- 1 - HC-KAR NC: 2026:KHC:6295 WP No. 39433 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 39433 OF 2025 (KLR-RES) BETWEEN: SMT. ASHA AGED ABOUT 40 YEARS, W/O SRI PARASHURAM, RESIDING AT NO. 173, JAKKUR ROAD, NEAR GOVERNMENT SCHOOL, JAKKUR, BENGALURU NORTH, BENGALURU - 560 064. …PETITIONER (BY SRI. DAYANANDA G.S, ADVOCATE FOR SRI. MAHESH S.B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT REPRESENTED BY ITS PRINCIPAL SECRETARY M.S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVAN, BENGALURU - 562 001. 3. THE ASSISTANT COMMISSIONER YELAHANKA TALUKU BENGALURU NORTH SUB-DIVISION Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6295 WP No. 39433 of 2025 KANDAYA BHAVAN BENGALURU - 560 001. 4. THE TAHASILDAR YELAHANKA TALUKU, YELAHANKA BENGALURU - 560 064. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECTION THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 06-10-2025 AS PER ANNEXURE -A MADE BY THE PETITIONER TO REGULARIZE THE UNAUTHORIZED CONSTRUCTED DWELLING HOUSE ON GOVERNMENT LAND UNDER SECTION 94-CC AND ISSUE A GRANT CERTIFICATE AND EFFECT THE REVENUE DOCUMENTS IN FAVOUR OF PETITIONER IN RESPECT OF RESIDENTIAL HOUSE MEASURING EAST TO WEST 0-25 FEET AND NORTH TO SOUTH 0-20 FEET, TOTALLY LAND MEASURING 500 SQUARE FEET OUT OF 04 ACRES 0-32 GUNTAS IN SURVEY NO.70 OF JAKKUR VILLAGE, YELAHANKA HOBLI, YELAHANKA TALUKU. 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 takes notice for all the respondents. 2. It is the contention of the petitioner that she along with her family members are in unauthorised - 3 - HC-KAR NC: 2026:KHC:6295 WP No. 39433 of 2025 occupation and they have put up a dwelling house on 500 square feet of land in Survey No.70 of Jakkur Village, Yelahanka Hobli, Yelahanka Taluk, Bangalore Urban District. In that regard, the petitioner has filed an application seeking regularisation of unauthorised occupation on 27.08.2016. It is contended that a notice in Form-2A at Annexure-E was issued by the respondent- Tahsildar on 05.05.2017. However, till date the application has not been considered and no orders are passed. In this regard, the petitioner has made representation dated 06.10.2025 at Annexure-A. The Tahsildar has not considered the representation of the petitioner and therefore, the prayer in the petition is to direct the respondents to consider the representation filed by the petitioner to consider her application for regularisation of unauthorised construction. 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 - 4 - HC-KAR NC: 2026:KHC:6295 WP No. 39433 of 2025 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 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. Having heard the learned Counsel for the petitioner and having regard to the admitted position that 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 - 5 - HC-KAR NC: 2026:KHC:6295 WP No. 39433 of 2025 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. 5. Consequently, the writ petition stands disposed of with a direction to the respondent-authorities, more particularly, the 4th respondent-Tahsildar & the Competent Authority, Yelahanka Taluk, Bengaluru to verify from the records as to such an Application filed by the petitioner in the year 2016 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 - HC-KAR NC: 2026:KHC:6295 WP No. 39433 of 2025 6. Learned Additional Government Advocate 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.: 17