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2026 DAILYLAW 8703 (KAR)

SMT. SUMA M.S. v. THE STATE OF KARNATAKA

WP/5064/2026 · 2026-02-19

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10288 WP No. 5064 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 5064 OF 2026 (KLR-REG) BETWEEN: SMT. SUMA M.S. AGED ABOUT 31 YEARS D/O. SHIVAKUMAR C/O. SOMASHEKARA S R/O. SABBATTI, KONANURU HOBLI ARAKALAGUDU TALUK, HASSAN - 573 130. …PETITIONER (BY SRI. K.C. SHANTHA KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REP. BY ITS PRINCIPAL SECRETARY M.S. BUILDINGS, AMBEDKAR VEEDI BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 201. 3. THE ASSISTANT COMMISSIONER SAKALESHPURA SUB-DIVISION Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10288 WP No. 5064 of 2026 HASSAN - 573 123, HASSAN DISTRICT. 4. THE LAND GRANT COMMITTEE ARAKALAGUDU TALUK, HASSAN DISTRICT - 573 130 REP. BY ITS SECRETARY. 5. THE TAHSILDAR ARAKALAGUDU TALUK HASSAN DISTRICT - 573 130. …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.4 AND 5 TO CONSIDER THE RECEIPT OF THE ONLINE APPLICATION OF THE PETITIONER TO REGULARIZE HER UNAUTHORIZED CULTIVATION OF LAND BEARING SY.NO.47/1 MEASURING AN EXTENT OF 1 ACRE 20 GUNTAS, SITUATED AT SABBATTI VILLAGE, KONANUR HOBLI, ARAKALAGUDU TALUK, HASSAN DISTRICT, VIDE ANNEXURE-A DATED 17/03/2023 AND TO PASS APPROPRIATE ORDER/S IN ACCORDANCE WITH LAW AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:10288 WP No. 5064 of 2026 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate accepts notice for all the respondents. 2. The grievance of the petitioner is that the application filed in Form No.57 dated 17.03.2023 seeking regularization of unauthorised occupation of 1 acre 20 guntas of land in Survey No.47/1 of Sabbatti Village, Konanur Hobli, Arakalagudu Taluk, Hassan District, has not been considered till date. Therefore, the prayer in the petition is to direct the respondents to consider the said application. 3. Having regard to the contentions raised in the writ petition and submission of the learned counsel for the petitioner, this Court is of the considered opinion that respondent No.5-Tahsildar was duty bound to place the application filed by the petitioner before respondent No.4, ‘Committee for Regularization of Unauthorized Occupation’ and the Committee was also duty bound to consider the application and pass necessary orders. That exercise not having been - 4 - HC-KAR NC: 2026:KHC:10288 WP No. 5064 of 2026 taken by the respondent authorities, the respondents cannot evict the petitioner without consideration of the application of the petitioner. 4. Consequently, the writ petition stands disposed of with a specific direction to respondent No.5-Tahsildar, Arakalagudu Taluk, to verify from the records as to whether such an application filed by the petitioner in the year 2023, is pending consideration. If it is found that such an application was indeed filed by the petitioner and the application is yet to be considered, the respondent- Tahsildar is directed to place before respondent No.4 - Committee, the application along with his recommendation within a period of four weeks from the date of receipt of a copy of this order. Thereafter, respondent No.4- 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. - 5 - HC-KAR NC: 2026:KHC:10288 WP No. 5064 of 2026 Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE GPG List No.: 1 Sl No.: 35