- 1 - HC-KAR NC: 2026:KHC:31669 WP NO.22918 OF 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.22918 OF 2017 (KLR-REG) BETWEEN: NAGARAJ S/O MUNISWAMY, AGED ABOUT 52 YEARS, R/O TAMMADDIHALLI, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577 201. …PETITIONER (BY SRI. P.N. HARISH, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE TAHASILDHAR SHIVAMOGGA TALUK, SHIVAMOGGA - 577 201. 3. ASSISTANT COMMISSIONER SHIVAMOGGA SUB-DIVISION, SHIVAMOGGA - 577 201. 4. DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 201. …RESPONDENTS (BY SMT. B.P. RADHA, AGA ) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31669 WP NO.22918 OF 2017 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 24TH JUNE, 2014 PASSED BY THE RESPONDENT NO.3 IN CASE NO.LND.CR.5/2012-13 VIDE ANNEXURE-E AND THE ORDER DATED 02ND JANUARY, 2017 PASSED BY THE RESPONDENT NO.4 IN CASE NO.R.A.10/2014- 15 VIDE ANNEXURE-G AND THEREBY DIRECT THE RESPONDENTS TO ISSUE SAGUVALI CHIT IN FAVOUR OF THE PETITIONER FOR AN EXTENT OF 3 ACRE 20 GUNTAS OF LAND IN SURVEY NO.79 OF TAMMADIHALLI VILLAGE, SHIVAMOGGA TALUK AS RECOMMENDED BY THE REGULARIZATION OF LAND GRANT COMMITTEE DATED 19TH MARCH 1996 VIDE ANNEXURE-B; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this petition, the petitioner is challenging the order dated 24th June, 2014 (Annexure-E) passed by the respondent No.3 in Case No.LND.CR.5/2012-13 and order dated 02nd January, 2017 (Annexure-G) passed by the respondent No.4 in Case No.RA.10/2014-15; inter alia sought for a direction to the respondents to issue saguvali chit in favour of the petitioner to an extent of 3 acre 20 guntas of land in Survey No.79 of Tammadihalli Village, Shivamogga Taluk as recommended by the Regularation of Land Grant Committee dated 19th March, 1996 (Annexure-B). - 3 - HC-KAR NC: 2026:KHC:31669 WP NO.22918 OF 2017 2. Heard Sri. P.N. Harish, learned counsel appearing for the petitioner and Smt. B.P. Radha, learned Additional Government Advocate appearing for respondents. 3. Having heard the counsel appearing for the parties and on careful consideration of the letter dated 10th September, 2008 (Annexure-D) addressed by the respondent No.3 to the respondent No.4, the same would indicate that, recommendation has been made by the respondent No.3 to the respondent No.4 to grant the land in favour of the petitioner to an extent of 3 acre 20 guntas. However, on perusal of the impugned order dated 24th June, 2014 (Annexure-E), it forthcoming that the very same respondent No.3-Authority interfered with the grant made in favour of the petitioner and same was erroneously confirmed by the respondent No.4 in the impugned order dated 02nd January, 2017 (Annexure-G) passed in Case No.RA.10/2014-15. Therefore, I am of the view that the reason assigned by the respondent No.3 in the impugned order dated 24th June, 2014 (Annexure-E) runs contrary to the recommendation made by the very same authority in the letter dated 10th September, 2008 (Annexure-D). Therefore, I find - 4 - HC-KAR NC: 2026:KHC:31669 WP NO.22918 OF 2017 force in the submission made by learned counsel appearing for the petitioner. Accordingly, I pass the following: O R D E R (i) Writ Petition allowed; (ii) Order dated 24th June, 2014 (Annexure-E) passed by the respondent No.3-Assistant Commissioner in Case No.LND.CR.5/2012-13 and order dated 02nd January, 2017 (Annexure- G) passed by the respondent No.4-Deputy Commissioner in Case No.R.A.10/2014 are hereby quashed; (iii) The matter is remitted back to the respondent No.3 to re-consider the issue afresh and take decision in accordance with law, taking into account the reasons assigned by the very same authority while recommendation made in the letter dated 10th September, 2008 (Annexure- D) addressed to the respondent No.4. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 53