Venkatappa v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 5748 OF 2026 (KLR-REG) BETWEEN: VENKATAPPA S/O LATE MUNICHOWDAPPA AGED 73 YEARS RESIDING AT YALUVAHALLI TEKAL HOBLI, MALUR TALUK KOLAR DISTRICT - 563 130. …PETITIONER (BY SMT. NEERAJA KARANTH, ADVOCATE) AND:

¶1THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REP. BY ITS SECRETARY M.S. BUILDING, AMBEDKAR VEEDHI BENGALURU - 560 001.

¶2THE BAGAR HUKKUM SAGUVALI REGULARISATION COMMITTEE, MALUR TALUK KOLAR DISTRICT - 563 130.

¶3THE TAHSILDAR MALUR TALUK, KOLAR DISTRICT - 563 130. …RESPONDENTS (BY SRI. V. SESHU, HCGP) by SHARADAVANI B Location: High Court of Karnataka

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO. 3 TO CONSIDER AND PASS SUITABLE ORDERS ON HIS REPRESENTATION DATED 22/2/2022 SEEKING DISPOSAL OF FORM NO. 53 FILED BY HIS FATHER MUNICHOWDAPPA (NOW DECEASED) WITH RESPECT TO REGULARISATION OF HIS UNAUTHORISED OCCUPATION OVER LAND MEASURING 5-00 ACRES IN SY NO. 70 OF YALUVAHALLI VILLAGE, TEKAL HOBLI, MALUR TALUK, KOLAR DISTRICT, FILED AND MARKED AS ANNEXURE-A TO THE WRIT PETITION.

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 High Court Government Pleader takes notice for all the respondents.

¶2It is the contention of the petitioner that earlier when his application seeking regularisation of unauthorised occupation of 5 acres of land in Survey No.70 of Yaluvahalli Village, Tekal Hobli, Malur Taluk, Kolar District was rejected by the Committee, the petitioner's father late Sri.Munichowdappa filed a writ petition before this Court in W.P.No.52978/2013.

This Court accepted the contention of the learned Government Advocate that a person aggrieved of an order of rejection at the hands of the Committee should approach the Assistant Commissioner and accordingly, disposed of the writ petition, reserving liberty to the petitioner to approach the Assistant Commissioner, Malur Taluk. Accordingly, the petitioner filed an appeal before the Assistant Commissioner in proceedings bearing No.LND.RUO

(A)05/2010-2011. The Assistant Commissioner by Order dated 07.04.2016 allowed the appeal, set aside the order dated 08.12.2010 passed by the Committee while remanding the matter back to the Tahsildar and the Committee for reconsideration in the light of the observations made in the order of the Assistant Commissioner. However, the Tahsildar and the Committee for regularisation of unauthorised occupation have not taken up the application for reconsideration. Therefore, the prayer in the writ petition is to issue a writ of mandamus directing the respondent-Tahsildar and the Committee to take up the application re-consider the same in terms of the orders passed by the Assistant Commissioner and pass necessary orders within a time frame.

¶3Having 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.3-Tahsildar was duty bound to place the application filed by the petitioner before respondent No.2, 'Committee for Regularization of Unauthorized Occupation' and the Committee was also duty bound to consider the application and pass necessary orders.

¶4Consequently, the writ petition stands disposed of with a specific direction to respondent No.3-Tahsildar, Malur Taluk, to place the application before respondent No.2-Committee, along with his recommendation keeping in mind the order passed by the Assistant Commissioner, within a period of four weeks from the date of receipt of a copy of this order. Thereafter, respondent No.2-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.

¶5Learned High Court Government Pleader 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.: 6