Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:2173 WP No. 202 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 202 OF 2026 (KLR-RES) BETWEEN: SHANTHAKUMARI WIFE OF SHIVALINGAPPA, AGED ABOUT 43 YEARS, RESIDENT OF M.C. HALLI, KASABA-HOBALI, TARIKERE-TALLUK CHIKKAMAGALUR -DISTRICT. …PETITIONER (BY SRI. R.P. MUNJOII, ADVOCATE FOR SRI. M.R. HIREMATHAD, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDHI BANGALORE - 560 001.
2.
THE DEPUTY COMMISSIONER, CHIKKAMAGALUR-DISTRICT., CHIKKAMAGALUR - 577 101.
3.
THE THAHASILDAR, TARIKERE TALLUK, TARIKERE - 577 101. …RESPONDENTS (BY SRI. SESHU V, HCGP) Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:2173 WP No. 202 of 2026
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE 3RD RESPONDENT TO CONSIDER THE APPLICATION DATED 21- 09-2021 FILED BY THE PETITIONER BY DIRECTING THE RESPONDENT NO 3 IN RESPECT OF THE SITE BEARING PROPERTY NO 86, ASSESSMENT NO 89 WITHIN THE LIMITS OF M.C. HALLI GRAMA PANCHAYATH, CARVED OUT IN SY NO 441OF M.C. HALLI VILLAGE., VIDE APPLICATION PRODUCED AT ANNEXURE-D AND PASS SUCH OTHER ORDER OR DIRECTIONS WHICH THIS HON BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY 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 both the respondents.
2. The grievance of the petitioner is that her Application filed on 21.09.2021 in Form 3A, under Rule 108Q of the Karnataka Land Revenue Rules, 1966, seeking regularization of unauthorized occupation of a House Site
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HC-KAR NC: 2026:KHC:2173 WP No. 202 of 2026 measuring 30 x 45 feet, the 3rd respondent-Tahsildar, Tarikere Taluk, has not considered the same till date.
3.
Learned Counsel for the petitioner states that the 3rd respondent-Tahsildar had also initiated criminal cases against the petitioner and had subsequently withdrawn the same. It is clear from the provisions contained in section 192-A of the Karnataka land Revenue Act, 1964, that there exists a punishment prescribed for any person who unlawfully enters or occupies on any government land with the intention of holding that land. However, the proviso in column(2) of Sl.No.1 of the table in Section 192A stated that the provision shall not be applicable to cases where applications for regularization are pending
consideration before the Committees constituted under Sections 94A, 94B of the Act.
4. The writ petition is accordingly disposed of, with a direction to the 3rd respondent-Tahsildar, Tarikere Taluk, to verify as to whether the application filed by the
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HC-KAR NC: 2026:KHC:2173 WP No. 202 of 2026 petitioner on 21.09.2021, is still pending consideration before the Committee. If on verification it is found that the application is still pending consideration, then the Tahsildar shall proceed to consider the same and pass necessary orders in accordance with law as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order.
5. Needless to observe that no precipitative action shall be taken against the petitioner till necessary orders are passed by the Tahsildar.
6. Learned High Court Government Pleader is permitted to file his memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 8