- 1 - HC-KAR NC: 2026:KHC-D:1250 WP No. 110452 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 110452 OF 2014 (KLR-REG) BETWEEN: K. SAKRAPPA S/O. LATE BHIMAPPA AGED ABOUT 60 YEARS, RESIDING AT: JEERIGANURU VILLAGE, KAMPLI HOBLLI, HOSPET TALUK, BELLARY DISTRICT. …PETITIONER (BY SMT. V.VIDYA IYER, ADVOCATE FOR SRI. K.RAGHAVENDRA RAO, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIKAS SOUDHA, BANGALORE, REPRESENTED BY ITS SECRETARY. 2. DEPUTY COMMISSIONER BELLARY DISTRICT, BELLARY. 3. ASSISTANT COMMISSIONER HOSPET SUB-DIVISION, HOSPET. 4. THE TAHSILDAR HOSPET TALUK, HOSPET. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT AND THE IMPUGNED OFFICE NOTE DATED 01.10.2014 PASSED BY RESPONDENT NO.4 BEARING NO. SUM / CUM / BHOOMI / 49 / 14-15 FOUND AT ANNEXURE-J ALLOW THIS WRIT PETITION WITH COSTS AND GRANT SUCH OTHER RELIEF HAS THIS HON'BLE COURT MAY DEEMED FIT TO GRANT IN THE CIRCUMSTANCE OF THE CASE AND ETC. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.04 10:28:03 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1250 WP No. 110452 of 2014 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER With no enquiry conducted in respect of Form No.53 submitted by the petitioner seeking regularisation of his unauthorised occupation in respect of 2 acres of land in Sy.No.176/2 of Jeeraganur Village, challenging the impugned endorsement issued by respondent No.4 dated 01.10.2014 (Annexure-J), the petitioner is before this Court. 2. Land bearing Sy.No.176 of Jeerganur Village of Hospet taluk, measures 51.52 acres. In the year 1967-68, hissa Sy.No.176 came to be divided as Sy.No.176/1 and Sy.No.176/2. Sy.No.176/1 was shown as PWD canal and Sy.No.176/2 is stated to be the cultivable land, in which the petitioner's family has been in possession of 4 acres of land. Even from the year 1986-87, the name of the petitioner's father was shown in the revenue records, and pursuant to the death of the petitioner's father, the name of the - 3 - HC-KAR NC: 2026:KHC-D:1250 WP No. 110452 of 2014 petitioner was mutated. The petitioner submitted Form No.53 seeking regularisation of his unauthorised occupation. The petitioner came to know that his name was deleted and an entry was made showing Sy.No.176/2 as PWD canal without notifying the petitioner prior to deletion of his name from the revenue records. As such, the petitioner made an application seeking enquiry in to the status of Form No.53. At that time, the impugned endorsement came to be issued on 01.10.2014, which according to the learned counsel for the petitioner was issued without holding any enquiry. 3. Learned Additional Government Advocate appearing for the respondents-State would justify the impugned endorsement and submits that the same does not warrant any interference. 4. This Court has carefully considered the rival submissions and perused the material on record. 5. It is evident that though the endorsement indicates that the application of the petitioner seeking - 4 - HC-KAR NC: 2026:KHC-D:1250 WP No. 110452 of 2014 regularisation of his unauthorised occupation has been rejected, no material is forthcoming to show that any order rejecting the petitioner’s application has been passed, other than issuance of such an endorsement. In absence of any enquiry, survey, verification of records or a reasoned order on Form No.53, the impugned endorsement cannot be sustained. 6. In view of the same, the impugned endorsement is unsustainable and what can be gathered is that no order has been passed on the application filed by the petitioner seeking regularisation. 7. Having regard to the same, the impugned endorsement is unsustainable and necessary direction is required to be issued to the respondents to pass orders on the application submitted by the petitioner in Form No.53 after holding a survey. Accordingly, this Court pass the following: - 5 - HC-KAR NC: 2026:KHC-D:1250 WP No. 110452 of 2014 ORDER i. The writ petition is allowed. ii. The impugned endorsement dated 01.10.2014 passed by respondent No.4 (Annexure-J) is hereby quashed. iii. Respondent No.4 is directed to consider Form No.53 filed by the petitioner seeking regularisation of his unauthorised occupation, after conducting survey and verification of the records, and to pass appropriate orders within a period of 8 weeks from the date of receipt of copy of this order. iv. Till such consideration, the respondents- authorities are directed not to dispossess the petitioner from the schedule property. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 69