Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 26450 (KAR)

MANNUAL D SOUZA v. THE STATE OF KARNATAKA

WP/5362/2025 · 2026-07-01

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:32794 WP No. 5362 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 5362 OF 2025 (KLR-RES) BETWEEN: MANNUAL D'SOUZA, S/O. LATE ANTHONY FRANCIS D'SOUZA, SINCE DEAD BY HIS LEGAL HEIR, MR. JEROM D'SOUZA, S/O. LATE MANNUAL D'SOUZA, AGED ABOUT 61 YEARS, RESIDING AT KALLAI HOUSE, HAREKALA VILLAGE, HAREKALA, MANGALURU TALUK, D.K - 574 181. …PETITIONER (BY SRI. Y. RAJENDRA PRASAD SHETTY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRL. SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32794 WP No. 5362 of 2025 REPRESENTED BY ITS SECRETARY, 204-MANGALURU VIDHANASOUDHA ZONE (KSHETRA), ULLAL TALUK, NATIKAL, DAKSHINA KANNADA DISTRICT - 574 199. 3. THE TAHASILDAR, ULLAL TALUK, ULLAL, DAKSHINA KANNADA DISTRICT - 574 199. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE R2 TO REGULARIZE THE UNAUTHORIZED OCCUPATION OF THE PETITIONER IN RESPECT OF THE AGRICULTURE LAND PROPERTY BEARING SY. NO.74/3A, MEASURING 1.50 (1 ACRE 50 CENTS) SITUATED AT HAREKALA VILLAGE, ULLAL TALUK, (EARLIER MANGALURU TALUK) DAKSHINA KANNADA DISTRICT IN FAVOUR OF THE PETITIONER AND ISSUE SAGUVALI CHIT IN FAVOUR OF THE PETITIONER ON THE BASIS OF THE FORM NO. 50 AND 53 FILED BY THE PETITIONERS FATHER LATE MANUAL D'SOUZA, S/O LATE ANTHONY FRANCIS D'SOUZA ON 20/07/1991 AND 25/01/1999 ANNEXURE - B AND C AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2026:KHC:32794 WP No. 5362 of 2025 ORAL ORDER In this Writ Petition, the petitioner is assailing the endorsement dated 06.11.2024 (Annexure – A) issued by respondent No. 2. It is argued by the learned counsel appearing for the petitioner that the land in question which was in unauthorized occupation of the father of the petitioner and the sameis situated beyond 10 kms. from the Mangalore City Corporation and therefore, sought for interference of this Court. 2. Per contra, learned HCGP submitted that as on the date of the application made by the father of the petitioner during 1991, the relevant rules provides that the distance is to be 10 kilometres from the City Corporation and accordingly, learned HCGP sought for dismissal of the petition. 3. In the light of the submissions made by the learned counsel appearing for the parties and on careful consideration of the impugned endorsement dated - 4 - HC-KAR NC: 2026:KHC:32794 WP No. 5362 of 2025 06.11.2024 and also the provision contained under Section 94-A of the Karnataka Land Revenue Act, 1964 (Act for short) wherein, it is stated that in so far as the Belagavi, Kalaburagi, Hubballi - Dharawada, Mangaluru and Mysuru cities are concerned, the distance has been stated to be 10 kilometres. In that view of the matter, looking into the language employed in Section 94-A of the Act, I am of the view that, no interference is called for in this matter. Accordingly, petition is dismissed. SD/- (E.S.INDIRESH) JUDGE BVK List No.: 1 Sl No.: 25