Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:4817 WP No. 120 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 120 OF 2026 (KLR-RES)
BETWEEN:
SRI. CLEMENT RAJ S/O LATE AROGYASWAMY, AGED ABOUT 50 YEARS, R/A NO.37, SUNKADAKATTE, SOMANAHALLI VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560 082. …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND:
1.
STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU 560 001.
2.
THE THASILDAR AND EX-OFFICIO CHAIRMAN FOR THE COMMITTEE FOR UNAUTHORISED OCCUPATION OF LAND, BANGALORE SOUTH TALUK, KANDAYA BHAVANA BANGALORE-560009. …RESPONDENTS (BY SRI.V. SESHU., HCGP)
Digitally signed by JUANITA THEJESWINI Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:4817 WP No. 120 of 2026
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE TAHSILDAR, R-2 TO CONSIDER THE FORM NO. 53 FILED BY PETITIONER IN ACCORDANCE WITH LAW AS PER ANNX-C.
FURTHER TO ISSUE A DIRECTION DIRECTING THE TAHSILDAR, R-2 NOT TO TAKE ANY DRASTIC STEP OF DISPOSSESSION THE PETITIONER FROM THE PORTION OF THE LAND MEASURING 2 ACRE IN SURVEY NO.37 ON WHICH PETITIONER FILED FORM NO.53 TILL THE CONSIDERATION OF FORM NO. 53 IN ACCORDANCE WITH LAW IN ANY MANNER AS PER ANNX-C.
THIS PETITION, COMING ON FOR ORDERS, 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 both the respondents.
2. Learned Counsel for the petitioner submits that the petitioner has filed an application in Form No.53 on 27.08.1991 seeking regularization of unauthorized occupation as can be seen from Annexure-C, which is a copy of the application. However, till date no orders have been passed on the application filed by the petitioner.
3. The prayer in the writ petition is to issue writ of mandamus directing the respondent-authorities to
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HC-KAR NC: 2026:KHC:4817 WP No. 120 of 2026
consider the application filed by the petitioner seeking regularization of unauthorized occupation of 2.00 Acres of land in Sy.No.37 of Sunkadakatte village, Uttarahalli Hobli, Bengaluru South Taluk.
4. Having regard to the contentions raised in the writ petition and submission of the learned Counsel for the petitioner, this Court is of the considered opinion that respondent-Tahsildar was duty bound to place the application filed by the petitioner before the ‘Committee for Regularization of Unauthorized Occupation’ and the Committee was also duty bound to consider the application and pass necessary orders.
5. Consequently, the writ petition stands disposed of with a specific direction to respondent No.2-Tahsildar, Bengaluru South Taluk, to verify from the records as to whether such an application in Form No.53 is filed by the petitioner on 27.08.1991, is pending consideration. If it is found that such application was indeed filed by the
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HC-KAR NC: 2026:KHC:4817 WP No. 120 of 2026
petitioner and the application is yet to be considered, the respondent-Tahsildar is directed to place before the ‘Committee for Regularization of Unauthorised Occupation’ the application along with his recommendation within a period of two months from the date of receipt of a copy of this order. Thereafter, the Committee shall consider the application and pass necessary orders in accordance with law as expeditiously as possible and at any rate within a period of two months thereafter. Ordered accordingly.
6. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today.
Sd/- (R DEVDAS) JUDGE
DL CT: JL