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2026 DAILYLAW 51670 (KAR)

SRI.A.S. LAKKEGOWDA v. STATE OF KARNATAKA

WP/37367/2025 · 2026-02-04

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6512 WP No. 37367 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 37367 OF 2025 (KLR-RES) BETWEEN: SRI.A.S. LAKKEGOWDA S/O SUBBEGOWDA, AGED ABOUT 65 YEARS, R/A HADAVANAHALLI VILLAGE, AGRAHARA GATE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT - 573 211. …PETITIONER (BY SRI. BARAGOUDA S.S., ADVOCATE FOR SRI. VIRUPAKSHAIAH P.H.., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU 560 001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN 573 201. 3. THE TAHSILDHAR CHANNARAYAPATNA TALUK, CHANNARAYAPATNA - 573 116. 4. THE LAND GRANT COMMITTEE FOR GRANT OF LANDS TO UNAUTHORIZED OCCUPANTS OF GOVERNMENT LANDS, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6512 WP No. 37367 of 2025 HASSAN DISTRICT, HASSAN 573 201. BY ITS CHAIRMAN …RESPONDENTS (BY SMT.NAVYA SHEKHAR., AGA) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO CONSIDER AND DISPOSE OF THE APPLICATION DATED 30.07.1991 VIDE ANNX-A FILED BY THE PETITIONER FOR REGULARIZATION OF THE UNAUTHORIZED OCCUPATION OF THE LAND BEARING SY NO. 121 MEASURING TO AN EXTENT OF 3 ACRES SITUATED AT AGRAHARA VILLAGE, CHANNARAYAPATNA TALUK, HASSAN DISTRICT EXPEDITIOUSLY 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.53 seeking regularization of unauthorised occupation of 3 acres of land in Survey No.121 of Agrahara Village, Channarayapatna Taluk, Hassan District, on 30.07.1991, has not been considered till date. Therefore, the prayer in the petition is to direct the respondents to consider the said application and till - 3 - HC-KAR NC: 2026:KHC:6512 WP No. 37367 of 2025 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.3-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. Consequently, the writ petition stands disposed of with a specific direction to respondent No.3-Tahsildar, Channarayapatna Taluk, to verify from the records as to whether such an application filed by the petitioner in the year 1991, is pending consideration. If it is found that - 4 - HC-KAR NC: 2026:KHC:6512 WP No. 37367 of 2025 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. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KLY CT: JL