- 1 - HC-KAR NC: 2026:KHC:19355 WP No. 32478 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 32478 OF 2025 (KLR-RES) BETWEEN: SRI. JOHSON JACOB S/O LATE K.T. CHAKO AGED ABOUT 66 YEARS, POST MADAMAKKI VILLAGE - 576 212, HEBRI TALUK, UDUPI DISTRICT. …PETITIONER (BY SMT. PRASANNA K, ADVOCATE FOR SRI. K. CHANDRANATH ARIGA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIKASA SOUDHA, DR. B.R. AMBEDKAR ROAD, BENGALURU - 560 001. 2. THE TAHASILDAR AND EXECUTIVE MAGISTRATE HEBRI TALUK, HEBRI - 576 112 UDUPI DISTRICT. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. CALL FOR Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19355 WP No. 32478 of 2025 RECORDS IN DCDRCR/8/24-25 (E-125833) DATED 16.09.2025 ON THE FILE OF RESPONDENT NO.2 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for all the respondents. 2. It is the contention of the petitioner that without considering the application filed by the petitioner in Form No.57 on 17.01.2019, seeking regularization of unauthorized occupation of 4 acres of land in Sy.No.40/3 of Madamakki Village, Hebri Taluk, Udupi District, acknowledgment for which is found at Annexure-E, the impugned notice has been issued by the Tahsildar, Hebri Taluk, threatening to evict the petitioner. 3. Learned High Court Government Pleader submits on instructions that the petitioner is already owning 5 acres 85 cents in Sy.No.40/8, which is acknowledged by the petitioner in paragraph No.3 of the petition and despite that, the petitioner - 3 - HC-KAR NC: 2026:KHC:19355 WP No. 32478 of 2025 has made an application seeking regularsiation of authorized occupation of 4 acres of land. 4. Having regard to the facts narrated hereinabove, this Court is of the considered opinion that the Tahsildar is bound to place the application filed by the petitioner before the Committee along with his/her recommendations/observations and it is for the Committee to take a decision as to whether the petitioner is entitled for grant of 4 acres of land or any lesser extent of land or none at all. Without consideration of the application, Tahsildar cannot proceed to evict the petitioner from the lands in question. 5. Accordingly, the writ petition stands disposed of while setting aside the impugned notice at Annexure-H issued by the respondent-Tahsildar, with further directions that the Tahsildar shall place the application filed by the petitioner before the committee for regularization of unauthorized occupation within a period of six weeks from the date of receipt of a copy of this order. 6. The committee shall thereafter consider the application and pass necessary orders as expeditiously as - 4 - HC-KAR NC: 2026:KHC:19355 WP No. 32478 of 2025 possible and at any rate within a period of two months from the date when which the application is placed by the Tahsildar before the Committee. 7. 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. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 26