Sanna Thimmaiah S/O Doddobaiah Vs the Deputy… — Writ and Judicial Review | Karnataka HC (2026)

Sanna Thimmaiah S/O Doddobaiah Vs the Deputy… — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Impugned eviction notices dated 10.11.2025 quashed and set aside; the order said to have been passed by the Deputy Commissioner on 01.01.2025 also quashed and set aside; Tahsildar, Challakere Taluk directed to place the petitioners' applications with his recommendation before the Committee for Regularisation of Unauthorised Occupation within six weeks, and the Committee to consider the applications and pass orders in accordance with law within three months.

Issue for consideration

Whether the eviction notices dated 10.11.2025 issued by the Tahsildar, Challakere Taluk, on the ground that the petitioners are in unauthorised occupation of Government lands, should be quashed, given the petitioners' pending Form No.57 applications for regularisation of unauthorised occupation. +1 more

Court's answer

The writ petitions are allowed and the impugned eviction notices dated 10.11.2025 are quashed and set aside.

Ratio / Principle

There is substance in the submission made by the learned counsel for the petitioners.

Key takeaways

If an order was passed by the Deputy Commissioner on 01.01.2025, served on the petitioners' counsel during the hearing, such an order is also quashed and set aside.ratio¶251
The Tahsildar, Challakere Taluk is directed to place the petitioners' applications, along with his recommendation, before the Committee for Regularisation of Unauthorised Occupation within six weeks from receipt of a copy of the order; the Committee shall thereafter consider the applications and pass orders in accordance with law within three months from the date the applications are placed before it.ratio¶254

Detailed headnote1 paragraphs

Fifteen writ petitions (KLR-RES) by residents of T.N. Kote Village, Parashurampura Hobli, Challakere Taluk, challenged eviction notices dated 10.11.2025 (No. L.N.D:C.R:181/2025-26, Annexure-C) issued by the Tahsildar, Challakere Taluk, requiring them to vacate lands on the ground that the lands were Government lands in their unauthorised occupation. The petitioners had filed Form No.57 applications for regularisation of unauthorised occupation which were yet to be considered; during hearing the High Court Government Pleader produced orders said to have been passed by the Deputy Commissioner, Chitradurga on 01.01.2025 rejecting all applications in Survey Nos.70/1 & 71/1 on the Tahsildar's recommendation, the lands being said to be earmarked for grazing. Relying on this Court's decision in W.P.No.25148/2025 — that under Rule 97(4) of the Karnataka Land Revenue Rules, 1966 and its proviso, no permission of the Deputy Commissioner is necessary for reduction of gomal land for regularisation of unauthorised occupation under Chapter XIII-A, and the Tahsildar could not reject applications on the ground of sufficiency or insufficiency of gomal for pasturage — the Court found substance in the petitioners' submissions, allowed the petitions, quashed the eviction notices dated 10.11.2025 and the order of 01.01.2025, and directed the Tahsildar to place the applications with his recommendation before the Committee for Regularisation of Unauthorised Occupation within six weeks, the Committee to pass orders in accordance with law within three months. Coram: R Devdas, J. Petitions filed under Articles 226 & 227 of the Constitution of India.