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2026 DAILYLAW 45445 (KAR)

SMT. SAVITHRAMMA v. THE STATE OF KARNATAKA

WP/232/2026 · 2026-01-14

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2348 WP No. 232 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. 232 OF 2026 (KLR-RR/SUR) BETWEEN: SMT. SAVITHRAMMA W/O APPAIAH AGE 52 YEARS, R/A NO. 43, DODDAKUNTAHALLI, VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK AND DIST.-562109. …PETITIONER (BY SMT. GIRIJA B PATIL., ADVOCATE FOR SMT. GEETHA A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560001. 2. THE TAHSILDAR RAMANAGARA TALUK, RAMANAGARA-562159. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP ) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2348 WP No. 232 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DTD. 29.12.2025 BEARING NO. LND/CR/965- 1999-2000 VIDE ANNX-G ISSUED BY R-2 TO THE WRIT PETITION AND BY CONSIDERING THE REPRESENTATION DTD. 24.12.2025 VIDE ANNX-F, SAGUVALI CHIT MAY BE ISSUED IN ACCORDANCE WITH LAW. 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. Learned Counsel for the petitioner submits that earlier the petitioner was before this Court in W.PNo.6923/2025 and this Court by order dated 11th September, 2025 disposed of the writ petition with a specific direction to the Tahsildar, Ramanagara Taluk to place the application of the petitioner before the ‘Committee for Regularization of Unauthorized Occupation’ (hereinafter referred to as ‘the Committee’), within a period of one month from the date of receipt of a copy of the order. The Committee was thereafter directed to - 3 - HC-KAR NC: 2026:KHC:2348 WP No. 232 of 2026 consider the application and pass the necessary orders within a period of two months. However, the Tahsildar has now issued the impugned endorsement dated 29.12.2025 at Annexure–G, rejecting the application on the ground that the lands in question are within the prohibited distance from the boundary of the Bruhat Bengaluru Mahangara Palike (BBMP). Learned Counsel for the petitioner submits that at Annexure-C, which is the resolution passed by the Committee on 19.02.2018, regularizing the lands while considering the application of several applicants and at serial number 17 the name of the petitioner is found. The learned Counsel would therefore submit that the Committee has rightly taken a decision to regularise the lands in favour of the petitioner, since the application was filed in the year 1998 and at that point of time the lands were not within the prohibited distance from the boundary of the BBMP. This aspect of the matter was also not brought to the notice of this Court when the previous writ petition was filed. - 4 - HC-KAR NC: 2026:KHC:2348 WP No. 232 of 2026 3. There is substance in the submissions made by the learned Counsel for the petitioner. 4. Having heard the learned Counsel for the petitioner and on perusing the petition papers, this Court is of the opinion that if a decision is already taken by the Committee as found at Annexure-C dated 19.02.2018, then it is not permissible for the Tahsildar to reject the application. This Court has laid down the law that once a grant is made by the competent authority, then the Tahsildar has no other option than to question the grant before the Assistant Commissioner, invoking Rule 108K of the Karnataka Land Revenue Rules. This Court has also laid down the law that the application for regularisation of unauthorised occupation will have to be considered having regard to the date of the application and the boundaries of the local authority prevailing at that point of time. Therefore, the Tahsildar cannot issue such an endorsement rejecting the application, when once the - 5 - HC-KAR NC: 2026:KHC:2348 WP No. 232 of 2026 Committee has decided and resolved to grant the lands in favour of the petitioner. 5. In that view of the matter, the writ petition is allowed. The impugned endorsement dated 29.12.2025 issued by the 2nd respondent-Tahsildar, Ramanagara Taluk at Annexure-G is hereby quashed and set aside. The respondent-Tahsildar is thereby directed to proceed to pass necessary orders confirming the grants made by the Committee for Regularization of Unauthorized Occupation. The respondent-Tahsildar shall comply with the directions issued by this Court as expeditiously as possible and at any rate within a period of 2 (Two) months from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE DL CT: JL