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2026 DAILYLAW 45676 (KAR)

SRI.DEVARAJEGOWDA v. THE STATE OF KARNATAKA

WP/505/2026 · 2026-01-12

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1726 WP No. 505 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 505 OF 2026 (KLR-REG) BETWEEN: SRI.DEVARAJEGOWDA AGED ABOUT 66 YEARS S/O. LATE JAVARE GOWDA R/O. SABBATTI HANDARANGI, ARAKALAGUDU HASSAN-573 130 …PETITIONER (BY SRI. K C SHANTA KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REP. BY ITS PRINCIPAL SECRETARY M.S. BUILDINGS, AMBEDKAR VEEDI BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN-573 201. 3. THE ASSISTANT COMMISSIONER SAKALESHPURA SUB-DIVISION SAKALESHPURA 2573134 HASSAN DISTRICT. 4. THE LAND GRANT COMMITTEE ARAKALAGUDU TALUK HASSAN DISTRICT - 573 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1726 WP No. 505 of 2026 REP. BY ITS SECRETARY 5. THE TAHSILDAR ARAKALAGUDU TALUK HASSAN DISTRICT 573 130 …RESPONDENTS (BY SMT. NAVYA SHEKHAR., AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R4 AND 5 TO CONSIDER THE RECEIPT OF THE APPLICATION OF THE PETITIONER TO REGULARIZE HER UNAUTHORIZED CULTIVATION OF LAND BEARING SY. NO. 14 MEASURING AN EXTENT OF 1 ACRE 06 GUNTAS SITUATED AT SABBATTI VILLAGE, KONANUR HOBLI, ARAKALAGUDU TALUK, HASSAN DISTRICT, VIDE ANNX-A DATED 15.12.1998 AND TO PASS APPROPRIATE ORDERS 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 accepts notice for all the respondents. 2. The grievance of the petitioner is that the application filed in Form No.53 dated 15.12.1998 seeking regularization of unauthorised occupation of 1 acre 6 guntas of land in Survey No.14 of Sabbatti Village, - 3 - HC-KAR NC: 2026:KHC:1726 WP No. 505 of 2026 Konanur Hobli, Arakalagudu Taluk, Hassan District, has not been considered till date. Therefore, the prayer in the petition is to direct the respondents to consider the said application. 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.5-Tahsildar was duty bound to place the application filed by the petitioner before respondent No.4, ‘Committee for Regularization of Unauthorized Occupation’ and the Committee was also duty bound to consider the application and pass necessary orders. That exercise not having been taken by the respondent authorities, the respondents cannot evict the petitioner without consideration of the application of the petitioner. 4. Consequently, the writ petition stands disposed of with a specific direction to respondent No.5-Tahsildar, Arakalagudu Taluk, to verify from the records as to whether such an application filed by the petitioner in the - 4 - HC-KAR NC: 2026:KHC:1726 WP No. 505 of 2026 year 1998, is pending consideration. If it is found that such an application was indeed filed by the petitioner and the application is yet to be considered, the respondent- Tahsildar is directed to place before respondent No.4 - Committee, the application along with his recommendation within a period of four weeks from the date of receipt of a copy of this order. Thereafter, respondent No.4- 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. 5. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE KLY CT: JL