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2026 DAILYLAW 47396 (KAR)

SMT. RATHNAMMA v. THAHSILDAR

WP/9743/2024 · 2026-01-13

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1941 WP No. 9743 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 9743 OF 2024 (KLR-RES) BETWEEN: SMT. RATHNAMMA W/O HANUMANTHA BHOVI, AGED ABOUT 50 YEARS, THINMALAPURA VILLAGE, GONDHIHALLI POST, PURUVARA HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT, PIN-572132. &PETITIONER (BY SRI. ANJANEYA, ADVOCATE) AND: 1. THAHSILDAR, MADHUGIRI TALUK, MADHUGIRI, TUMKUR DISTRICT, PIN-572132. 2. The ASSISTANT COMMISSIONER, MADHUGIRI TALUK, TUMKUR DISTRICT, PIN-572132. Digitally signed by JAI JYOTHI J Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1941 WP No. 9743 of 2024 3. THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, PIN-57213 4. THE SECRETARY REVENUE DEPARTMENT, KARNATAKA GOVT, M S BUILDING, BENGALURU-560001. &RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO GRANT THE LAND AN EXTENT OF 2-06 ACRES IN SURVEY NO. 201 SITUATED AT THIMMALAPURA VILLAGE AND GRANT SUCH OTHER RELIEFS DEEM FIT TO THIS HON"BLE COURT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER R.DEVDAS J., (ORAL): Learned Additional Government Advocate accepts notice for all the respondents. - 3 - HC-KAR NC: 2026:KHC:1941 WP No. 9743 of 2024 2. The grievance of the petitioner is that the application filed in Form No.57 seeking regularization of unauthorised cultivation of 2 acres 6 guntas of land in Survey No.201 of Thimmalapura Village, Puravara Hobli, Madhugiri Taluk, Tumakuru District on 11.01.2019, has not been considered till date. In that regard, the petitioner had filed representations to the respondents at Annexure- H to H4, the respondent No.1-Tahsildar has not considered the representations of the petitioner. Hence, the prayer in the petition is to direct the respondents to consider the said representations. 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.1-Tahsildar was duty bound to place the application filed by the petitioner before the 'Committee for Regularisation of Unauthorised Occupation and the Committee was also duty bound to consider the application and pass necessary orders. That exercise not - 4 - HC-KAR NC: 2026:KHC:1941 WP No. 9743 of 2024 having been taken by the respondents 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.1- Tahsildar, Madhugiri Taluk, to verify from the records as to whether such applications filed by the petitioner in the year 2019, 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 No.1-Tahsildar is directed to place before the 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, respondents 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 - HC-KAR NC: 2026:KHC:1941 WP No. 9743 of 2024 5. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE PSJ List No.: 1 Sl No.: 18