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2026 DAILYLAW 45672 (KAR)

SRI. THIPPESHAPPA v. THE STATE OF KARNATAKA

WP/1041/2026 · 2026-01-21

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3533 WP No. 1041 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 1041 OF 2026 (KLR-LG) BETWEEN: 1. SRI. THIPPESHAPPA S/O SRI.SIDDARAMAPPA, AGED ABOUT 65 YEARS, R/A ARASINAGHATTA VILLAGE, CHANNAGIRI TQ., DAVANAGERE DISTRICT AND ALSO RESIDING AT NO.26, SIDDARAMESWARA NILAYA, KOTTEGANGE MAIN ROAD, SOMINAKOPPA, SHIVAMOGGA - 577 204 2. SRI.SHIVALINGAPPA BHOVI S/O LATE GURAVA BHOVI, AGED ABOUT 80 YEARS, 3. SRI. THIPPESHAPPA BHOVI S/O LATE GURAVA BHOVI, AGED ABOUT 78 YEARS, 4. SRI. RUDRAPPA BHOVI S/O LATE GURAVA BHOVI, AGED ABOUT 76 YEARS, PETITIONERS 2 TO 4 R/A ARASINAGHATTA VILLAGE, CHANNAGIRI TQ., Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3533 WP No. 1041 of 2026 DAVANAGERE DISTRICT - 577 213 …PETITIONERS (BY MISS. JANNAVI M, ADVOCATE FOR SRI. CHANDRAKANTH R. GOULAY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT, DAVANAGERE - 577 001. 3. THE ASSISTANT COMMISSIONER HONNALLI SUB DIVISION, DAVANAGERE DISTRICT - 577 001 4. THE TAHASILDHAR CHANNAGIRI, DAVANAGERE DISTRICT - 577 213 …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL THE RECORDS A) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE CLAIM OF THE PETITIONERS BY CONSIDERING THE REPRESENTATION MADE BY THE PETITIONER NO.1 FOR HIMSELF AND ON BEHALF OTHER PETITIONERS DATED 18.09.2025 VIDE ANNEXURE-E AND ALSO - 3 - HC-KAR NC: 2026:KHC:3533 WP No. 1041 of 2026 TO CONSIDER FOR REGULARIZATION / GRANT OF THE LAND TO THE EXTENT OF 2 ACRES EACH IN SY.NO.27 SITUATED AT ARASHINAGHATTA, CHANNAGIRI (T), DAVANGERE DIST AND ALSO KEEPING IN MIND THE POSSESSION AND CULTIVATION OF THE LAND BY THE PETITIONERS AND TO PASS APPROPRIATE SUITABLE ORDERS IN 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 Additional Government Advocate accepts notice for all the respondents. 2. It is the contention of the petitioner no.1 and his father had filed applications in Form No.53 dated 26.12.1998 and 26.11.1999 for grant of regularization of unauthorized occupation of 2 acres each of land in Sy.No.27 of Arashinaghatta Village, Channagiri Taluk, Davanagere District, as per Annexures-C and D and the same has not been considered till date. Therefore, the petitioner No.1 has filed a representation to respondent - 4 - HC-KAR NC: 2026:KHC:3533 WP No. 1041 of 2026 No.4-Tahsildar, Channagiri Taluk, to consider the applications in Form No.53 and the same has not been considered till date either. Hence, the prayer in the petition is to direct the respondents to consider the representation of the first petitioner to consider the applications in Form No.53. 3. 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 No.4-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. 4. Consequently, the writ petition stands disposed of with a specific direction to respondent No.4- Tahsildar, Channagiri Taluk, to verify from the records as to whether such applications have been filed by the 1st petitioner and his father in the years 1998 and 1999 are - 5 - HC-KAR NC: 2026:KHC:3533 WP No. 1041 of 2026 pending consideration. If it is found that such applications were indeed filed by the 1st petitioner and his father and the applications are yet to be considered, the respondent- Tahsildar is directed to place the applications before the Committee, along with his recommendation within a period of four weeks from the date of receipt of a copy of this order. Thereafter, the Committee shall consider the applications 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. 5. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 16