- 1 - HC-KAR NC: 2025:KHC:45428 WP No. 27775 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 27775 OF 2025 (KLR-RES) BETWEEN: SMT. SAARASWATHAMMA W/O KRISHNAPPA AGED ABOUT 41 YEARS R/AT NAGAPURA VILLAGE LAKKURU HOBLI, MALUR TALUK KOLAR DISTRICT-563 160. …PETITIONER (BY SRI. K.H. SOMASHEKARA, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING VIDHANA VEEDHI ROAD BANGALORE-560 001 REPT. BY ITS REVENUE SECRETARY. 2. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORISED CULTIVATION REPTD. BY ITS SECRETARY MALUR TALUK, KOLAR DISTRICT-563 130. 3. THE TAHASILDAR MALUR TALUK KOLAR DISTRICT-563 130. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45428 WP No. 27775 of 2025 …RESPONDENTS (BY SMT.NAVYA SHEKHAR, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS AND DIRECTING THE R2 AND 3 TO CONSIDER THE APPLICATION IN FORM NO.57 FILED BY THE PETITIONER DATED 12.03.2019 FOR REGULARIZATIN OF UNAUTHORIZED CULTIVATION IN LAND BEARING SY. NO.6 MEASURING 2 ACRES 12 GUNTAS OF NAGAPURA VILLAE, LAKKURU HOBLI, MALUR TALUK, KOLAR DISTRICT VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has sought for issuance of order directing respondents 2 and 3 to consider the application in Form No.57 filed by the petitioner on 12.03.2019 seeking regularisation of unauthorised cultivation in land bearing No.6 measuring 2 acres 12 guntas of Nanjapura Village, Lakkuru Hobli, Malur Taluk, Kolar District. 2. Learned Additional Government Advocate files a memo and enclosed copy of the recommendation of the - 3 - HC-KAR NC: 2025:KHC:45428 WP No. 27775 of 2025 Tahsildar that petitioner is not in possession and accordingly, his application may be rejected. 3. Learned counsel for the petitioner submits that such recommendation of the Tahsildar is without notice. It is to be noticed that in terms of Rule 108-CCC(3) of the Karnataka Land Revenue Rules, 1966, upon report of the Tahsildar, the Deputy Commissioner may pass necessary orders. At this stage, the Tahsildar has only made recommendation to the Deputy Commissioner to the effect that petitioner is not in possession. Petitioner contends that he is in possession and the report of the Tahsildar is contrary to the factual situation. 4. In light of such assertion made by the petitioner and taking note of the recommendation made by the Tahsildar, it is open for the petitioner to approach the Tahsildar insofar as the assertion that the Tahsildar has not noticed possession of the petitioner. - 4 - HC-KAR NC: 2025:KHC:45428 WP No. 27775 of 2025 5. Accordingly, petition is disposed of in terms of the above observations. Sd/- (S SUNIL DUTT YADAV) JUDGE VP