- 1 - HC-KAR NC: 2026:KHC:2171 WP No. 39664 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 39664 OF 2025 (KLR-RES) BETWEEN: 1. SRI MAHADEVEGOWDA S/O.LATE.GIRIYAPPA, AGED ABOUT 77 YEARS. 2. SMT. RENUKAMMA, W/O.MAHADEVEGOWDA, AGED ABOUT 65 YEARS. BOTH RESIDENTS OF CHIKKANAHALLI VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT - 573 201. …PETITIONERS (BY SRI. BALARAJ A.C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, M.S.BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. Digitally signed by JAI JYOTHI J Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2171 WP No. 39664 of 2025 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 201. 3. THE ASSISTANT COMMISSIONER HASSAN SUB-DIVISION, HASSAN - 573 201. 4. THE TAHSILDAR TALUK OFFICE, HOLENARASIPURA TALUK, HOLENARASIPURA, HASSAN DISTRICT - 573 201. 5. THE LAND GRANT COMMITTEE REPRESENTED BY ITS SECRETARY, TALUK OFFICE, HOLENARASIPURA TALUK, HOLENARASIPURA, HASSAN DISTRICT - 573 201. …RESPONDENTS (BY SRI. SESHU V, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I)ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ENDORSEMENT BEARING NO.N.C.R.81/2025-26 DATED. 6.11.2025 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE- H AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:2171 WP No. 39664 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for all the respondents. 2. Though the matter is coming up for preliminary hearing, with the consent of the learned High Court Government Pleader and learned counsel for the petitioners, the matter is taken up for final disposal. 3. The petitioners who had filed an application in Form No.57 seeking regularisation of unauthorised occupation of 4 acres of land in Sy.No.20 of Chikkenahalli Village, Halekote Hobli, Holenarasipura Taluk, is aggrieved of the impugned endorsement at Annexure-H dated 06.11.2025 issued by the respondent-Tahsildar, Holenarasipura Taluk, rejecting the application on the ground that the extent of gomal land available in the village is not sufficient and therefore, the application filed by the petitioner seeking regularisation of unauthorised occupation cannot be considered and the same stands rejected. Learned counsel for the petitioners submits, - 4 - HC-KAR NC: 2026:KHC:2171 WP No. 39664 of 2025 while pointing out to Rule 97(4) of the Karnataka Land Revenue Rules, 1966, that it is the Deputy Commissioner who is required to determine the extent of land necessary to be set apart for free pasturage in any village. However, having regard to the proviso to sub-Rule 4, it is submitted that no such permission shall be necessary where the reduction below the prescribed limit is for the purpose of (iii) regularisation of unauthorised cultivation under Chapter XIII-A. 4. There is substance in the submission made by the learned counsel for petitioners. When the rule itself prescribes that in the matter of regularization of unauthorized occupation, there cannot be rejection of the application on the ground that the extent of gomal available for pasturage is either insufficient or sufficient for the pasturage, having regard to the number of cattle heads in the village, the rule prescribes that in the matter of regularization of unauthorised occupation, the permission of the Deputy Commissioner is not necessary for further reduction, and the Tahsildar could not have taken a decision to reject the application on the said ground. - 5 - HC-KAR NC: 2026:KHC:2171 WP No. 39664 of 2025 5. Consequently, the writ petition is allowed. The impugned endorsement at Annexure-H passed by the Tahsildar, Holenarasipura Taluk, is hereby quashed and set aside. The respondent-Tahsildar is hereby directed to place the application of the petitioners before the Committee for regularisation of unauthorised occupation along with his recommendation to enable the Committee to take a decision. The entire exercise shall be completed as expeditiously as possible and at any rate, within a period of four months from the date of receipt of a copy of this order. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 5