- 1 - HC-KAR NC: 2025:KHC-D:8826 WP No. 104677 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO.104677 OF 2024 (KLR-REG) BETWEEN: 1. SRI. SUNDAR RAO @ SUNDARAMAIAH S/O. LATE GOPALKRISHNAIAH, AGED ABOUT 70 YEARS, R/AT. NO. 130, MARAMMA CAMP, NO.2, MUDDAPURA, YAMMAGURU POST, KAMPLI TALUK, BELLARY DISTRICT-583113. 2. SMT. SHIVARANI D/O. LATE GOPALKRISHNAIAH AGED ABOUT 59 YEARS, R/AT. MARAMMA CAMPT, NO.2, MUDDAPURA, YAMMAGURU POST, KAMPLI TALUK, BELLARY DISTRICT-583113. …PETITIONERS (BY SRI. M.M.SWAMY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, VIDHANA VEEDI, BENGALURU-560001, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT COMMISSIONER OF REVENUE KAMPLI TALUK, KAMPLI, BELLARY DISTRICT-583132. 3. THE TAHSILDAR KAMPLI TALUK, KAMPLI, BELLARY DISTRICT-583132. 4. THE COMMITTEE FOR REGULARIZATION UNAUTHORIZED OF OCCUPATION OF LAND KAMPLI TALUK, KAMPLI, BELLARY DISTRICT-583132. …RESPONDENTS (BY SRI. M.M.KHANNUR, ADDL. GOVT. ADVOCATE) Digitally signed by CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.07.31 14:48:06 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8826 WP No. 104677 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF MANDAMUS AND DIRECT THE RESPONDENTS TO CONSTITUTE THE COMMITTEE AND CONSIDER THE APPLICATION DATED 06.03.2019 FOR REGULARIZATION OF THE OCCUPATION OF THE PETITIONER OVER THE LAND BEARING SY.NO.16/2 MEASURING 2.50 ACRES EACH SITUATED AT NO.2, MUDDAPURA VILLAGE, (CAMP) KAMPLI HOBLI, KAMPLI TALUK BELLARY DISTRICT. PETITIONER’S LANDS BY CONSIDERING THE REPRESENTATIONS DATED 06.03.2019 VIDE ANNEXURE-E AND F AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) This petition is filed by petitioners seeking a writ of mandamus for direction to respondents to constitute the committee for regularization of the unauthorized occupants so also to consider the representation of petitioners. 2. Petitioners are agriculturists and are in physical possession and cultivation of land bearing Sy.No.16/2 measuring about 5 acre situated at No.2 Muddapura village, Kampli Taluk, Bellary District. They have been in possession and enjoyment of the land since lifetime of their father Late Sri Gopalkrishnaiyya. The RTC records reflect the name of father of petitioners and after the death of their father, they - 3 - HC-KAR NC: 2025:KHC-D:8826 WP No. 104677 of 2024 have been cultivating the land and they sought for change of mutation entries in their names pursuant the death of their father. But the same was not complied by the authorities. The 1st petitioner is in possession of 2 acre 50 gunta and his sister petitioner No.2 is cultivating the remaining land to an extent of 2 acre 50 gunta. 3. It is contended by learned counsel for petitioners that Section 94-A of the Karnataka Land Revenue Act, 1964 (for short, ‘the Act’) provides for regularization of the unauthorized occupation of land and Chapter XIII-A of the Act deals with the procedure for regularization of unauthorized occupation of land. In the year 2018, the amendment was incorporated extending the time of regularization of unauthorized occupants by Amendment Act 11 of 2018. 4. The petitioners filed an application in Form No.57 along with requisite fee on 06.03.2019 to the respondents seeking regularization of their unauthorized occupation of land bearing Sy.No.16/2 measuring 2.50 acre each along with necessary fees and required documents. - 4 - HC-KAR NC: 2025:KHC-D:8826 WP No. 104677 of 2024 5. It is contended by learned counsel for petitioners despite making the application for regularization under the provision of the Act and Rules, the same was not considered and committee has not been constituted as provided under Section 94-A of the Act. Hence, aggrieved by the same, petitioners are before this Court seeking for a direction to respondents to constitute the committee and consequently regularize the unauthorized occupation of petitioners in the respective lands mentioned hereinabove. Hence, the present petition. 6. Learned AGA representing the respondent/State contends that if the committee for regularization of unauthorized occupation is constituted as alleged by petitioners, same would be constituted and application of petitioners would be considered in accordance with law. Under the circumstances, when the provision contemplates for constitution of a committee as per Section 94-A of the Act, it becomes the duty of respondents to constitute the committee and consider the application of applicants. Accordingly, I pass the following : - 5 - HC-KAR NC: 2025:KHC-D:8826 WP No. 104677 of 2024 ORDER (i) Petition is allowed. (ii) Writ of mandamus is issued directing respondent No.4 to constitute the committee for regularization of the unauthorized occupation of land within eight weeks from today and after constituting of said committee the application of petitioners would be considered within eight weeks thereafter in accordance with law. (iii) It is made clear that no opinion is expressed on the merits of the matter. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK List No.: 1 Sl No.: 9