- 1 - HC-KAR NC: 2025:KHC-D:15688 WP No. 108533 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.108533 OF 2025 (KLR-REG) BETWEEN: 1. MANJAPPA S/O BASAPPA TALAWAR, AGE. 52 YEARS, OCC. AGRICULTURE, R/O. GHALAPOOJI, TQ. BYADAGI, DIST. HAVERI-581 106. 2. MALLESHAPPA S/O SHEDIYAPPA JADAR, AGE. 68 YEARS, OCC. AGRICULTURE, R/O. GHALAPOOJI, TQ. BYADAGI, DIST. HAVERI-581 106. 3. NAGENDRAPPA S/O SIDDAPPA JADAR, AGE. 46 YEARS, OCC. AGRICULTURE, R/O. GHALAPOOJI, TQ. BYADAGI, DIST. HAVERI-581 106. … PETITIONERS (BY SRI. GIRISH YADAWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, R/BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, BENGALURU-01. 2. THE DEPUTY COMMISSIONER, HAVERI, DIST. HAVERI-581 110. 3. THE ASSISTANT COMMISSIONER, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.11.19 12:20:57 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15688 WP No. 108533 of 2025 HAVERI, TQ. AND DIST. HAVERI-581 110. 4. THE COMMITTEE FOR REGULARIZATION, BYADAGI TALUKA, R/BY ITS SECRETARY, TQ. BYADAGI, DIST. HAVERI-581 106. 5. THE TAHASILDAR, BYADAGI, TQ. BYADAGI, DIST. HAVERI-581 106. 6. THE REVENUE INSPECTOR, GHALAPOOJI, TQ. BYADAGI, DIST. HAVERI-581 106. 7. THE VILLAGE ACCOUNTANT, GHALAPOOJI, TQ. BYADAGI, DIST. HAVERI-581 106. … 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 A WRIT OF CERTIORARI TO QUASH THE RESOLUTION PASSED BY THE RESPONDENT NO.4 DATED 24.06.2022 VIDE ANNEXURE-F INSOFAR AS IT PERTAINS TO THE PETITIONERS AND THE IMPUGNED ORDER DATED 20.07.2023 PASSED BY THE RESPONDENT NO.2 IN NO.LGL VA HI:2020:2022-23 VIDE ANNEXURE-G INSOFAR AS IT PERTAINS TO THE PETITIONERS, IN THE INTEREST OF JUSTICE AND EQUITY AND CONSEQUENTLY, ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO 5 TO REGULARIZE THE UNAUTHORIZED OCCUPANCY OF THE PETITIONERS IN RESPECT OF THE PORTIONS OF LANDS CULTIVATED BY THEM IN RS NO.168 OF GAALAPUJI VILLAGE IN BYADAGI TALUKA OF HAVERI DISTRICT AS PER THE APPLICATIONS FILED BY THE PETITIONERS IN FROM NO.57, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15688 WP No. 108533 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard learned counsel for the petitioners and the learned Additional Government Advocate appearing for respondents. 2. The petition is filed under Articles 226 and 227 of the Constitution of India by the petitioners assailing the orders dated 24.06.2022 and 20.07.2023 marked at Annexures-F and G respectively. 3. In terms of the order at Annexure-F dated 24.06.2022, the Deputy Commissioner has rejected the petitioners’ application seeking regularisation of unauthorised occupation by respondent No.4-Land Grant Committee, on the premise that the petitioners are not cultivating the land and the matter was referred to the Deputy Commissioner. - 4 - HC-KAR NC: 2025:KHC-D:15688 WP No. 108533 of 2025 4. In terms of impugned order dated 20.07.2023 marked at Annexure-G, the Deputy Commissioner has rejected the petitioners’ application on the premise that the application for which the petitioners sought regularisation is ‘B Kharab Land’. 5. Rule 108-I of the Karnataka Land Revenue Rules, 1966 (for short ‘the Rules, 1966’) reads as under; “108-I. Certain lands not to be granted. -(1) Notwithstanding anything contained in this chapter, lands assigned for special purposes under Section 71 of the Act, and lands described in revenue records, as Devarakadu, Urduve, Gunduthop Tankbed, Phut Kharab halla, [x x x x x], burial grounds and such lands, which in the opinion of the Government is required for public purpose, shall not be granted: Provided that the provisions of this rule shall not apply to lands set-apart for free pasturage under Section 71 of Karnataka Land Revenue Act which will be governed by Rule 97. (2) No Government land within the limits of a city or town, shall not be granted to any individual or a private institution. All such lands shall be reserved for - 5 - HC-KAR NC: 2025:KHC-D:15688 WP No. 108533 of 2025 public or Government purposes to provide for public needs of a growing city or town: Provided that the lands which have not lost the characteristics for which they were reserved shall not be declassified and granted or leased for any other purposes.” 6. The Rule 108-I of the Rules, 1966, has an overriding effect over the provisions of Chapter XIII-A of the Karnataka Land Revenue Rules, 1966. 7. This being the position, this Court is of the view that the petitioners have an alternative remedy of an appeal before the Karnataka Administrative Tribunal to assail the order at Annexure-G. 8. With above observation, Writ Petition is disposed of. 9. Hence, the following: - 6 - HC-KAR NC: 2025:KHC-D:15688 WP No. 108533 of 2025 ORDER (i) It is made clear that this Court has not expressed anything on the merits of the claim of either of the parties. (ii) The time spent in prosecuting this petition from 03.11.2025 till this date is to be excluded in computing the limitation, if any. (iii) Registry is directed to return copies of the impugned orders by retaining the xerox copies to the petitioners. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP/AM CT:BCK LIST NO.: 1 SL NO.: 33