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2026 DAILYLAW 45571 (KAR)

SRI.SRINIVASA v. THE STATE OF KARNATAKA

WP/815/2026 · 2026-01-30

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5252 WP No. 815 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 815 OF 2026 (KLR-RR/SUR) BETWEEN: SRI.SRINIVASA S/O GUJJARAPPA AGED ABOUT 52 YEARS KODIYALA KARENAHLLI RAMANAGARA TALUK AND DISTRICT. …PETITIONER (BY SMT. GEETHA A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S BUILDING, BANGALORE-560001. 2. THE TAHSILDAR RAMANAGARA TALUK, RAMANAGARA DISTRICT-562159 …RESPONDENTS (BY SMT.NAVYA SHEKHAR., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMITTEE’S PROCEEDING ORDER DATED 10-11-2017 VIDE ANNEXURE-C ISSUED BY RESPONDENT NO.2 AND ENDORSEMENT BEARING NO.LND/CR/285/1999-2000 DATED 06-09-2025 VIDE ANNEXRE-F ISSUED BY RESPONDENT NO.2 TO THE WRIT PETITION AND BY CONSIDERING THE Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5252 WP No. 815 of 2026 REPRESENTATION OF PETITIONER, 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 Additional Government Advocate takes notice for all the respondents. 2. Learned counsel for the petitioner submits that earlier the petitioner was before this Court in W.P.No.9541/2024 being aggrieved of the action of the Tahsildar, Ramanagara Taluk, in rejecting the request made by the petitioner to receive kimmath and issue saguvali chit pursuant to the grant made by the Committee for Regularisation of Unauthorised Occupation. However, a submission was made by the learned Government Counsel that the Committee had infact resolved on 10.11.2017 and rejected the application filed by the petitioner and therefore there is no question of collecting kimmath. However, since a submission was - 3 - HC-KAR NC: 2026:KHC:5252 WP No. 815 of 2026 made at the hands of the learned counsel for the petitioner that the decision taken by the Committee on 10.11.2017 was never informed to the petitioner, this Court disposed of the writ petition with a direction to the Tahsildar to furnish a copy of the order/resolution dated 10.11.2017 passed by the Committee for Regularisation of Un-authorised Occupation to the petitioner. Liberty was also reserved to the petitioner to raise a challenge to the order passed by the Committee and accordingly this writ petition has been filed. 3. Learned counsel submits that the decision taken by the Committee was never communicated to the petitioner. Moreover, the ground for rejection as found in the impugned resolution is that all the applicants who sought regularisation of unauthorised occupation in Survey No.158 of Kodiyala Karenahalli Village, Bidadi Hobli, Ramanagara Taluk, Ramanagara District, were not in occupation of the lands and therefore a decision was taken to put up a construction of a Primary School and Hostel for - 4 - HC-KAR NC: 2026:KHC:5252 WP No. 815 of 2026 the children on the lands in question. Learned counsel submits that such a finding is incorrect. The petitioner continues to be in possession of the lands in question. However, learned Counsel draws the attention of this Court to Annexure-B sketch and submits that 37 Guntas of land appears to have been granted to the petitioner in Survey No.158 of Kodiyala Karenahalli Village, Bidadi Hobli, Ramanagara Taluk, Ramanagara District. The learned Counsel submits that this will be contrary to the resolution passed by the Committee. Moreover, it is submitted that total extent of land in Survey No.158 is 5 acres 19 guntas and what was granted for construction of the school is only 4 Acres, another extent of 8 Guntas is earmarked for construction of a Hostel at the hands of the Social Welfare Department. The petitioner has sought for regularisation of unauthorised occupation of 37 guntas. 4. Learned Additional Government Advocate submits that in terms of sub-rule (6) of Rule 108D of the Karnataka Land Revenue Rules, 1966, the - 5 - HC-KAR NC: 2026:KHC:5252 WP No. 815 of 2026 recommendation of the Committee shall be confirmed by an order of the Tahsildar and such an order passed by the Tahsildar on the recommendation of the Committee is appealable before the Assistant Commissioner. 5. In the considered opinion of this Court, since no orders are passed by the Tahsildar in the present case, the said provision will not apply in the present facts and circumstances of this case. However, on the facts sought to be submitted by the learned counsel for petitioner, this Court is of the considered opinion that the Committee for Regularisation of Unauthorised Occupation is required to reconsider the case of the petitioner while affording an opportunity of hearing to say that the petitioner always continued to be in possession of 37 Guntas of land which were sought for regularisation. 6. Accordingly, the matter stands remitted back to the Committee for Regularisation of Unauthorised Occupation. The earlier decision taken by the Committee at Annexure-C by resolution dated 10.11.2017, insofar as - 6 - HC-KAR NC: 2026:KHC:5252 WP No. 815 of 2026 the petitioner is concerned is hereby quashed and set aside. The Committee shall endeavour to inspect the property and collect information from the neighbours regarding the claim made by the petitioner that he continued to be in possession of the lands in question even as on the date when the application was considered by the Committee in the year 2017 and continues to be in possession even now. If these facts are found to be correct, then the Committee shall proceed to pass a resolution reconsidering the application filed by the petitioner. Accordingly, the 2nd respondent-Tahsildar, Ramanagara Taluk is hereby directed to place the application filed by the petitioner before the Committee, within a period of 6 weeks from the date of receipt of a copy of this order. The Committee shall reconsider the case of the petitioner after affording an opportunity of hearing to the petitioner, conduct the spot inspection and thereafter pass appropriate orders in accordance with law. The entire exercise shall be completed as expeditiously as - 7 - HC-KAR NC: 2026:KHC:5252 WP No. 815 of 2026 possible and at any rate within a period of three months from the date when the application will be placed by the Tahsildar before the Committee. Writ petition is disposed of accordingly. Learned Additional Government Advocate is permitted to memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT: JL