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2026 DAILYLAW 15262 (KAR)

SRI. BASAVARAJ v. STATE OF KARNATAKA

WP/8491/2025 · 2026-02-17

R Devdas

Public Interest Litigationbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9520 WP No. 8491 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 8491 OF 2025 (KLR-REG) BETWEEN: SRI. BASAVARAJ S/O CHIKKANNA, AGED ABOUT 39 YEARS, RESIDENT OF KILARADALLI VILLAGE, PILALI POST, J G HALLI HOBLI, HIRIYURU TALUK, CHITRADURGA DISTRICT-572 143. …PETITIONER (BY SMT. RATHNAMMA E., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, MULTI STORIED BUILDING, BENGALURU-560 001. 2. DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA-577 501. 3. TAHSILDAR, HIRIYURU TALUK, HIRIYURU, CHITRADURGA DISTRICT-572 143. 4. COMMITTEE FOR REGULARISATION OF UNAUTHORISED OCCUPATION, REP BY SECRETARY AND TAHSILDAR, Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9520 WP No. 8491 of 2025 HIRIYURU TALUK, CHITRADURGA DISTRICT-572 143. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENTS TO CONSIDER THE APPLICATION FILED BY THE PETITIONER FOR REGULARISATION AND TAKE DECISION IN SO FAR AS IT RELATES TO 4 ACRES OF LAND IN SY.NO.11 OF KILARADAHALLI VILLAGE, JAVANAGONDANAHALLI HOBLI, HIRIYURU TALUK, CHITRADURGA DISTRICT IS CONCERNED AS PER THE DETAILS SHOWN IN THE FROM NO.57 COPY OF WHICH IS PRODUCED AS ANNEXURE-A IN THE LIGHT OF THE GOVERNMENT ORDER BERING NO.RD 59 LGP 2000 BANGALORE DATED 22/02/2003 AND UNIQUE QUE NO.RD 11 SVEE AND RAA 2003 DATED 22/02/2003 COPY OF WHICH IS PRODUCED AT ANNEXURE-B AND PASS ORDER FOR REGULARISATION OF UNAUTHORISED OCCUPATION OF THE PETITIONER AS PER THE REPRESENTATION DATED 03/02/2025 TRUE COPY OF WHICH IS PRODUCED AS ANNEXURE-C. 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 accepts notice for all the respondents. 2. It is the contention of the petitioner that the petitioner has filed an application in Form No.57 on - 3 - HC-KAR NC: 2026:KHC:9520 WP No. 8491 of 2025 31.1.2019 seeking regularization of unauthorized occupation of 04 acres of land in Sy.No.39 of Kilaradahalli Village, Javanagondanahalli Hobli, Hiriyuru Taluk, Chitradurga District, as per Annexure-A. 3. Learned counsel for the petitioner has drawn the attention of this Court to Annexure-'B' which is a Government Order bearing No.RD-59-LGP-2000, Bangalore dated 22.02.2003 wherein, the State Government has taken a decision that such lands which were reserved as Sendhi Vana, for the purpose of extracting arrack in many of the districts have to be de-reserved and handed over to Revenue Department for further action. It is pointed out from the said Government Order, that in respect of Chitradurga District, an extent of 8817.18 acres of land have been de-reserved from Sendhi Vana and made available to the Revenue Department for further action. - 4 - HC-KAR NC: 2026:KHC:9520 WP No. 8491 of 2025 4. Further, the learned counsel has also drawn the attention of this Court to Clause-5 of the Government Order wherein, it is clearly stated that the de-reserved lands may be granted to landless persons under the provision for regularization of unauthorized occupation to an extent not exceeding 05 acres to each applicant. 5. Learned counsel however submits that it is possible that the petitioner is in occupation of 04 acres of land in terms of the application filed by her. 6. Having regard to the admitted position that the State Government itself issued a Government Order in the year 2003 to regularize unauthorized occupation of such lands in favour of persons who do not have any agricultural lands with them, this Court deems it fit to dispose of the writ petition as under: ORDER i. The writ petition is allowed in part. - 5 - HC-KAR NC: 2026:KHC:9520 WP No. 8491 of 2025 ii. The respondent - Tashildar is directed to place the application of the petitioner along with his recommendation taking note of the survey report earlier made available to the Tashildar and place the same before the respondent - Committee for regularization of unauthorized occupation within a period of four weeks from the date of receipt of a copy of this order. iii. The Committee shall re-consider the application having regard to the Government order dated 22.02.2003 at Annexure 'B' and pass necessary orders, having regard to the claim made by the petitioner in the application and the verification of the factual aspects, as expeditiously as possible and at any rate within a period of two months from the date when which the application is placed by the Tashildar before the Committee. - 6 - HC-KAR NC: 2026:KHC:9520 WP No. 8491 of 2025 Ordered accordingly. 7. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE TL List No.: 1 Sl No.: 37