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2026 DAILYLAW 51920 (KAR)

SMT. THIMMAKKA v. STATE OF KARNATAKA

WP/38306/2025 · 2026-01-09

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1312 WP No. 38306 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 38306 OF 2025 (KLR-REG) BETWEEN: 1. SMT. THIMMAKKA W/O SRINIVASAIAH AGED ABOUT 50 YEARS R/AT KOLIGERE, CHIKKAMANKANALA, BENGALURU RURAL DISTRICT-561204. 2. SRI. SRINIVASAIAH S/O RANGASHYAMAIAH AGED ABOUT 56 YEARS R/AT KOLIGERE, CHIKKAMANKANALA, BENGALURU RURAL DISTRICT-561204. …PETITIONERS (BY SRI. THILAKRAJ S.V., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE BY ITS SECRETARY VIDHANA SOUDHA BENGALURU-560001. 2. THE ASSISTANT COMMISSIONER Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1312 WP No. 38306 of 2025 DODDABALLAPURA SUB-DIVISON DODDABALLAPURA BENGALURU RURAL DISTRICT KARNATAKA-561203. 3. REGULARISATION OF UNAUTHORIZED CULTIVATION, DODDABALLAPURA SUB-DIVISON DODDABALLAPURA BENGALURU RURAL DISTRICT KARNATAKA-561203 REP BY ITS SECRETARY/TAHSILDAR 4. THE TAHSILDAR DODDABALLAPURA SUB-DIVISON DODDABALLAPURA BENGALURU RURAL DISTRICT KARNATAKA-561203 …RESPONDENTS (BY SRI.V.SESHU., HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT TO APPROPRIATE WRIT DIRECTING THE RESPONDENT NO.4 TO PLACE PETITIONERS APPLICATIONS AS PER ANNEXURE-A DATED 10.12.1998 FILED IN FORM NO.53 BEFORE THE RESPONDENT NO.3 COMMITTEE AND ISSUE SAGUVALI CHIT PURSUANT TO THE DECISION OF THE 3RD RESPONDENT COMMITTEE BY CONSIDERING THE REPRESENTATION AS PER ANNEXURE-A DATED 10.12.1998 AND ETC. - 3 - HC-KAR NC: 2026:KHC:1312 WP No. 38306 of 2025 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 petitioners is that the application filed in Form No.53 seeking regularization of unauthorised occupation of 2 acres of land in Survey No.39 of Doddamankanala Village, Doddabelvangala Hobli, Doddaballapura Taluk, on 10.12.1998, has not been considered till date. Therefore, the prayer in the petition is to direct the respondents to consider the said application at Annexure-A. 3. Having regard to the contentions raised in the writ petition and submission of the learned counsel for the petitioners, this Court is of the considered opinion that respondent-Tahsildar was duty bound to place the application filed by the petitioners before respondent- - 4 - HC-KAR NC: 2026:KHC:1312 WP No. 38306 of 2025 ‘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 petitioners without consideration of the application of the petitioners. 4. Consequently, the writ petition stands disposed of with a specific direction to respondent-Tahsildar, Doddaballapura Taluk, to verify from the records as to whether such an application filed by the petitioner is pending consideration. If it is found that such an application was indeed filed by the petitioners in the year 1998 and the application is yet to be considered, the respondent-Tahsildar is directed to place before respondent-Committee, the application along with his recommendation within a period of two months from the date of receipt of a copy of this order. Thereafter, respondent-Committee shall consider the application and pass necessary orders in accordance with law as - 5 - HC-KAR NC: 2026:KHC:1312 WP No. 38306 of 2025 expeditiously as possible and at any rate within a period of two months thereafter. Ordered accordingly. 5. 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 CT: JL