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2026 DAILYLAW 21740 (KAR)

RAVISH SHETTY v. STATE OF KARNATAKA

WP/12932/2026 · 2026-06-15

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28885 WP No. 12932 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 12932 OF 2026 (KLR-RES) BETWEEN: RAVISH SHETTY S/O. LATE KRISHNI SHETTY, AGED ABOUT 58 YEARS, R/AT KADEKANA HOUSE, BARIMARU VILLAGE, BANTWAL TALUK, D.K. DISTRICT-574253. …PETITIONER (BY SRI. G. RAVISHANKAR SHASTRY, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF REVENUE, M.S. BUILDING, DR. B.R. AMBEDKAR ROAD, BENGALURU -560001. 2. THASILDAR, BANTWAL TALUK, D.K. DISTRICT-574219. 3. COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION AND CULTIVATION OF LANDS, BANTWAL TALUK, D.K DISTRICT REPRESENTED BY ITS CHAIRMAN THASILDAR, BANTWAL TALUK D.K. DISTRICT-574 219. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28885 WP No. 12932 of 2026 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING ORDER PASSED BY THE COMMITTEE FOR REGULARIZATION DATED 11-10-2021 IN NO. NCR/SR/2260/99-2000 BANTWAL TALUK, D.K. DISTRICT IN SO FAR AS IMPOSING THE CONDITION THAT SAGUVALI CHIT SHALL BE ISSUED ONLY AFTER THE ORDERS OF THE GOVERNMENT COPY OF WHICH IS PRODUCED AT ANNEXURE A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned HCGP accepts notice for the respondents. 2. In this writ petition, petitioner is assailing the order dated 11.10.2021 (Annexure-A) insofar as it imposes a condition that saguvali chit shall be issued only after the orders are passed by the Government. 3. Having taken note of submissions made by the learned counsel appearing for the petitioner, it is not in dispute that the Committee has taken a decision to grant the land in favour of the petitioner however, has put a rider against the petitioner that the saguvali chit shall be issued to the petitioner - 3 - HC-KAR NC: 2026:KHC:28885 WP No. 12932 of 2026 only after appropriate orders passed by the Government. In respect of the condition imposed by the Committee regarding issuance of the saguvali chit is concerned, the same has been considered by this Court in W.P. No.6705/2017, disposed of on 22.07.2022 (Annexure-E) at paragraph No.11, which reads as under: "11. As stated above, since Section 94-B of the Act provides for regularization of grant even in respect of kumki land, whether the kumki privileges were extinguished or not would be irrelevant for the purpose of Section 94-B of the Act especially since Section 94-B of the Act begins with a non-obstante clause." 4. In that view of the matter, irrespective of the fact that whether the Kumki privileges were extinguished or not, may not be an appropriate condition to be imposed by the Committee while granting a land and to that extent, I find force in the submission made by the learned counsel appearing for the petitioner. Accordingly, I pass the following: O R D E R (i) The writ petition is allowed. - 4 - HC-KAR NC: 2026:KHC:28885 WP No. 12932 of 2026 (ii) The respondent No.2 is directed to issue saguvali chit in favour of the petitioner in respect of the subject land by considering the representation dated 14.10.2025 (Annexure-B) within one month from the date of receipt of a copy of this order in accordance with law. SD/- (E.S.INDIRESH) JUDGE VBS List No.: 1 Sl No.: 31