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

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

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: respondent No.3-Tahsildar, Hiriyur Taluk to verify from records whether the petitioner's application filed on 11.08.2022 is pending; if so, to place it before the Committee for Regularization of Unauthorised Occupation with his recommendation within four weeks of receipt of a copy of the order; the Committee to consider the application and pass necessary orders in accordance with law as expeditiously as possible and at any rate within two months thereafter. Learned HCGP permitted to file memo of appearance within four weeks.

Issue for consideration

Whether the respondent-Tahsildar was duty bound to place the petitioner's Form No.57 application for regularization of unauthorised occupation before the Committee for Regularization of Unauthorized Occupation, and whether the Committee was duty bound to consider the application and pass necessary orders.

Court's answer

The respondent-Tahsildar was duty bound to place the application filed by the petitioner before the Committee for Regularization of Unauthorized Occupation.

Ratio / Principle

The Committee for Regularization of Unauthorized Occupation was also duty bound to consider the application and pass necessary orders.

Key takeaways

The writ petition was disposed of with a specific direction to respondent No.3-Tahsildar, Hiriyur Taluk to verify from the records whether the application filed by the petitioner on 11.08.2022 is pending consideration and, if found filed and still unconsidered, to place it before the Committee for Regularization of Unauthorised Occupation along with his recommendation within four weeks from receipt of a copy of the order.ratio¶33
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 thereafter.ratio¶33

Detailed headnote1 paragraphs

Writ Petition No. 28946 of 2025 (KLR-RR/SUR), High Court of Karnataka at Bengaluru, decided 25.09.2025, Coram: Hon'ble Mr. Justice R Devdas (oral order). The petitioner, an agriculturist aged 53 in occupation of 4 acres in Sy.No.5 of Sheshappanahalli village, Javagondanahalli Hobli, Hiriyur Taluk, Chitradurga District for more than 25 years, complained that his application in Form No.57 dated 11.08.2022 seeking regularization of unauthorised occupation had not been considered; the prayer also sought a direction to respondent No.3 to consider a representation vide Annexure-C dated 18.08.2025. The Court held that the respondent-Tahsildar was duty bound to place the application before the Committee for Regularization of Unauthorized Occupation, and the Committee was duty bound to consider it and pass necessary orders. The petition was disposed of with time-bound directions: the Tahsildar to verify whether the 11.08.2022 application is pending and, if so, place it before the Committee with his recommendation within four weeks of receipt of a copy of the order; the Committee to pass orders in accordance with law as expeditiously as possible and at any rate within two months thereafter. Learned HCGP permitted to file memo of appearance within four weeks. No precedents cited; no quantum involved.

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NC: 2025:KHC:38879 WP No. 28946 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF SEPTEMBER, 2025 BEFORE

THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 28946 OF 2025 (KLR-RR/SUR)

BETWEEN:

SRI. CHITTAPPA S/O KARIYAPPA B AGE: 53 YEARS OCC: AGRICULTURE R/A CHITRADEVARAHATTI VILLAGE, HALMLADENAHALLIL POST, J J HOBLI, TALUK HIRIYUR, DIST- CHITRADURGA 577511

…PETITIONER

(BY SMT. RATHNAMMA E., ADVOCATE)

AND:

Digitally signed by NANDINI B G Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT M S BUILDING

BENGALURU - 560001

THE DEPUTY COMMISSIONER CHITRADURGA DIST-CHITRADURGA 577501

THE TAHSILDAR HIRIYUR TALUK, HIRIYUR DIST - CHITRADURGA 577511

…RESPONDENTS

(BY SRI. V. SESHU, HCGP.)

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NC: 2025:KHC:38879 WP No. 28946 of 2025

HC-KAR

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO CONSIDER REPRESENTATION VIDE ANNEXURE-C DATED 18.08.2025.

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 HCGP accepts notice for all the respondents.

It is the case of the petitioner that he is in occupation of 4 Acres of land in Sy.No.5 of Sheshappanahalli village, Javagondanahalli Hobli, Hiriyur Taluk, Chitradurga District for more than 25 years. The grievance of the petitioner is that his application filed in Form No.57 seeking regularization of unauthorised occupation on 11.08.2022 has not been considered till date. Therefore, the prayer in the petition is to direct the respondents to consider the said application.

Having regard to the contentions raised in the writ petition and submissions of the learned Counsel for

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NC: 2025:KHC:38879 WP No. 28946 of 2025

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the petitioner, this Court is of the considered opinion that respondent-Tahsildar was duty bound to place the application filed by the petitioner before the Committee for Regularization of Unauthorized Occupation and the Committee was also duty bound to consider the application and pass necessary orders.

Consequently, the writ petition stands disposed

of with a specific direction to respondent No.3-Tahsildar, Hiriyur Taluk to verify from the records as to whether such an application is filed by the petitioner on 11.08.2022, is pending consideration. If it is found that such application was indeed filed by the petitioner and the application is yet to be considered, the respondent-Tahsildar is directed to place before the ‘Committee for Regularization of Unauthorised Occupation’ the application along with his recommendation within a period of four weeks 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

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HC-KAR

as possible and at any rate within a period of two months

thereafter.

Ordered accordingly.

Learned HCGP is permitted to file memo of

appearance within a period of four weeks from today.

Sd/(R DEVDAS) JUDGE

MKM List No.: 1 Sl No.: 19