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2026 DAILYLAW 50528 (KAR)

SMT HUVALI BAI v. STATE OF KARNATAKA

WP/32304/2024 · 2026-01-09

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1320 WP No. 32304 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 32304 OF 2024 (KLR-RES) BETWEEN: SMT HUVALI BAI W/O KRISHNANAYAK AGED ABOUT 56 YEARS, R/AT IDALLA KAVALU SALAGAME HOBLI, HASSAN TALUK-573201 …PETITIONER (BY SRI. JAGADEESH H T., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU-01. 2. DEPUTY COMMISSIONER HASSAN DIVISION HASSAN-573201. 3. THE LAND GRANT COMMITTEE HASSAN TALUK-573201 REPRESENTED BY ITS SECRETARY HASSAN TAHSILDAR-573201. 4. THE TAHSILDAR HASSAN TALUK-573201 HASSAN DISTRICT …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1320 WP No. 32304 of 2024 THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS TO CONSIDER TO THE REPRESENTATION AT ANNX-E DTD 11.02.2019 TO THE THASILDAR. 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 accepts notice for all the respondents. 2. The grievance of the petitioner is that the application filed in Form No.53 seeking regularization of unauthorised occupation of 3 acres 25 guntas of land in Survey No.1/80 of Idalla Kavalu Village, Salagame Hobli, Hassan Taluk, on 08.01.1999, has not been considered till date. In that regard, the petitioner has filed a representation dated 11.02.2019 to the Tahsildar. Therefore, the prayer in the petition is to direct the respondents to consider the representation at Annexure-E dated 11.02.2019. - 3 - HC-KAR NC: 2026:KHC:1320 WP No. 32304 of 2024 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 respondent No.3, ‘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.4-Tahsildar, Hassan Taluk, to verify from the records as to whether such an application filed by the petitioner in the year 1999, 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.3- - 4 - HC-KAR NC: 2026:KHC:1320 WP No. 32304 of 2024 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.3- 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 High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE KLY CT: JL