Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:4689 WP No. 31330 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 31330 OF 2025 (KLR-RES) BETWEEN:
SRI DHARMAIAH S/O LATE CHANNALAH AGED ABOUT 62 YEARS RESIDENT OF KUMBARAHALLI VILLAGE, YASALURU HOBLI, SAKALESHPURA TALUK HASSAN DISTRICT 573137 …PETITIONER (BY SRI. DHANANJAYA D L., ADVOCATE) AND:
1.
STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING BENGALURU 560 001
2.
THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN 573 201
3.
THE ASST. COMMISSIONER SAKALESHPURA SUB-DIVISION SAKALESHPURA HASSAN DISTRICT 573 134
Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:4689 WP No. 31330 of 2025
4.
THE TAHSILDAR SAKALESHPURA TALUK, HASSAN DISTRICT - 573 134
5.
COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION OF LAND REP BY ITS SECRETARY THE TAHASILDAR SAKALESHPURA TALUK, SAKALESHPURA, HASSAN DISTRICT - 573 134 …RESPONDENTS (BY SRI.V.SESHEE, HCGP FOR R1 TI R3)
THIS WP IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-4 AND 5 AND THE OTHER RESPONDENTS TO CONSIDER THE APPLICATIONS OF THE PETITIONER DTD 31.12.1998 WHICH ARE PRODUCED AT ANNX-A AND B RESPECTIVELY AND HIS FINAL REPRESENTATION DTD 07.07.2025 WHICH ARE PRODUCED AT ANNX-F FOR GRANT OF SCHEDULE PROPERTY TO HIM WITHIN THE TIME LIMITS THAT MAY BE FIXED BY THIS HONBLE COURT.
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 Court Government Pleader accepts notice for all the respondents.
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HC-KAR NC: 2026:KHC:4689 WP No. 31330 of 2025
2. The grievance of the petitioner is that his application filed in Form No.53 dated 31.12.1998 seeking regularization of unauthorised occupation of land in respective of 1 acre and 30 guntas of land in Sy.No.31 and 1 acre 30 guntas in Sy.No.42 of Kumbrahalli Village, Yasaluru Hobli, Sakaleshpura 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 and till
consideration, direct the respondents not to interfere with the peaceful possession and enjoyment of the petition schedule properties.
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.2-Tahsildar was duty bound to place the application filed by the petitioner before the ‘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 done by the
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HC-KAR NC: 2026:KHC:4689 WP No. 31330 of 2025
respondent-Tahsildar, he cannot proceed to disturb the possession of the petitioner.
4. The writ petition stands disposed of with a specific direction to respondent No.4-Tahsildar, Sakaleshpura Taluk, to verify from the records as to whether such applications filed by the petitioner at Annexure-A is pending consideration. If it is found that such application was indeed filed by the petitioner and the application is yet to be considered, the Tahsildar is
directed to place before the resdponent No.5-Committee for regularisation of unauthorised occupation, the applications along with his recommendation within a period of two months from the date of receipt of a copy of this order. Thereafter, the Committee shall consider the applications and pass necessary orders in accordance with law as expeditiously as possible and at any rate within a period of two months.
5. Needless to observe that till the application of the petitioner is disposed of in terms of the directions issued by this Court the possession of the petitioner in respect of the petition schedule property shall not be disturbed.
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HC-KAR NC: 2026:KHC:4689 WP No. 31330 of 2025
Ordered accordingly.
Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.
Sd/- (R DEVDAS) JUDGE
rv List No.: 1 Sl No.: 12