.2018 bearing no. NIL vide Annexure-B to the writ petition in accordance with law.
ii) Issue a writ, mandamus, direction or declaration and pass such other orders, as this Honble Court deems fit under the facts and circumstances of the case, to meet the interest of justice equity.
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HC-KAR NC: 2025:KHC-D:10387 WP No. 105797 of 2025
3. Petitioner is aggrieved by the non-consideration of Form No.57 submitted by the petitioner for regularization of the unauthorised occupation of the petitioner in Sy.No.60 of Kogilageri village of Alnavar taluk, which had been submitted on 07.11.2018.
4. Whenever any application for regularization is submitted, it is but required for the concerned authorities to consider the said application and pass necessary orders within a reasonable period of time by following the due procedure under Section 94 of the Karnataka Land Revenue Act. The application in the present matter has been pending for nearly 7 years, which cannot be condoned. In that view of the matter, I pass the following:
ORDER i. Writ petition is allowed. ii. A mandamus is issued directing respondent No.3 to consider and pass appropriate orders in
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HC-KAR NC: 2025:KHC-D:10387 WP No. 105797 of 2025
respect of Form No.57 filed by the petitioner on 07.11.2018 within a period of 12 weeks from the date of receipt of certified copy a copy of this
order. iii. Pending consideration of the application of the petitioner, the respondents are restrained from dispossessing the petitioner. iv. The Principal Secretary of Revenue, Government of Karnataka, is directed to look into these kinds of matters and ascertain the status of applications for regularisation of unauthorised occupation, which have been pending either under Form 50, 53, 57 and or any other provision. An affidavit of the Principal Secretary of Revenue, Government of Karnataka, to be filed indicating the total pendency across the State of Karnataka in relation thereto within a period of four weeks from today.
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HC-KAR NC: 2025:KHC-D:10387 WP No. 105797 of 2025
v. Though the above petition is disposed of, re-list on 24.09.*2025 for filing of such an affidavit.
Sd/- (SURAJ GOVINDARAJ) JUDGE
AM Ct:pa LIST NO.: 1 SL NO.: 47
* Corrected Vide Chamber
order dated 08.09.2025.
Sd/- SGRJ