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2026 DAILYLAW 6920 (KAR)

G K DEVARAJU v. STATE OF KARNATAKA

WP/37932/2025 · 2026-02-10

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8213 WP No. 37932 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 37932 OF 2025 (LB-RES) BETWEEN: 1. G K DEVARAJU S/O LATE KEMPAIAH AGED ABOUT 52 YEARS #1067 GUTHALU COLONY NEAR WATER TANK MANDYA CITY 571401 - …PETITIONER (BY SRI. MUDDURAJA N.,ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS CHIEF SECRETGARY, URBAN DEVELOPMENT DEPARTMENT VIDHANA SOUDHA BANGALORE -560001 2. THE COMMISSIONER CITY MUNCIPALITY CORPORATION MANDYA CITY MANDYA DISTRICT -571401 …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1; SRI. G.M.ANANDA, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTILE 226 AND 227 OF THE CONSITTUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE APPLICATION FILED BY THE FATHER OF PETITIONER AND ALSO THE PETITIONER FOR THE REGULARIZATION OF UNAUTHORIZED Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8213 WP No. 37932 of 2025 OCCUPATION OF THE SITE BEARING SITE NO MEASURING 30 X50 CONSIST OF RESIDENTIAL HOUSE PROPERTY SITUATED AT HARJANACOLONY GUTHALU VILLAGE, MANDYA CITY MARKED AS ANNEXURE- A AND ANNEXURE-B AND ISSUE HAKKUPARTTHRA IN THE NAME OF PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent No.1. 2. G. M. Ananda, learned counsel is directed to accept notice for respondent No.2. 3. Petitioner is before this Court seeking for the following reliefs: (a) Issue a writ of mandamus directing the respondent to consider the application filed by the father of petitioner and also the petitioner for the regularization of unauthorized occupation of the site bearing site no measuring 30 x50 consist of residential house property situated at Harjanacolony Guthalu Village, Mandya City marked as Annexure- A and B dated 10.04.2019, 03.10.2016 and issue Hakkupathra in the name of petitioner (b) Pass any such order/further order as this honble court deems fit and proper in the facts and circumstances of the case in the interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC:8213 WP No. 37932 of 2025 4. The petitioner claims to be in possession of a plot bearing 30x50 feet situated at Harijana Colony, Guthalu Village, Mandya District. The petitioner belonging to the weaker section, the petitioner's father had been displaced and as such, they have been residing in the said property for a long period of time and in that background, the petitioner had made a representation to respondent No.2 on 03.10.2016 for regularisation of their unauthorised occupation by grant of the said plot. The said application not having been considered, the petitioner is before this Court seeking for aforesaid reliefs. 5. Whenever, any representation is submitted, it is required for the concerned authority to consider and pass necessary orders within a reasonable period of time either by accepting or rejecting the said request. 6. Needless to say, if any order is passed, the same would have to be accompanied by reasons. In the present matter, the representation has been pending from the year 2016, and no order has been passed. As such, I pass the following: - 4 - HC-KAR NC: 2026:KHC:8213 WP No. 37932 of 2025 ORDER i) Writ petition is allowed. ii) A mandamus is issued directing respondent No.2 to consider the representation of the petitioner dated 03.10.2016 at Annexure-B and pass such orders in accordance with law by following due procedure within 30 days from the date of receipt of a copy of this order. iii) Until then, respondents are restrained from dispossessing the petitioner. iv) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 2 Sl No.: 4