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2026 DAILYLAW 25956 (KAR)

SMT KAMALAMMA I G v. STATE OF KARNATAKA

WP/16364/2026 · 2026-07-02

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33174 WP No. 16364 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.16364 OF 2026 (KLR-REG) BETWEEN: 1. SMT. KAMALAMMA I.G. W/O SRI. RANGAIAH, AGED ABOUT 46 YEARS, R/O. RAMALINGAPURA POST, BUKKAPATTANA HOBLI, MADENA HALLI, SIRA TALUK, TUMKUR DISTRICT-572115. …PETITIONER (BY SRI.VIGNESHWARA SHASTRY SENIOR COUNSEL FOR SRI. H. DEVENDRAPPA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL REVENUE SECRETARY DEPARTMENT OF REVENUE GOVT. OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560001. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33174 WP No. 16364 of 2026 2. THE DEPUTY COMMISSIONER, TUMKUR DISTRICT-572115. 3. THE TAHSILDAR, KONDLI VILLAGE, GUBBI TALUK, NITTOOR HOBLI, TUMKUR DISTRICT-572115. 4. THE COMMITTEE FOR REGULARISATION OF UNAUTHORISED CULTIVATION OF GOVERNMENT LAND, GUBBI TALUK, TUMKUR DISTRICT- 572115 REPRESENTED BY MEMBER SECRETARY AND TAHSILDHAR. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SURVEY SKETCH REPORT DATED 13.05.2026 VIDE ANNEXURE -F ISSUED BY RESPONDENT NO.3 .B) DIRECT/ WRIT OF MANDAMUS CONSIDERING THE FORM NO.57 FLED BY THE PETITIONER ON 13.02.2019 VIDE ANNEXURE -A, FOR GRANT OF UNAUTHORISED OCCUPATION OF SCHEDULE LAND. - 3 - HC-KAR NC: 2026:KHC:33174 WP No. 16364 of 2026 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 1. Heard Sri. Vighneshwara Shastry, learned Senior Counsel appearing on behalf of Sri. H. Devendrappa, learned counsel for the petitioner and Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for the respondents. 2. Sri. Vigneshwara Shastry, learned Senior Counsel for the petitioner invited the attention of the Court to the application made by the petitioner on 13.02.2019 (Annexure-A) and contended that, the said application is pending consideration before the respondent - authority for more than 7 years and he further argued by referring to the Annexure- B that the total extent of land is 34 acres 24 guntas, however, a portion of land has been made in favour of Social Welfare Committee and for Zllla Panchayat and therefore, contended that, exigency is required to consider the application made by the petitioner. - 4 - HC-KAR NC: 2026:KHC:33174 WP No. 16364 of 2026 3. Per contra, Sri. Spoorthy Hegde N., learned High Court Government Pleader referred to Annexure- B and submitted that an extent of 8 acres 20 guntas is already made in respect of the Social Welfare Department and an extent of 20 guntas has already been made in favour of the Panchayat Raj Department and the remaining land is to an extent of 18.24 acres and therefore, he submitted that at this juncture, application made by the petitioner cannot be accepted. 4. In the light of the submission made by the learned counsel appearing for the parties on careful consideration would indicate that application at Annexure-A made on 13.02.2019, however the same has not been attended to by the respondent - authority. 5. In that view of the matter, it is open for the respondent - authority to consider the aforesaid application made by the petitioner in the light of the provisions contained under the relevant Act and take decision in the matter at the earliest. 6. It is made clear that as the petitioner has produced the photographs showing that the petitioner is in possession of the land in question, as per Annexure-G series, the parties shall - 5 - HC-KAR NC: 2026:KHC:33174 WP No. 16364 of 2026 maintain status-quo in respect of the land in question, till the consideration of the application at Annexure-A by the competent authority. 7. With the above observation, the Writ Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 56