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2026 DAILYLAW 7171 (KAR)

NARASIMHAPPA SINCE DEAD BY HIS LEGAL REPRESENTATIVES RATHNAMMA v. THE ASSISTANT COMMISSIONER,

WP/4785/2026 · 2026-02-16

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9560 WP No. 4785 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 4785 OF 2026 (KLR-RES) BETWEEN: 1. NARASIMHAPPA, SINCE DEAD BY HIS LEGAL REPRESENTATIVES RATHNAMMA, W/O NARASIMHAPPA, AGED ABOUT 60 YEARS, R/AT NILAMBIKA TEMPLE BEEDI, AREBILACHI, VADDARAHATTI, BHADRAVATI TALUK, SHIVAMOGGA - 577 233. 2. MALA, W/O LATE RAJAPPA, D/IN LAW OF NARASIMHAPPA, AGED ABOUT 57 YEARS, R/AT NEAR NILAMBIKA TEMPLE, AREBILACHI, BHADRAVATI TALUK, SHIVAMOGGA - 577 233. 3. KAMALAMMA, W/O LATE THIMMAPPA, D/O NARASIMHAPPA, AGED ABOUT 66 YEARS, R/AT KODI HOSURU, ARAKERE, BHADRAVATI TALUK, SHIVAMOGGA - 577 233. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9560 WP No. 4785 of 2026 4. SHIVAMMA, W/O JAYANNA, D/O NARASIMHAPPA, AGED ABOUT 50 YEARS, R/AT HATHIKATTE, SHETTI HALLI, BHADRAVATI TALUK, SHIVAMOGGA - 577 227. 5. GULLAMMA, W/E HUCHARAYAPPA, D/O NARASIMHAPPA, AGED ABOUT 42 YEARS, R/AT 12/A, AREBILACHI, BHADRAVATI TALUK, SHIVAMOGGA - 577 233. 6. SHIVAMURTHY. N, S/O NARASIMHAPPA, AGED ABOUT 44 YEARS, R/AT 21, VADDARAHATTI, AREBILACHI, BHADRAVATI TALUK, SHIVAMOGGA - 577 233. 7. LOHITH.N, S/O NARASIMHAPPA, AGED ABOUT 42 YEARS, R/AT ARABILACHI VADDARAHATTI, BHADRAVATHI TALUK, VTC: AREBILACHI, POST AREBILACHI, BHADRAVATI TALUK, SHIVAMOGGA - 577 233. 8. ESHWARA.N, S/O NARASIMHAPPA, AGED ABOUT 38 YEARS, R/AT NEELAMBIKA TEMPLE BEEDI, - 3 - HC-KAR NC: 2026:KHC:9560 WP No. 4785 of 2026 ARABILACHI, VADDARAHATTI, VTC: AREBILACHI, POST AREBILACHI, BHADRAVATI TALUK, SHIVAMOGGA - 577 233. NOTE. PETITIONERS ARE THE SENIOR CITIZEN BENEFITS NOT CLAIMED. …PETITIONERS (BY SRI. SHRAVAN BHARADWAJ B V, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER, SHIVAMOGGA SUB-DIVISION, SHIVAMOGGA DISTRICT - 577 301. 2. THE TAHSILDAR, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 301. 3. THE CHAIRMAN, AKRAMA SAKRAMA REGULARIZATION COMMITTEE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 301. …RESPONDENTS (BY SMT.NAVYA SHEKHAR, AGA FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF MANDAMUS DIRECTING THE FIRST RESPONDENT-TAHSILDAR, BHADRAVATHI TALUK, TO IMPLEMENT AND COMPLY WITH THE ORDER DATED 19.01.2019 PASSED IN CASE NO. LND. CR- 67/2018-19 BY THE ASSISTANT COMMISSIONER, SHIVAMOGGA SUB-DIVISION AS PER ANNEXURE-A BY CONDUCTING THE INQUIRY, SPOT INSPECTION, AND PLACING - 4 - HC-KAR NC: 2026:KHC:9560 WP No. 4785 of 2026 THE PETITIONERS REGULARIZATION APPLICATION BEFORE THE UNAUTHORIZED CULTIVATION REGULARIZATION COMMITTEE AS DIRECTED 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 takes notice for all the respondents. 2. It is the contention of the petitioner that petitioner's father late Sri.Narasimhappa, filed an application in Form No.50 on 02.07.1991 seeking regularisation of unauthorised occupation of 3 acres of land in Survey No.33 of Dhandavadi Village, Holehonnur Hobli, Bhadravathi Taluk, Shimogga District and the application was rejected by respondent No.2-Tahsildar on the ground that the same was gomal land. An appeal came to be filed by late Sri.Narasimhappa before the assistant Commissioner in LND.CR-67/18-19. The Assistant Commissioner remanded the matter back by order dated 19.01.2019, to the Tahsildar to verify the records and pass necessary orders accordingly. However, the same has not been - 5 - HC-KAR NC: 2026:KHC:9560 WP No. 4785 of 2026 implemented by the Tahsildar till date. Aggrieved by the inaction of the Tahsildar the petitioners are before this Court to direct the Tahsildar to comply with the directions issued by the Assistant Commissioner and to consider the application of late Sri.Narasimhappa for regularization of unauthorised occupation. 3. The writ petition stands disposed of with a specific direction to respondent No.2-Tahsildar, Bhadravathi Taluk, to verify from the records as to whether such application filed by the Sri.Narasimhappa dated 02.07.1991 is pending consideration. If it is found that such application was indeed filed by the Sri.Narasimhappa and the application is yet to be considered, the Tahsildar is directed to place before the Committee for regularisation of unauthorised occupation, the application along with his recommendation keeping in mind the order passed by the Assistant Commissioner within a period of one month from the date of receipt of a copy of this order. Thereafter, 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 from the date of receipt of a copy of this order. - 6 - HC-KAR NC: 2026:KHC:9560 WP No. 4785 of 2026 Ordered accordingly. 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.: 9