- 1 - HC-KAR CNR: KAHC010558222024 NC: 2026:KHC:48969 WP No. 27004 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.27004 OF 2024 (KLR-RES) BETWEEN: 1. SRI. AFTAB AHMED S/O SRI LAFEEFUDDEN AGED ABOUT 50 YEARS R/O 100 FEET ROAD NEW MANDLI SHIVAMOGGA - 577201. …PETITIONER (BY SRI. D.R. RAVISHANKAR, SENIOR COUNSEL FOR SRI. PRASHANTH H.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING BENGALURU - 560001 REPRESENTED. BY ITS SECRETARY. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010558222024 NC: 2026:KHC:48969 WP No. 27004 of 2024 2. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVMOGGA – 577201. 3. THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB DIVISION SHIVAMOGGA – 577201. 4. THE TAHSILDAR SHIVAMOGGA TALUK SHIVAMOGGA – 577201. 5. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT BY ITS SECRETARY – 577201. …RESPONDENTS (BY SRI. SHAMANTH NAIK, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS NOT TO DISPOSSESS THE PETITIONERS FROM THE SCHEDULE PROPERTY; AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010558222024 NC: 2026:KHC:48969 WP No. 27004 of 2024 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. In this Writ Petition, petitioner has sought for a direction to respondent not to dispossess the petitioner from the land in question and also challenged the impugned endorsement dated 20.06.2024 in case No.TAHSMG-REV0LND2/140/2024 (Annexure-A) passed by respondent No.4. 3. Having heard Sri. D.R. Ravishankar, learned Senior Counsel appearing on behalf of Sri. Prashanth H.S., learned counsel for the petitioner, and on careful consideration of the endorsement dated 20.06.2024 (Annexure-A) would indicate that respondent - authorities have rejected the application made by the petitioner on the ground that the land claimed by the petitioner is situate within 5 kms. from Shivamogga Corporation. In this regard, it is relevant to consider the fact that the respondent - authorities have to consider the distance as to regularisation of land in question under Section 94A of the karnataka Land Revenue Act, 1964, by taking into - 4 - HC-KAR CNR: KAHC010558222024 NC: 2026:KHC:48969 WP No. 27004 of 2024 consideration the date on which the application has been made by the petitioner. In that view of the matter, taking into consideration the declaration of law made by this Court in W.P.Nos.19474-79/2016 disposed of on 01.07.2017 (Annexure- K), I am of the view that there is no prohibition in granting land in the light of the order passed by this Court, by considering the date on which the application has been made by the petitioner. In that view of the matter, the matter is required to be remanded to the respondent No.4 to consider the finding recorded by this Court in the aforementioned Writ Petition and take decision in the matter, in accordance with law. 4. Accordingly, I pass the following: ORDER (i) The Writ Petition is allowed. (ii) The endorsement in case No.TAHSMG- REV0LND2/140/2024 dated 20.06.2024 (Annexure-A) issued by respondent No.4 is hereby set aside. (iii) The matter is remitted to respondent Nos.4 and 5 herein to reconsider the issue following the observation made - 5 - HC-KAR CNR: KAHC010558222024 NC: 2026:KHC:48969 WP No. 27004 of 2024 above by considering the date on which the application is preferred by the petitioner claiming regularisation of unauthorised occupation of the land in question in accordance with the provisions under the Karnataka Land Revenue Act, 1964, and the Rules made thereunder, within four months from the date of receipt of certified copy of this Writ Petition. (iv) Till the entire exercise gets completed by respondent Nos.4 and 5, respondent - authorities are directed not to dispossess the petitioner from the land in question. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 73