- 1 - HC-KAR NC: 2026:KHC-D:2274 WP No. 100383 of 2026 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.100383 OF 2026 (KLR-LG) BETWEEN: SRI. PARSHURAM H. S/O. HULAGAPPA AGE. 52 YEARS, OCC. AGRICULTURE, R/O. SANAPUR VILLAGE-583227, TQ. GANGAVATI, DIST. KOPPAL. …PETITIONER (BY SRI. VIDYAVATI M.KOTTURSHETTAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, REPRESENTED BY UNDER SECRETARY, (LAND GRANDS-1), VIDHANA SOUDHA, DIST: BENGALURU-560001. 2. RESPONDENT NO.2-DEPUTY COMMISSIONER MINI VIDHANA SOUDHA, DIST. KOPPAL-583231. 3. TAHASILDAR GANGAVATI, DIST. KOPPAL-583231. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF ORDER OR DIRECTION OR CERTIORARI QUASHING THE IMPUGNED ORDER DATED 07.01.2025 PASSED BY RESPONDENT NO.2 VIDE ANNEXURE A, IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE A WRIT IN NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO 2 AND 3 TO REGULARIZE THE UNAUTHORIZED CULTIVATION OF THE PETITIONER AT SY.NO.17/*/* M.1A.3G, OF VIRUPAPUR GADDI VILLAGE GANGAVATI TALUK, KOPPAL DISTRICT; AND ETC. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.18 10:31:15 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2274 WP No. 100383 of 2026 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER The writ petition is filed challenging the order dated 07.01.2025 passed by the respondent No.2-Deputy Commissioner, Koppal, whereby the application filed by the petitioner in Form No.57 for regularisation of unauthorised occupation under Rule 108(1)(2) CCC of the Karnataka Land Revenue Rules, 1966 (for short, ‘Rules, 1966’) has been rejected, concerning land bearing Survey No.17 measuring 1 acre 3 guntas situated at Virupapura Gaddi village, Gangavati Taluk. 2. The petitioner claims that he is in possession and cultivation of the aforesaid land. Pursuant to the Government Notification dated 04.10.2018 (Annexure-B) permitting regularisation of unauthorised cultivation, he filed an application seeking regularisation of the land under the relevant provisions. The Revenue Inspector, after verification, prepared a checklist (Annexure-G) - 3 - HC-KAR NC: 2026:KHC-D:2274 WP No. 100383 of 2026 acknowledging the cultivation by the petitioner’s family. The respondent No.3-Tahasildar forwarded the report of the Revenue Inspector to respondent No.2–Deputy Commissioner; however, respondent No.2–Deputy Commissioner rejected the application by order dated 07.01.2025 (Annexure-A) based on the report submitted by the respondent No.3-Tahasildar. 3. Learned counsel for the petitioner submits that the impugned order passed by respondent No.2 – Deputy Commissioner is arbitrary and violative of Articles 14 and 300A of the Constitution of India. Learned counsel further submits that the impugned order is non-speaking, does not disclose any reasons, and that no opportunity of hearing was afforded prior to rejection, thereby violating the principles of natural justice. It is also submitted that the authorities have failed to consider the Government Order and the circulars governing regularisation, and that the petitioner, being in long possession, is entitled to consideration in accordance with law. - 4 - HC-KAR NC: 2026:KHC-D:2274 WP No. 100383 of 2026 4. Learned Additional Government Advocate appearing for the respondents-State submits that the application was scrutinized and upon examination, the petitioner was not found eligible for regularization. 5. This Court has carefully considered the rival submission and produced the material on record. 6. On perusal of impugned order (Annexure-A), it is evident that the order passed by respondent No.2 – Deputy Commissioner is cryptic in nature. No reasons have been assigned as to why the petitioner has been held ineligible. There is no consideration of the eligibility criteria under Rule 108(1)(2) CCC of the Rules, 1966. The Government Circular dated 10.01.2023 (Annexure-C) and the checklist (Annexure-G) prepared by the Revenue Authorities acknowledging cultivation, have not been meaningfully considered in the impugned order. 7. It is well settled law that when an administrative authority passes an order affecting civil - 5 - HC-KAR NC: 2026:KHC-D:2274 WP No. 100383 of 2026 rights, the order must reflect application of mind. A non- speaking order, particularly in matters concerning property rights, cannot be sustained. Further, when the Government circular dated 10.01.2023 (Annexure-C) permits consideration for regularisation subject to certain conditions, rejection must be supported by clear findings as to the non-fulfillment of those conditions. 8. In the present case, the impugned order does not disclose any such finding. Therefore, this Court is of the considered view that the impugned order is unsustainable and requires re-consideration. 9. For the foregoing reasons, this Court pass the following: ORDER i. The writ petition is allowed. ii. Impugned order dated 07.01.2025 (Annexure-A) passed by respondent No.2-Deputy Commissioner, - 6 - HC-KAR NC: 2026:KHC-D:2274 WP No. 100383 of 2026 Koppal rejecting the application filed by the petitioner under Form No.57 for regularization of unauthorized cultivation, is hereby quashed. iii. The matter is remitted back to respondent No.2- Deputy Commissioner for fresh consideration of the petitioner's application in accordance with law, keeping in view the Government notification dated 04.10.2018 (Annexure-B) and Circular dated 10.01.2023 (Annexure-C), the applicable provisions of Rule 108 of the Karnataka Land Revenue Rules, 1966, the documents and checklist (Annexure-G) already prepared in respect of the petitioner. iv. Respondent No.2-Deputy Commissioner shall afford an opportunity of hearing to the petitioner and pass a reasoned and speaking order within a period of eight (8) weeks from the date of receipt of certified copy of this order. - 7 - HC-KAR NC: 2026:KHC-D:2274 WP No. 100383 of 2026 v. Till such reconsideration by respondent No.2- Deputy Commissioner, the petitioner's possession shall not be disturbed. Sd/- JUSTICE K.S.HEMALEKHA AM/- Ct:VH List No.: 1 Sl No.: 12