- 1 - HC-KAR NC: 2026:KHC:9892 WP No. 5033 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 5033 OF 2026 (KLR-RES) BETWEEN: KITTANNA RAI, S/O LATE KORAGAPPA RAI, AGED ABOUT 73 YEARS, R/AT BEEDU HOUSE, BELLARE VILLAGE AND POST, SULLIA TALUK, D.K. DISTRICT- 574 212. …PETITIONER (BY SRI.K.RAVISHANKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS REVENUE SECRETARY, DEPT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, D.K. DISTRICT, MANGALURU - 575 001. 3. THE ASSISTANT COMMISSIONER, PUTTUR SUB-DIVISION, D.K. DISTRICT - 574 201. 4. THE TASILDAR, SULLIA TALUK, D.K. DISTRICT - 574 239. …RESPONDENTS (BY SMT.NAVYA SHEKAR, AGA) Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9892 WP No. 5033 of 2026 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED COMMUNICATION DATED 16/12/2025 ISSUED BY THE 3RD RESPONDENT BEARING NO.L.N.D.C.R:170/2023-24 PRODUCED VIDE (ANNEXURE - M) TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. 2. The grievance of the petitioner is directed towards the impugned communication at Annexure-M dated 16.12.2025 made by the respondent-Assistant Commissioner, Puttur Sub- Division to the Tahsildar, Sulia Taluk to proceed in the matter of formation of road having regard to the directions issued by this Court in W.P.No.12400/2023 dated 22.06.2023. 3. The learned counsel for petitioner submits that there is a recommendation made by the Committee for regularization of unauthorised occupation as found in Annexure-A3 dated 08.08.2014 to regularise and grant 40 cents of land in Sy.No.16 of 88/1A/A/P2 situated at Bellare - 3 - HC-KAR NC: 2026:KHC:9892 WP No. 5033 of 2026 Village of Sulia Taluk in favour of the petitioner. Therefore, without proceeding accordingly, there was no occasion for the Assistant Commissioner or the Tahsildar to proceed to form the road in the land for which the petitioner has already filed an application seeking regularisation of unauthorised occupation. 4. Per contra, learned AGA submits that the Tahsildar had issued an endorsement way back on 04.01.2016 as found at Annexure-B clearly stating that there is no provision for regularisation of unauthorised occupation of Kumki lands and the petitioner is required to wait until an amendment is brought to the provisions enabling regularisation of unauthorised occupation of Kumki lands. When that being the position, the Assistant Commissioner is right in directing the Tahsildar to proceed in accordance with law as directed by this Court in W.P.No.12400/2023. Moreover the impugned communication is only a communication and not an order which could be challenged by the petitioner. 5. There is sufficient force in the submission of the learned AGA. 6. The impugned communication at Annexure-M cannot be questioned by the petitioner. Moreover this Court has - 4 - HC-KAR NC: 2026:KHC:9892 WP No. 5033 of 2026 already directed that the competent authority may proceed in accordance with law, if, the authorities require the lands for formation of a road. With these observations writ petition stands disposed of while reiterating the directions issued by this Court earlier in W.P.No.12400/2023 that if the respondent authorities want to form a road on the land in question, they shall do only in accordance with law. Needless to observe that the petitioner has right to raise a challenge to such an action if taken by the respondent authorities. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE GPG List No.: 1 Sl No.: 10