- 1 - HC-KAR NC: 2026:KHC:19505 WP No. 9325 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 9325 OF 2026 (KLR-RES) BETWEEN: SRI. NAVEEN T S AGED ABOUT 36 YEARS S/O. SHIVE GOWDA R/O. TARIGADALE, BANNUR, ARAKALAGUD TALUK HASSAN DISTRICT - 573 130. …PETITIONER (BY SRI. K.C. SHANTA 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 SAKALESHPURA - 573 130 HASSAN DISTRICT. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19505 WP No. 9325 of 2026 4. THE LAND GRANT COMMITTEE ARAKALAGUDU TALUK HASSAN DISTRICT - 573 102 REP. BY ITS SECRETARY. 5. THE TAHSILDAR ARAKALAGUDU TALUK HASSAN DISTRICT - 573 102. …RESPONDENTS (BY SMT. B.P.RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) SET ASIDE THE ORDER DATED 27/02/2025 IN NO.LND.(2)438, 439, 440/2024- 25 PASSED BY THE SECOND RESPONDENT VIDE AMMARE C. IN SO FAR PETITIONER CONCERN ONLY 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 he has filed application in Form No.57 seeking regularization of unauthorized occupation of Government lands and - 3 - HC-KAR NC: 2026:KHC:19505 WP No. 9325 of 2026 acknowledgment of the same is produced at Annexure-A dated 25.01.2023. 3. Nevertheless, learned counsel for the petitioner seeks to contend that the Deputy Commissioner, Hassan District has passed the impugned order dated 27.02.2025 at Annexure-C rejecting the applications of over 500 applicants in a common order and the common ground on which the applications are rejected is that the land sought for regularization is a gomal land, insofar as the petitioner is concerned and in majority of the cases. 4. On hearing the learned counsel for the petitioner, learned AGA and on perusing the petition papers, this Court finds that in terms of the proviso to sub-rule (4) of Rule 97 of the Karnataka Land Revenue Rules, 1966, an exception is carved out insofar as the power of the Deputy Commissioner in passing orders reducing the gomal lands, insofar as the application made seeking regularization of unauthorized cultivation under - 4 - HC-KAR NC: 2026:KHC:19505 WP No. 9325 of 2026 Chapter XIIIA of the Rules, 1966. This would mean that when the Deputy Commissioner is considering the applications of ineligible persons in terms of Rule 108-CCC arising out of Section 94-A, on the report submitted by the Tahsildar who forwards list of ineligible application to the Deputy Commissioner for necessary action, the Deputy Commissioner is required to reject such ineligible applications and the Tahsildar is thereafter required to place all the eligible applications with suitable recommendations before the Committee or additional committee as the case may be. In the considered opinion of this Court, in so far as the ineligible applications are concerned, other than what is provided as an eligibility for grant in terms of 108-F of the Rules, the other conditions can be found under Section 94-A of the Act itself. One of them being the prohibited distance within which if the land falls, it cannot be granted. The submission of the learned AGA that certain lands not to be granted in terms enumerated in 108-F of the Rules is required to be - 5 - HC-KAR NC: 2026:KHC:19505 WP No. 9325 of 2026 accepted. However, in the present case, this Court finds that the Deputy Commissioner has passed an order of rejection on the ground that the land is a gomal land and therefore it cannot be regularized in favour of the petitioner. This, is in contravention to the provision of law requiring regularization of certain lands as provided under Section 94-A of the Act. There cannot be any cavil that all applications filed under Section 94-A of the Act are in respect of Government lands which are also known as gomal land. When an exception is carved out in sub-rule (4) of Rule 97 of the Rules exempting the application of the Rule 97 which empowers the Deputy Commissioner to pass orders de-reserving gomal land taking consideration the cattle population and the requirements of land to be reserved for pasteurizing, having regard to any application made seeking regularization of unauthorized cultivation under Chapter XIIIA of the Rules, the Deputy Commissioner could not have rejected the application - 6 - HC-KAR NC: 2026:KHC:19505 WP No. 9325 of 2026 solely on the ground that the lands are gomala lands and they cannot be regularized in favour of the applicants. 5. Having regard to the above findings, this Court is of the considered opinion that the impugned order passed by the Deputy Commissioner, in so far as the petitioner's application is concerned, cannot be sustained. 6. Consequently, this Court proceeds to pass the following: ORDER i. The writ petition is allowed. ii. The impugned order dated 27.02.2025 at Annexure - C passed by the respondent - Deputy Commissioner, Hassan District, in so far as the petitioner is concerned, is hereby quashed and set aside. iii. The matter stands remitted back to the Tahsildar, Arakalagud Taluk, to place the application of the petitioner before the - 7 - HC-KAR NC: 2026:KHC:19505 WP No. 9325 of 2026 Committee for regularization of unauthorized occupation within a period of four weeks from the date of receipt of copy of this order. iv. The Committee shall thereafter consider the application of the petitioner 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 from which the application is placed by the Tahsildar before the Committee. 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.: 35