Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:17553 WP No. 28522 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 28522 OF 2023 (KLR-RES)
BETWEEN:
SRI MADDAREDDY T M S/O LATE NADIPI MADDAIAH AGED ABOUT 50 YEARS R/AT THATTAHALLI VILLAGE CHENDURE POST GUDIBANDE TALUK CHICKBALLALPUR DISTRICT – 561 207. …PETITIONER
(BY SRI. SRINIVASA GOWDA., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY REVENUE DEPARTMENT M. S. BUILDING BENGALURU 560 001.
2.
THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA-562 101.
3.
THE TAHSILDAR BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT 561 207.
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:17553 WP No. 28522 of 2023
4.
THE REGULARIZATION COMMITTEE FOR UNAUTHORIZED OCCUPATION BAGEPALLI TALUK CHICKBALLAPUR DISTRICT 561 207 REPRESENTED BY ITS SECRETARY.
…RESPONDENTS
(BY SRI. SHAMANTH NAIK., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TAHSILDAR BAGEPALLI THE REGULARIZATION COMMITTEE BAGEPALLI TO CONSIDER THE FORM NO.57 FILED BY THE PETITIONER WHICH IS PRODUCED AT ANNEXURE-B VIDE DATED 13.07.2022 FOR REGULARIZATION OF THE UNAUTHORIZED OCCUPATION AND CULTIVATION OF WHICH IS MORE FULLY DESCRIBED AS SCHEDULE PROPERTY WITHIN THE TIME BOUND TO BE FIXED BY THIS HON’BLE COURT AND UNTIL SUCH TIME NOT TO DISTURB THE POSSESSION AND ENJOYMENT OF THE LAND BY THE PETITIONER AND DISPOSE OF THE SAID APPLICATION IN ACCORDANCE WITH LAW.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:17553 WP No. 28522 of 2023
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
It is the contention of the petitioner that he has filed an application in Form No.57 on 13.07.2022 seeking regularization of unauthorized occupation of 2 acres of land in Sy.No.298 (Block-I) of Pargodu Village, Kasaba Hobli, Bagepalli Taluk, Chikkaballapura District and respondents have not considered the application till date. Therefore, the prayer in the petition is to direct the respondents to consider the application and direct the respondents not to interfere with the peaceful possession and enjoyment of the petition schedule properties.
2. Having regard to the contentions raised in the writ petition and submission of the learned counsel for the petitioner, this Court is of the considered opinion that respondent No.3-Tahsildar was duty bound to place the application filed by the petitioner before the ‘Committee for Regularization of Unauthorized Occupation’ and the
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HC-KAR NC: 2026:KHC:17553 WP No. 28522 of 2023
Committee was also duty bound to consider the application and pass necessary orders. That exercise not having been taken by the respondent authorities, the respondents cannot evict the petitioner without
consideration of the application of the petitioner.
3. The writ petition stands disposed of with a specific direction to respondent No.3-Tahsildar, Bagepalli Taluk, to verify from the records as to whether the application filed by the petitioner in Form No.57 is pending
consideration. If it is found that such application was indeed filed by the petitioner and the application is yet to be considered, the Tahsildar is directed to place before respondent No.4-Committee for regularisation of unauthorised occupation, the applications along with his recommendation within a period of two months from the date of receipt of a copy of this order. Thereafter, the Committee shall consider the application and pass necessary orders in accordance with law as expeditiously
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HC-KAR NC: 2026:KHC:17553 WP No. 28522 of 2023
as possible and at any rate within a period of two months from the date of receipt of a copy of this order.
4. Needless to observe that till the application of the petitioner is disposed of in terms of the directions issued by this Court, the possession of the petitioner in respect of the petition schedule property shall not be disturbed. Ordered accordingly.
Pending I.As., if any stand disposed of.
Sd/- (R DEVDAS) JUDGE
JT/- CT:JL