Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 51196 (KAR)

SRI. CHINNAGIRI v. THE STATE OF KARNATAKA

WP/34821/2025 · 2026-01-05

R Devdas

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:84 WP No. 34821 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.34821 OF 2025 (KLR-RES) BETWEEN: 1. SRI. CHINNAGIRI S/O. GIRIYA BHOVI, AGED ABOUT 42 YEARS, 2. SRI. BETTEGOWDA S/O. SRI. SHEEREGOWDA, AGED ABOUT 64 YEARS, 3. SRI. GOVINDAIAH S/O. SRI. DODDAGURUVAIAH, AGED ABOUT 74 YEARS 4. SRI. GOVINDAIAH S/O. SRI. GIRIYA BHOVI, AGED ABOUT 52 YEARS, 5. SMT. SAROJAMMA W/O. SRI. BETTEGOWDA, AGED ABOUT 57 YEARS, PETITIONERS 1 TO 5 ARE R/O HULIBELE COLONY, HORALAGALLU POST, KASABA HOBLI, KANAKAPURA TALUK BENGALURU SOUTH DISTRICT 562117 …PETITIONERS (BY SMT. PRIYANKA G.M., ADVOCATE FOR SRI. ABHINAV ANAND K., ADVOCATE) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:84 WP No. 34821 of 2025 AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT (LAND GRANTS), REVENUE DEPARTMENT, KARNATAKA GOVERNMENT SECRETARIAT, M. S. BUILDING, DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001. 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT FOREST DEPARTMENT, (FOREST ECOLOGY AND ENVIRONMENT DEPARTMENT), KARNATAKA GOVERNMENT SECRETARIAT, M. S. BUILDING, DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER BENGALURU SOUTH DISTRICT, (THEN RAMANAGARA DISTRICT), RAMANAGARA-562 159. 4. THE TAHSILDAR KANAKAPURA TALUK, KANAKAPURA-562 117, BENGALURU SOUTH DISTRICT. 5. THE LAND GRANT COMMITTEE KANAKAPURA TALUK, KANAKAPURA-562 117, BENGALURU SOUTH DISTRICT, REP. BY ITS SECRETARY AND EX-OFFICIO TAHSILDAR OF KANAKAPURA TALUK. …RESPONDENTS (BY SMT. NAVYA SHEKHAR., AGA) - 3 - HC-KAR NC: 2026:KHC:84 WP No. 34821 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS 4 AND 5 TO HOLD ENQUIRY ON FORM NO.50 FILED BY THE 1ST PETITIONERS AS PER ACKNOWLEDGEMENT DATED. 12.03.2019 ANNEXURE-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 Additional Government Advocate accepts notice for all the respondents. 2. The grievance of the petitioner is that the application filed in Form No.50 seeking regularization of unauthorised occupation of 2 acres of land in Survey No.37 of Kunoor Village, Kasaba Hobli, Kanakapura Taluk, on 12.03.2019, 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 property. - 4 - HC-KAR NC: 2026:KHC:84 WP No. 34821 of 2025 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.5, ‘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, Kanakapura Taluk, Bengaluru South District, to verify from the records as to whether such an application 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-Tahsildar is directed to place before - 5 - HC-KAR NC: 2026:KHC:84 WP No. 34821 of 2025 respondent No.5-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.5-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. 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. Ordered accordingly. 6. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE KLY