- 1 - HC-KAR NC: 2026:KHC:2963 WP No. 32972 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 32972 OF 2025 (KLR-RES) BETWEEN: 1. RATHNAMMA AGED ABOUT 65 YEARS W/O LATE M.P. NAGARAJAPPA RIO ABBALAGERE VILLAGE, HOLALURU-L HOBLI, SHIVAMOGGA TALUK-577 201, SHIVAMOGGA DISTRICT. …PETITIONER (BY SRI. P.N.HARISH,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB DIVISION, SHIVAMOGGA-577 201. 3. TAHASILDHAR SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2963 WP No. 32972 of 2025 4. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION OF CERTAIN GOVERNMENT LANDS; TALUKA OFFICE, SHIVAMOGGA TALUK, BY ITS SECRETARY. 5. CHIEF CONSERVATOR OF FOREST SHIVAMOGGA CIRCLE, SHIVAMOGGA-577 201. 6. DEPUTY CONSERVATOR OF FOREST REGIONAL DIVISION, SHIVAMOGGA-577 201. 7. THE AUTHORIZED OFFICER AND ASSISTANT CONSERVATOR OF FORESTS, SHIVAMOGGA SUB-DIVISION, SHIVAMOGGA DISTRICT-577 201. …RESPONDENTS (BY SRI. SESHU V, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 14.03.2025 PASSED BY THE THIRD RESPONDENT IN TAHSMG-ADM/ 47/2025 (623096) PRODUCED AS PER ANNEXURE-F TO THE WRIT PETITION AND THEREBY DIRECT THE RESPONDENTS 3 AND 4 TO REGULARIZE THE UNAUTHORIZED CULTIVATION OF THE PETITIONER OVER AN EXTENT OF 3 ACRES OF LAND IN SY.NO.23 AS CLAIMED BY HER THROUGH APPLICATION DATED 01.09.1991 PRODUCED AS PER ANNEXURE-B TO THE WRIT PETITIONVT THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS - 3 - HC-KAR NC: 2026:KHC:2963 WP No. 32972 of 2025 ORAL ORDER Learned High Court Government Pleader takes notice for all the respondents. 2. Learned counsel for the petitioner submits that earlier when the application filed by the petitioner seeking regularisation of unauthorised occupation was rejected along with 67 other persons on the ground that the land is within the prohibited distance from the boundary of Shivamogga Municipal Corporation, the petitioner approached the Assistant Commissioner by filing an appeal in LND CR-114/19-20. The Assistant Commissioner passed the order at Annexure-'C' dated 21.12.2019 setting aside the order passed by the 'Committee for Regularisation of Unauthorised Occupation' headed by the Tahasildar, while directing the Committee to reconsider the issue after securing information from the competent authority regarding the distance. - 4 - HC-KAR NC: 2026:KHC:2963 WP No. 32972 of 2025 3. Learned counsel submits that without complying with the directions issued by the Assistant Commissioner, the Tahasildar has issued the impugned endorsement at Annexure-'F' dated 14.03.2025 once again declaring that the lands in question are within the prohibited distance from the boundary of the Shivamogga Municipal Corporation. 4. Learned counsel submits that one more aspect has been included in the impugned endorsement stating that the lands in question are forest lands in terms of the latest RTC. Learned counsel however, submits while pointing out to Annexure-'E' RTC that in Survey No.23, the total extent of land is 391 acres 21 guntas and out of the said extent, 313 acres 31 guntas are forest lands and the remaining are non-forest lands. It is also pointed out from column No.11 that the name of private individuals are also found therein. 5. Having heard the learned counsel for petitioner, learned HCGP and on perusing the petition papers, this - 5 - HC-KAR NC: 2026:KHC:2963 WP No. 32972 of 2025 Court is of the considered opinion that the respondent- Tahasildar, Shivamogga has fallen in error in issuing the impugned endorsement for more than one reason. Firstly, the Tahasildar should have placed the matter before the Committee for Regularisation of Unauthorised Occupation for reconsideration in terms of the directions issued by the Assistant Commissioner. 6. Secondly, the Tahasildar could not have incorporated one more reason for rejecting the application by saying that the lands are forest lands. The Tahasildar has failed to apply his mind while making recommendations to the Committee. It is also a fact that this Court has laid down the law as to the consideration regarding the distance from the boundary of the local body in terms of the provision applicable. This Court has laid down the law that the distance has to be measured having regard to the date of the application and the jurisdiction of the local authority as on the day when the application was filed and not when the application is taken up for - 6 - HC-KAR NC: 2026:KHC:2963 WP No. 32972 of 2025 consideration. In this case, the application for regularisation of unauthorised occupation is said to have been filed in the year 1991. Therefore, the distance will have to be measured having regard to the boundary and jurisdiction of the local authority in the year 1991. The committee will also have to secure proper information regarding the extent of forest lands in Survey No.23 and cannot blindly reject the application while stating that the lands are forest lands. With these observations, the writ petition is allowed while setting aside the impugned endorsement at Annexure-'F' dated 14.03.2025 issued by the Tahasildar, Shivamogga Taluk. 7. The Tahasildar, Shivamogga Taluk is hereby directed to place before the Committee, the application filed by the petitioner along with all necessary information having regard to the observations made by this Court in the matter of distance between the land in question and the boundary of the then Shivamogga Municipality which was prevailing in the year 1991. The correct information - 7 - HC-KAR NC: 2026:KHC:2963 WP No. 32972 of 2025 regarding the extent of forest lands and the remaining extent which is available for grant should also be stated by the Tahasildar in his recommendation. 8. The Tahsildar shall place the application of the petitioner before the Committee as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. The Committee shall thereafter consider the application and dispose of the same as expeditiously as possible and at any rate within a period of three months from the date when the application is placed before the Committee by the Tahasildar. 9. Ordered accordingly. Sd/- (R DEVDAS) JUDGE SSD List No.: 1 Sl No.: 38