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2026 DAILYLAW 48844 (KAR)

P.R. SUDHA v. STATE OF KARNATAKA

WP/19462/2024 · 2026-01-14

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2145 WP No. 19462 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 19462 OF 2024 (KLR-RES) BETWEEN: P.R. SUDHA AGED ABOUT 57 YEARS W/O P.R. RAMANNA C/O P.R. RAMANNA PARAMALE HOUSE PARAMALE FARMS, CHARMATHA NALKOORU, DAKSHINA KANNADA - 574 218. …PETITIONER (BY SRI. KARUNAKARA P, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. DEPUTY COMMISSIONER MANGALORE, DAKSHINA KANNADA DISTRICT - 575 008. 3. THE ASSISTANT COMMISSIONER PUTTUR, Digitally signed by JAI JYOTHI J Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2145 WP No. 19462 of 2024 DAKSHINA KANNADA DISTRICT - 574 201. 4. THE TAHASILDAR SULLIA TALUK OFFICE SULLIA, D.K. DISTRICT - 574 239. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS W.P. IS FILED UNDER ARTICLES 225 AND 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 17.03.2023 PASSED BY R-4 IN N. C.R.920/2022-23 AT ANNX-A 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 High Court Government Pleader takes notes for all the respondents. 2. The petitioner is aggrieved of the impugned communication at Annexure-A dated 17.03.2023 made by the Tahsildar to the Deputy Commissioner, Dakshina Kannada District, stating that the application filed by the petitioner in Form No.57 is required to be rejected on more than one ground. It is stated that the petitioner does not belong to - 3 - HC-KAR NC: 2026:KHC:2145 WP No. 19462 of 2024 Nallkuru Village, where the lands sought by the petitioner for regularization is situated. Secondly, the petitioner does not have any patta lands in the said village. Learned counsel for the petitioner however submits that Annexure-B is the endorsement dated 15.05.2023 issued by the Tahsildar, Sulia Taluk, rejecting the application. However, the Tahsildar has no such powers to reject the application and the application is required to be placed before the Committee for regularisation of unauthorised occupation. 3. Learned High Court Government Pleader, however, submits that there is a reference to the order passed by the Deputy Commissioner in the endorsement at Annexure-B referring to the order dated 26.04.2023 passed by the Deputy Commissioner rejecting ineligible applications. 4. Learned High Court Government Pleader submits that Rule 108CCC more particularly, sub-rule 3, prescribes the procedure regarding ineligible applications and the Tahsildar is required to forward the ineligible applications to the Deputy Commissioner for further necessary action and the Deputy Commissioner is empowered to reject such ineligible - 4 - HC-KAR NC: 2026:KHC:2145 WP No. 19462 of 2024 applications. Nevertheless, if it is an order passed by the Deputy Commissioner, it would become an appealable order in terms of Section 49(C) of the Karnataka Land Revenue Act, 1964. 5. Accordingly, the writ petition stands disposed of, reserving liberty to the petitioner to raise a challenge to the order passed by the Deputy Commissioner. However, since learned counsel for petitioner submits that the copy of the order passed by the Deputy Commissioner is not furnished to the petitioner, the respondent-Tahsildar and the Deputy Commissioner, Dakshina Kannada District, are hereby directed to furnish a copy of the order dated 26.04.2023, which is in reference No.2 in the endorsement dated 15.05.2023 of the Tahsildar, to the petitioner as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of a copy of this order. Ordered accordingly. - 5 - HC-KAR NC: 2026:KHC:2145 WP No. 19462 of 2024 Learned High Court Government Advocate is permitted to file memo of appearance within a period of two weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 18