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2026 DAILYLAW 52025 (KAR)

SMT. MALLAMMA v. THE STATE OF KARNATAKA

WP/38363/2025 · 2026-01-29

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4790 WP No. 38363 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 38363 OF 2025 (KLR-REG) BETWEEN: 1. SMT. MALLAMMA W/O LATE SRINIVASAIAH, AGED ABOUT 58 YEARS, OCCUPATION AGRICULTURE, 2. SRI VENKATACHALAPATHI S., S/O LATE SRINIVASAIAH, AGED ABOUT 35 YEARS, OCCUPATION AGRICULTURE, BOTH ARE R/O DODDANALLURAHALLI, JADIGENAHALLI HOBLI, HOSAKOTE TALUK 562 114, BENGALURU RURAL DISTRICT. …PETITIONERS (BY SRI. J. R. MOHAN., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDINGS, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4790 WP No. 38363 of 2025 1ST FLOOR, JILLADALITHA BHAVANA, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK-562 110 BENGALURU RURAL DISTRICT. 3. THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA - 561 203, BENGALURU RURAL DISTRICT. 4. THE TAHSILDAR, HOSAKOTE TALUK, HOSAKOTE - 562 114, BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SMT. NAVYA SHEKHAR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ENDORSEMENT DATED 09-09-2025 BEARING NO.THHSK- LNDORUCJ/87/2025 ISSUED BY THE 4TH RESPONDENT VIDE ANNEXURE-G AND THE ENDORSEMENT DATED 03-12-2025 BEARING NO.RUC CR/14/2025 ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-H 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. - 3 - HC-KAR NC: 2026:KHC:4790 WP No. 38363 of 2025 2. It is the contention of the petitioners that the husband of the 1st petitioner and father of the 2nd petitioner viz., Sri.Srinivasaiah S/o Subbanna had filed an application in Form No.53 during the year 1999 seeking regularization of unauthorized occupation of 1 Acre and 30 Guntas of land in Sy.No.10, Doddanalurahalli village, Jadigenahalli Hobli, Hosakote Taluk, Bengaluru Rural District, as per Annexure-B, therefore, the petitioners filed a representation to the 4th respondent-Tahasildar to consider the application in Form No.53 filed by Sri.Srinivasaiah S/o Subbanna and the same has not been considered till date. However, the Tahsildar has now issued the impugned endorsement dated 09.09.2025 at Annexure–G, admitting the fact that such an application in Form No.53 seeking regularization of unauthorized occupation was filed in the office, but it has not been uploaded in the computer system. Therefore, the Tahsildhar directed the petitioners to redress their grievance before the competent authority. Accordingly, the - 4 - HC-KAR NC: 2026:KHC:4790 WP No. 38363 of 2025 petitioners approached respondent-Assistant Commissioner, Doddaballapura Sub-Division by filing an appeal, however, the respondent-Assistant Commissioner also issued an endorsement dated 03.12.2025 at Annexure-H rejecting the appeal on the ground that the application in Form No.53 has not been considered by the Committee for Regularization of Unauthorized Occupation. 3. The prayer in the writ petition is to quash the impugned endorsements issued by the respondent- Tahsildar as well as the respondent-Assistant Commissioner and issue writ of mandamus directing the respondent-authorities to constitute a competent Tribunal and to consider the application in Form No.53 filed by Sri.Srinivasaiah S/o Subbanna seeking regularization of unauthorized cultivation of the land as stated therein. 4. The learned Additional Government Advocate confirms that the Committee for Regularization of Unauthorized Occupation is not constituted. This Court - 5 - HC-KAR NC: 2026:KHC:4790 WP No. 38363 of 2025 should only express its anguish that the Committee for Regularization of Unauthorized Occupation is not constituted and therefore, the application of the petitioners remains undecided. 5. Having regard to the contentions raised in the writ petition and submissions of the learned Counsel for the petitioners, this Court is of the considered opinion that when once the application in Form No.53 filed seeking regularization of unauthorized occupation is admitted, the 2nd respondent-Tahsildar was duty bound to place the application filed by the petitioner before the ‘Committee for Regularization of Unauthorized Occupation’ and the Committee was also duty bound to consider the application and pass necessary orders. Therefore, the Tahsildar cannot issue such an endorsement rejecting the application, on a technical ground. 6. Consequently, the writ petition stands disposed of with a specific direction to the 2nd respondent-Tahsildar, - 6 - HC-KAR NC: 2026:KHC:4790 WP No. 38363 of 2025 Hosakote Taluk, to place the application in Form No.53 filed by Sri.Srinivasaiah S/o Subbanna, before the Committee for Regularization of Unauthorized Occupation along with his recommendation within a period of two months from the date when which the committee is constituted. Once the Committee has been constituted, the 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. Ordered accordingly. 7. Copy of this order shall be furnished to the Principal Secretary, Revenue Department for further action. Action taken report shall be furnished to this Court as regards the constitution of the Committee for regularization of unauthorized occupation, at Hoskote Taluk, as expeditiously as possible and at any rate within a period of 2 months. - 7 - HC-KAR NC: 2026:KHC:4790 WP No. 38363 of 2025 8. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT: JL