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2026 DAILYLAW 51223 (KAR)

SRI.K.P. HARISH v. THE STATE OF KARNATAKA

WP/34804/2025 · 2026-01-05

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:89 WP No. 34804 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. 34804 OF 2025 (KLR-RR/SUR) BETWEEN: SRI.K.P. HARISH AGED ABOUT 52 YEARS, S/O PUTTE GOWDA R/O KOLANGI VILLAGE MALIPATNA HOBLI, ARAKALGUD TALUK HASSAN 573142. …PETITIONER (BY SRI. K C SHANTA KUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REP. BY ITS PRINCIPAL SECRETARY M S BUILDING, AMBEDKAR VEEDHI BENGALURU 560001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN 573201. 3. THE ASSISTANT COMMISSIONER SAKALESHPURA SUB DIVISION HASSAN 573123 HASSAN DISTRICT. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:89 WP No. 34804 of 2025 4. THE LAND GRANT COMMITTEE ARAKALGUDU TALUK, HASSAN DISTRICT 573142. REP. BY ITS SECRTARY 5. THE TAHSILDAR ARAKALGUDU TALUK HASSAN DISTRICT 573142. …RESPONDENTS (BY SRI.V.SESHU., HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.4 AND 5 TO CONSIDER THE RECEIPT OF THE APPLICATION OF THE PETITIONER TO REGULARIZE HIS UNAUTHORIZED CULTIVATION OF LAND BEARING SY.NO.40 MEASURING AN EXTENT OF 2 ACRES, SITUATED AT OF KOLANGI VILLAGE, MALIPATNA HOBLI, ARAKALGUDU TALUK, HASSAN DISTRICT, VIDE ANNEXURE-A DATED 30/03/1998 AND TO PASS APPROPRIATE ORDERS IN ACCORDANCE WITH LAW. 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 - 3 - HC-KAR NC: 2026:KHC:89 WP No. 34804 of 2025 unauthorised occupation of 2 acres of land in Survey No.40 of Kolangi Village, Malipatna Hobli, Arakalgudu Taluk, Hassan District, on 30.03.1998, 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. 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.5-Tahsildar was duty bound to place the application filed by the petitioner before respondent No.4, ‘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 - HC-KAR NC: 2026:KHC:89 WP No. 34804 of 2025 4. Consequently, the writ petition stands disposed of with a specific direction to respondent No.5-Tahsildar, Arakalagudu Taluk, to verify from the records as to whether such an application filed by the petitioner in the year 1998, 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.4- 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.4- 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. - 5 - HC-KAR NC: 2026:KHC:89 WP No. 34804 of 2025 Ordered accordingly. 6. 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