Harish K .B Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Harish K .B Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Directions issued: respondent No.5-Tahsildar to verify pendency of the Form No.57 application dated 22.11.2022 and, if pending, place it before respondent No.4-Committee with his recommendation within two months; the Committee to consider the application and pass orders in accordance with law within a further two months; petitioner's possession over the schedule property not to be disturbed till disposal of the application; HCGP permitted to file memo of appearance within four weeks.

Issue for consideration

Whether the respondents can be directed, by mandamus, to place the petitioner's Form No.57 application dated 22.11.2022 seeking regularization of unauthorized cultivation of one acre in Sy.No.31 of Kadenahalli Village before the Committee and to consider and dispose of it on merits, and not to disturb the petitioner's possession till disposal.

Court's answer

The writ petition is disposed of with a specific direction to respondent No.5-Tahsildar, Chikkanayakanahalli Taluk, to verify from the records whether the petitioner's application filed on 22.11.2022 is pending consideration.

Ratio / Principle

If the application is found to have been filed and remains unconsidered, the Tahsildar must place it before respondent No.4-Committee with his recommendation within two months of receipt of the order; 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 further period of two months.

Key takeaways

Till the petitioner's application is disposed of in terms of the Court's directions, the petitioner's possession over the petition schedule property shall not be disturbed.ratio¶¶37

Detailed headnote1 paragraphs

Land Revenue — Regularization of unauthorized cultivation — Petitioner's application in Form No.57 dated 22.11.2022 for regularization of unauthorised occupation of 1 acre in Survey No.31 of Kadenahalli Village, Kasaba Hobli, Chikkanayakanahalli Taluk, Tumakuru District, not considered — Writ petition under Articles 226 and 227 seeking mandamus to consider the application — Held: Writ petition disposed of; respondent No.5-Tahsildar directed to verify from records whether the application filed on 22.11.2022 is pending and, if so, to place it before respondent No.4-Committee with his recommendation within two months; Committee to consider the application and pass necessary orders in accordance with law within a further period of two months; till disposal of the application, petitioner's possession over the petition schedule property shall not be disturbed.

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NC: 2025:KHC:31137 WP No. 33006 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MR. JUSTICE R DEVDAS

WRIT PETITION NO. 33006 OF 2024 (KLR-RES)

BETWEEN:

HARISH K B S/O. BYRAPPA K.S., AGED ABOUT 38 YEARS R/O. VIDYANAGARA, CHIKKANAYAKANAHALLI TOWN, TUMAKURU DISTRICT-572214. PRESENTLY RESIDING AT: "OM SHRI GURU NILAYA", BANASHANKARI II STAGE, MUNESHWARA BLOCK, TUMAKURU-572102.

…PETITIONER

(BY SRI. S V PRAKASH, ADVOCATE)

Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

AND:

STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, M.S. BUILDING, DR. B.R.AMBEDKAR VEEDHI, BENGALURU-560001.

THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, TUMAKURU - 572101.

THE ASSISTANT COMMISSIONER, TIPTUR SUB-DIVISION, TIPTUR-572201.

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NC: 2025:KHC:31137 WP No. 33006 of 2024

HC-KAR

THE COMMITTEE CONSTITUTED FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION OF GOVERNMENT LANDS, CHIKKANAYAKANAHALLI TALUK, CHIKKANAYAKANAHALLI, REPRESENTED BY ITS SECRETARY.

TAHSILDAR CHIKKANAYAKANAHALLI TALUK, CHIKKANAYAKANAHALLI, TUMAKURU DISTRICT-572214

…RESPONDENTS

(BY SRI. SESHU V., HCGP)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS COMMANDING THE 2ND RESPONDENT TO DIRECT THE 5TH RESPONDENT TO PLACE APPLICATION MADE BY THE PETITIONER UNDER FORM NO.57 SEEKING REGULARIZATION OF HIS UNAUTHORIZED CULTIVATION OVER THE ONE ACRE OF THE LAND SY.NO.31 OF KADENAHALLI VILLAGE, KASABA HOBLI, CHIKKNAYAKANAHALLI TALUK, TUMAKURU DISTRICT BEFORE THE 4TH RESPONDENT COMMITTEE AND FURTHER THE 4TH RESPONDENT COMMITTEE MAY BE DIRECTED TO CONSIDER AND DISPOSE OF THE SAID APPLICATION ON MERITS IN ACCORDANCE WITH LAW AS EXPEDITIOUSLY AS POSSIBLE AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:31137 WP No. 33006 of 2024

HC-KAR

CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

Learned High Court Government Pleader accepts notice for all the respondents.

The grievance of the petitioner is that his application filed in Form No.57 seeking regularization of unauthorised occupation of 1 acre of land in Survey No.31 of Kadenahalli Village, Chikkanayakanahalli Taluk, on 22.11.2022, has not been considered till date. Therefore, the prayer in the petition is to direct the respondents to consider the said application and till consideration, direct the respondents not to interfere with the peaceful possession and enjoyment of the petition schedule property.

The writ petition stands disposed of with a specific direction to respondent No.5-Tahsildar, Chikkanayakanahalli Taluk, Chikkanayakanahalli to verify from the records as to whether such an application filed by the petitioner on 22.11.2022 is pending consideration. If it is found that such an application was indeed filed by the petitioner and the

4 - NC: 2025:KHC:31137 WP No. 33006 of 2024

HC-KAR

application is yet to be considered, the Tahsildar is directed to place before respondent No.4 - Committee, the application along with his recommendation within a period of two months 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 and pass necessary orders.

Needless to observe that till the application of the petitioner is disposed of in terms of the directions issued by this Court, the possession of the petitioner in respect of the petition schedule property shall not be disturbed.

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

KG

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