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2025 DAILYLAW 88936 (KAR)

SRI B CHALAPATHI v. STATE OF KARNATAKA

WP/27913/2025 · 2025-11-11

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:45704 WP No. 27913 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 27913 OF 2025 (KLR-RES) BETWEEN: SRI. B. CHALAPATHI S/O BYAPPA AGED ABOUT 40 YEARS, R/AT: PUTHRASONNENAHALLI, KETHAGANALLI POST, KASABA HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT - 563129. …PETITIONER (BY SRI. SOMASEKHARA K H., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPT. OF REVENUE, M.S.BUILDING VIDHANAVEEDHI ROAD, BANGALORE - 560001 REPT. BY ITS REVENUE SECRETARY 2. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION, REPTD BY ITS SECRETARY BANGARAPETE TALUK, KOLAR DISTRICT – 563130. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45704 WP No. 27913 of 2025 3. THE TAHASILDAR BANGARAPETE TALUK, KOLAR DISTRICT - 563130 …RESPONDENTS (BY SMT. NAVYA SHEKHAR., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENTS AND DIRECT THE R-2 AND 3 TO CONSIDER THE APPLICATION IN FORM NO.57 FILED BY THE PETITIONER DTD.15.12.2022 FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION IN LAND BEARING SY.NO.11 MEASURING 2.00 ACRES OF PARAVANAHALLI, KETHAGANALLI POST, KASABA HOBLI, BANGARAPETE TALUK, KOLAR DISTRICT VIDE ANNX-A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for a direction in the nature of writ of mandamus directing respondents No.2 and 3 to consider the Application in Form No.57 filed by the petitioner dated 15.12.2022 and for regularization of unauthorized cultivation of land bearing Sy.No.11, measuring 2.00 Acres situated at Paravanahalli Village, Kasaba Hobli, Bangarapete Taluk, Kolar District. - 3 - HC-KAR NC: 2025:KHC:45704 WP No. 27913 of 2025 2. Learned Additional Government Advocate has filed a memo dated 10.11.2025 and has annexed an order of the Deputy Commissioner and submits that the Application of the petitioner has been rejected. 3. It is noticed that as against the said order, an appeal would lie under Section 49 of the Karnataka Land Revenue Act, 1964, before the Karnataka Appellate Authority. 4. Learned Counsel for the petitioner submits that though the order is passed on 10.01.2024, the same came to the knowledge of the petitioner only when the memo was filed. 5. Taking note of the said submission, if the petitioner would file an appeal within a period of 4 weeks before the Appellate Authority, same to be taken without raising any objection as regards the limitation is concerned. - 4 - HC-KAR NC: 2025:KHC:45704 WP No. 27913 of 2025 6. In the light of the same, the writ petition stands disposed of. 7. All contentions are kept open. 8. Needless to state that the respondent-authorities shall not take any coercive steps to dispossess the petitioner for a period of 4 weeks from today. Sd/- (S SUNIL DUTT YADAV) JUDGE DL CT: JL