- 1 - HC-KAR NC: 2026:KHC:1570 WP No. 35059 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 35059 OF 2025 (KLR-RES) BETWEEN: SMT. LAKSHMI W/O LINGARAJU, AGED ABOUT 50 YEARS, R/AT SY.NO.144, ST.ANNS ENGLISH SCHOOL HOSAKEREHALLI, VEERABHADRANAGAR, BANASHANKARI 3RD STAGE, BENGALURU SOUTH, BENGALURU-560 085. …PETITIONER (BY SRI. AKARSH KUMAR GOWDA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, REP BY ITS PRINCIPAL SECRETARY, MULTISTORIED BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, KANDAYA BHAVAN, BENGALURU - 560 001. 3. THE ASSISTANT COMMISSIONER, BENGALURU SOUTH TALUK, Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1570 WP No. 35059 of 2025 KANDAYA BHAVAN, BENGALURU-560 001. 4. THE TAHSILDAR, BENGALURU SOUTH TALUK, KANDAYA BHAVAN, BENGALURU-560 001. …RESPONDENTS (BY SRI.SHAMANTH NAIK., AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R4 TO REGULARIZE THE UNAUTHORIZED CONSTRUCTION BY CONSIDERING THE APPLICATION DATED 03.02.2018 VIDE ANNX-C AND BY CONSIDERING THE REPRESENTATION DATED 06.03.2023 AND 04.01.2024 VIDE ANNEXURE-D AND D1 RESPECTIVELY. 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 takes notice for all the respondents. 2. It is the case of the petitioner that the petitioner is a site-less and houseless person, who has unauthorizedly constructed a house in a site measuring 15’x40’ feet i.e., 600 sq.ft in the land bearing Sy.No.144 - 3 - HC-KAR NC: 2026:KHC:1570 WP No. 35059 of 2025 of Hosakerehalli, Veerabhadranagara, Banashankari III Stage, Uttarahalli Hobli, Bengaluru South, Bengaluru. The grievance of the petitioner is that her application in Form No.1A filed on 03.02.2018 under Rule 108X(1) of the Karnataka Land Revenue Rules, 1966, seeking regularization of unauthorized construction at Annexure-C has not been considered till date. In this regard, the petitioner has made representations dated 06.03.2023 and 04.01.2024 at Annexures-D and D1 respectively. The prayer in the petition is to direct the respondents to consider the application filed by the petitioner. 3. Learned Counsel for the petitioner has drawn the attention of this Court to Notification bearing No.RD 345 LGP 2012 dated 28.03.2015, wherein, under Chapter XIII- C, provisions are made for grant of land/site in case of construction of dwelling house in occupied Government lands in urban areas lying with the specified limits of cities and Bruhat Bengaluru Mahanagara Palike, City Corporations, City Municipal Councils, Town Municipal - 4 - HC-KAR NC: 2026:KHC:1570 WP No. 35059 of 2025 Councils and Town Panchayats. Learned Counsel submits that provision in Section 94CC of the Karnataka Land Revenue Act, 1964, enables the prescribed authority who, on satisfaction, after conducting an enquiry, deems it fit that any person is in unauthorized occupation of any land belonging to Government and has constructed a dwelling house on such land, may on an application made to the prescribed authority grant such lands. 4. Further, the learned Counsel for the petitioner has also drawn the attention of this Court to the Annexures at E-series, filed along with memorandum of writ petition and contends that under similar circumstances, the respondent-authorities have considered the applications filed by the several applicants seeking regularization of unauthorized constructions, in Sy.No.143 of Hosakerehalli Village, Uttarahalli Hobli, Bengaluru South Taluk. Learned Counsel for the petitioner seeks for similar relief. 5. Having heard the learned Counsel for the petitioner and having regard to the admitted position that - 5 - HC-KAR NC: 2026:KHC:1570 WP No. 35059 of 2025 the State Government itself issued a Notification in the year 2015 to regularize unauthorized construction of dwelling houses in favour of site-less/houseless persons, this Court is of the considered opinion that the primary requirement of the provision is that the applicants should satisfy the prescribed authority that they have put up dwelling houses on Government lands within the urban agglomeration and if the applicants satisfy all the requirements of law, then appropriate orders will have to be passed by the respondent-authorities regularizing the unauthorized occupation. It is also noticeable that under similar circumstance, if the respondent-authorities have already considered the applications filed by the similarly placed applicants seeking regularization of unauthorized constructions, such a benefit will have to be extended to the present petitioner also. 6. Consequently, the writ petition stands disposed of with a direction to the respondent-authorities, more particularly, the 4th respondent-Tahsildar & the Competent - 6 - HC-KAR NC: 2026:KHC:1570 WP No. 35059 of 2025 Authority, Bengaluru South Taluk, Bengaluru to verify from the records as to such an Application in Form 1A filed by the petitioner is still pending consideration, issue notice to the concerned, call for records and after affording opportunity of hearing to the necessary parties, pass appropriate orders in accordance with law, as expeditiously as possible and at any rate within a period of 3 (Three) months from the date of receipt of a copy of this order. 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 DL CT: JL