Sri. Balakrishna Gowda Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri. Balakrishna Gowda Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Direction to respondent No.2-Tahsildar, Belthangady Taluk to place the petitioner's regularization application with his recommendation before the Committee for regularization of unauthorized occupation within four weeks; the Committee to consider the application and pass necessary orders within two months; petitioner's possession not to be disturbed till the Committee decides. Learned HCGP permitted to file memo of appearance within four weeks.

Issue for consideration

Whether respondent No.2-Thasildar, Belthangady Taluk could be directed to comply with the Assistant Commissioner's order dated 02.02.2022 (Annexure-A) and place the petitioner's application for regularization of unauthorized occupation before the Committee.

Court's answer

The writ petition stands disposed of with a specific direction to respondent No.2-Tahsildar, Belthangady Taluk to place the petitioner's application, along with his recommendation, before the Committee for regularization of unauthorized occupation within four weeks from receipt of a copy of the Order.

Ratio / Principle

Thereafter, the Committee shall consider the application filed by the petitioner and pass necessary orders within a period of two months from the date the application is placed before the Committee by the Thasildar.

Key takeaways

The possession of the petitioner shall not be disturbed till a decision is taken by the Committee.ratio¶37

Detailed headnote1 paragraphs

Writ Petition (KLR-RES) under Articles 226 and 227 of the Constitution of India: petitioner Balakrishna Gowda sought a direction to respondent No.2-Thasildar, Belthangady Taluk to comply with the order dated 02.02.2022 (Annexure-A) passed by the Assistant Commissioner, Puttur Sub-Division, in Appeal No. ADS/R.E.V.S.R/147/2018-19, whereby the earlier order dated 08.07.1998 of the Committee for Regularization of Unauthorized Occupation in NCR:CR.No.330/91-92 (Belthangady Taluk) was set aside and the matter remanded to the Tahsildar to place the regularization-of-unauthorized-occupation application once again before the Committee. As no action followed, the High Court (R Devdas, J.) disposed of the petition directing the Tahsildar to place the application with his recommendation before the Committee within four weeks, the Committee to pass necessary orders within two months, and protecting the petitioner's possession till decision.

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NC: 2025:KHC:31914 WP No. 24882 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 24882 OF 2025 (KLR-RES)

BETWEEN:

SRI. BALAKRISHNA GOWDA, S/O. LATE RAMAYYA GOWDA, AGED ABOUT 58 YEARS, RESIDING AT GULLODI HOUSE, KALMANJA VILLAGE, BELTHANGADY TALUK, D.K DISTRICT - 574 228.

…PETITIONER

(BY SRI. THARANATH SHETTY., ADVOCATE)

AND:

Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU-560001. BY ITS CHIEF SECRETARY.

THE THASILDAR, BELTHANGADY TALUK, SECRETARY AKRAMA-SAKRAMA COMMITTEE, BELTHANGADY, D.K DISTRICT - 574 214.

…RESPONDENTS

(BY SRI.SESHU V., HCGP)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-2 TO COMPLY THE ORDER DTD 02.02.2022 PASSED BY THE AC,

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NC: 2025:KHC:31914 WP No. 24882 of 2025

HC-KAR

PUTTUR SUB-DIVISION, PUTTUR, IN APPEAL NO. ADS/R.E.V.S.R/147/2018-19 FORTHWITH, AS PER ANNX-A.

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 both the respondents.

The grievance of the petitioner is that despite the Assistant Commissioner, Puthur Sub-Division, passing an order at Annexure-A dated 02.02.2022 directing the Thasildar, Belthangady Taluk to take action on the application filed by the petitioner for regularization of unauthorized occupation, no action has been taken by the Thasildar.

It is seen from the order at Annexure-A passed by the Assistant Commissioner in dispute bearing No.ADS:R.E.V.S.R/147/2018-19 that the earlier order passed by the Committee for Regularization of

3 - NC: 2025:KHC:31914 WP No. 24882 of 2025

HC-KAR

Unauthorized Occupation in NCR:CR.No.330/91-92 dated 08.07.1998 of Belthangady Taluk is set aside by the Assistant Commissioner and an order of remand has been passed by the Assistant Commissioner directing the Tahsildar to place the application once again before the Committee.

The writ petition stands disposed of , with a specific direction to respondent No.2-Tahsildar, Belthangady Taluk to place the application of the petitioner along with his recommendation before the Committee for regularization of unauthorized occupation within a period

of four weeks from the date of receipt of copy of this Order.

Thereafter, the Committee shall consider the application filed by the petitioner and pass necessary orders within a period of two months from the said date of the application being placed before the Committee at the

hands of the Thaslidar. Needless to observe, the

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NC: 2025:KHC:31914 WP No. 24882 of 2025

HC-KAR

possession of the petitioner shall not be disturbed till a

decision is taken by the Committee.

Ordered accordingly.

Learned High Court Government Pleader is permitted

to file memo of appearance within a period of four weeks

from today.

Sd/(R DEVDAS) JUDGE

KVR

List No.: 1 Sl No.: 33