- 1 - HC-KAR NC: 2026:KHC:6467 WP No.2447 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.2447 OF 2026 (KLR-LG) BETWEEN: 1. SRI. S.M. SATHISH S/O M.D. SINGAPPA GOWDA, AGED ABOUT 46 YEARS R/O MANDARAMAKKI (KONDIGERE) KIKRE VILLAGE, BHARATHINAGAR POST, SRINGERI TALUK-577139. CHIKMAGALURU DISTRICT. …PETITIONER (BY SRI. JAGADEESH D.C., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHICKMAGALUR DISTRICT CHICKMAGALUR - 577101. 2. THE TAHSILDAR SRINGER TALUK SRINGERI-577139. 3. THE COMMITTEE CONSTITUTED U/S 94(A AND C) OF K.L.R. ACT FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION AND CULTIVATION OF GOVERNMENT LAND, SRINGERI TALUK, SRINGERI-577139. BY ITS TAHASILDAR AND SECRETARY. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6467 WP No.2447 of 2026 4. THE PANCHAYATH DEVELOPMENT OFFICER, MENASE GRAMA PANCHAYATH, SRINGERI TALUK-577139. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.1 TO 3 TO CONSIDER THE APPLICATIONS OF PETITIONER FILED IN PRESCRIBED FORM-57 U/S 94A AND ALSO U/S 94C OF THE KLAR ACT, FILED FOR REGULARIZATION OF THE LAND AND AS WELL AS THE CONSTRUCTION MADE THEREUNDER, IN THE GUISE OF FORMING THE ROAD IN SY.NO.63 MEASURING 2-00 ACRES SITUATED AT KIKRE VILLAGE, KASABA HOBLI, SRINGERI TALUK, AND THE RULES FRAMED THERE UNDER VIDE ANNEXURES-C AND C1 DATED 06.07.2021 & DATED 30.03.2022 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 is directed to take notice for respondents No.1 to 3. Issue notice to respondent No.4. - 3 - HC-KAR NC: 2026:KHC:6467 WP No.2447 of 2026 2. It is the contention of the petitioner that he is in unauthorised occupation of 2 acres of land bearing Sy. No.63 of Kikre Village, Kasaba Hobli, Sringeri Taluk, and therefore, he has filed an application in Form No.57 on 06.07.2021 (Annexure-C) seeking regularisation of unauthorised occupation under Section 94A of the Act. At the same time, the petitioner contends that he has filed an application under Section 94C of the Act, seeking regularisation of dwelling house to be put up on the same land. In that regard, the petitioner has approached the Thasildar, Sringeri Taluk, seeking certified copy of the application filed under Section 94C of the Act, however, an Endorsement came to be issued as per Annexure-D dated 06.01.2026 stating that information sought for by the petitioner is not available in the original records. However, an entry has been made with regard to the application filed by the petitioner under Section 94C of the Act in the Registration Book and a copy of the same is issued along with the Endorsement. Learned counsel appearing for the - 4 - HC-KAR NC: 2026:KHC:6467 WP No.2447 of 2026 petitioner submits that prayer made in the writ petition is to issue the writ of mandamus, directing the respondent Nos. 1 to 3 consider the application filed by the petitioner in Form No.57 filed under Section 94A and application filed under Section 94C of the Act, and to pass necessary orders for regularisation of unauthorised occupation of the lands as well as the construction. 3. Per contra, learned Additional Government Advocate appearing for the respondent-State, submits that when it is clear in the Endorsement issued at Annexure-D that no information is available in the records regarding application filed by the petitioner and the information regarding application filed under Section 94C only is available, question of issuing direction to the Thasildar, to consider the applications said to have been filed by the petitioner in Form No. 57 does not arise. Moreover, it is submitted that two provisions contained in Section 94A and 94C of the Act are for two difference purposes. The provisions under Section 94A of the Act is for - 5 - HC-KAR NC: 2026:KHC:6467 WP No.2447 of 2026 regularisation of certain cases of unauthorised occupation by constituting committee by the Government. The provisions is for regularisation of unauthorised occupation of lands belonging to the Government but which are not within the prohibited distance as found in the table annexed to the said provisions. On the other hand, Section 94C of the Act is for grant of land in case of construction of dwelling house in the occupied land, where again the restriction is that the lands should not be within the jurisdiction of the BBMP, Municipal Corporations of various cities and the City Municipalities. 4. Learned Additional Government Advocate further submits that the question of considering the application seperately in respect of the dwelling house which is said to have been constructed in the same survey number, where the petitioner is also seeking regularisation of land to an extent of two acres, is not permissible again under the law. Nevertheless, it is submitted that when the Endorsement at Annexure-D clearly states that there is no - 6 - HC-KAR NC: 2026:KHC:6467 WP No.2447 of 2026 information available regarding the application filed by the petitioner for regularisation of the land, no direction can be issued to the authorities to consider such an application, which is not available on record. 5. Having heard the learned counsel appearing for the petitioner and learned Additional Government Advocate and perusing the petition papers, this court is of the considered view that even in the Endorsement at Annexure-D dated 06.01.2026, it is clearly stated that application filed by the petitioner under Section 94C of the Act is available on record. Therefore, the writ petition stands disposed of with the direction to respondent Nos. 2 and 3 to consider the application filed by the petitioner under Section 94C of the Act, and pass necessary orders as expeditiously as possible and at any rate, within an outer limit of three months from the date of receipt of certified copy of this order. - 7 - HC-KAR NC: 2026:KHC:6467 WP No.2447 of 2026 6. Needless to observe that, till the consideration of application filed by the petitioner as stated above, the possession of the petitioner regarding the dwelling house shall not be disturbed. 7. Contention of the petitioner regarding his application filed under Section 94A of the Act in Form No.57 is kept open. 8. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. SD/- (R DEVDAS) JUDGE SB List No.: 1 Sl No.: 6