H Lakhsmana Vs Deputy Commissioner — Writ and Judicial Review | Karnataka HC (2025)

H Lakhsmana Vs Deputy Commissioner — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Mandamus directions issued: respondent No.3-Tahsildar, Bhadravathi Taluk, to verify from the records whether the Form No.57 application dated 29.07.2022 is pending; if it was indeed filed and remains unconsidered, to place it with his recommendation before respondent No.4 Committee within two months of receipt of a copy of the order; respondent No.4 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. The interim prayer for non-interference with possession was not expressly dealt with in the order.

Issue for consideration

Whether the respondents (Nos. 2 to 4) should be directed to consider the petitioner's Form No.57 application dated 29.07.2022 seeking regularization of unauthorised occupation of 3 acres of land in Survey No.2, Kottadhalu Village, Kudlligere Hobli, Bhadravathi Taluk, which had not been considered till date. +1 more

Court's answer

The writ petition stands disposed of with a specific direction to respondent No.3-Tahsildar, Bhadravathi Taluk, to verify from the records whether the petitioner's application filed on 29.07.2022 is pending consideration.

Ratio / Principle

If verification shows that the application was indeed filed by the petitioner and is yet to be considered, the Tahsildar is directed to place the application before respondent No.4 Committee along with his recommendation within two months from the date of receipt of a copy of the order.

Key takeaways

Respondent No.4-Committee shall thereafter 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¶32

Detailed headnote1 paragraphs

Karnataka Land Revenue Rules, 1966 — Rule 108CCC(1) & (2) — Form No.57 application dated 29.07.2022 for regularization of unauthorised occupation of 3 acres of land in Survey No.2, Kottadhalu Village, Kudlligere Hobli, Bhadravathi Taluk — application pending consideration before revenue authorities — writ petition under Articles 226 and 227 of the Constitution disposed of with directions: respondent No.3-Tahsildar to verify from the records whether the application filed on 29.07.2022 is pending; if it was indeed filed and is yet to be considered, to place it before respondent No.4 (Akram Sakram Regularization Committee) with his recommendation within two months from 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. Additional Government Advocate permitted to file memo of appearance within four weeks.

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NC: 2025:KHC:31655 WP No. 33447 of 2024

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 33447 OF 2024 (KLR-RR/SUR)

BETWEEN:

H LAKHSMANA

S/O HARIHARAPPA, AGED ABOUT 38 YEARS, R/AT 318, KALPANAHALLI ROAD, KUDLLIGERE, BHADRAVATHI (TQ)

SHIVAMOGGA (DIST) - 577 233.

…PETITIONER

(BY SRI. SHRAVAN BHARADWAJ B.V, ADVOCATE)

AND:

DEPUTY COMMISSIONER

SHIVAMOGGA DISTRICT - 577 201.

Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

ASSISTANT COMMISSIONER

BHADRAVATHI TALUK,

SHIVAMOGGA DISTRICT - 577 201.

THASILDAR BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 201.

THE CHAIRMAN AKRAM SAKRAM REGULARIZATION COMMITTEE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577 201. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA)

2 - NC: 2025:KHC:31655 WP No. 33447 of 2024

HC-KAR

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) DIRECTING THE RESPONDENT NO.2 TO 4 TO CONSIDER THE FORM-57 DATED 29.07.2022 FILED UNDER SECTION 108 CCC SUB RULE (1) AND (2) OF KARNATAKA LAND REVENUE RULES, 1966 MADE BY THE PETITIONER AS EXPEDITIOUSLY AS POSSIBLE 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 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 3 acres of land in Survey No.2 of Kottadhalu, Village, Kudlligere Hobli, Bhadravathi Taluk, on 29.07.2022, 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.3-Tahsildar, Bhadravathi Taluk, to

3 - NC: 2025:KHC:31655 WP No. 33447 of 2024

HC-KAR

verify from the records as to whether such an application filed by the petitioner on 29.07.2022 is pending consideration. If it is found that such an application was indeed filed by the petitioner and the 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.

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.: 15 CT: BHK