Smt. Shobha Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Smt. Shobha Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Direction to respondent No.2-Tahsildar to verify the genuineness of the petitioner's claim from records; upon finding the application on record, the Annexure-E temporary grant certificate/hakkupatra issued and compliance with legal requirements, to grant the land and issue a registered sale deed and hakkupatra in accordance with law, completing the exercise within three months; interim protection from precipitative action/dispossession until such order is passed.

Issue for consideration

Whether a writ of mandamus should issue directing respondent No.2-Tahsildar to pass an order regularising the petitioner's unauthorised occupation and dwelling house in terms of the application filed, and thereafter execute a registered sale deed as done for other dwelling house owners.

Court's answer

Writ petition disposed of with a direction to respondent No.2-Tahsildar, Bangalore North Taluk, Yelahanka, to verify from the records the genuineness of the claim made by the petitioner.

Ratio / Principle

If it is found that the application was indeed filed and a temporary grant certificate/hakkupatra was already issued in terms of Annexure-E, and the petitioner complies with all requirements of law, the Tahsildar shall pass an order granting the land in accordance with law.

Key takeaways

Pursuant to the grant, a registered sale deed and hakkupatra shall also be issued in favour of the petitioner in accordance with law.ratio¶36
The entire exercise shall be completed as expeditiously as possible and at any rate within three months from the date of receipt of a copy of the order.ratio¶37
Until such order is passed by the Tahsildar considering the petitioner's application, no precipitative action shall be taken against the petitioner for dispossession.

Detailed headnote1 paragraphs

Constitution of India, Art. 226 — Regularisation of unauthorised occupation — Petitioner claiming unauthorised occupation and construction of a residential house on 1200 sq. ft. in Sy.No.70 of Adde Vishwanathapura Village, Hesaraghatta Hobli, Bangalore North Taluk, sought mandamus to the Tahsildar, Bangalore North Taluk, Yelahanka, to regularise the occupation and dwelling house and execute a registered sale deed and hakkupatra, relying on a temporary hakkupatra (Annexure-E) and similar grants to neighbouring applicants (Annexures-F, G series): Held, writ petition disposed of; Tahsildar directed to verify from records the genuineness of the claim; if the application was indeed filed, the temporary grant certificate/hakkupatra (Annexure-E) already issued and the petitioner complies with all requirements of law, land shall be granted in accordance with law and thereafter a registered sale deed and hakkupatra issued; entire exercise within three months of receipt of copy of order; till then no precipitative action for dispossession.

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NC: 2026:KHC:11702 WP No. 6020 of 2026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF FEBRUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 6020 OF 2026 (KLR-REG)

BETWEEN:

SMT. SHOBHA AGED ABOUT 34 YEARS, W/O MANJUNATHA, R/AT ADDE VISHWANATHAPURA, ARAKERE, BENGALURU-561 203.

…PETITIONER

(BY SRI. VIVEK B.N., ADVOCATE FOR SRI. A. ABHINAV RAMANAND, ADVOCATE)

AND:

Digitally signed by LAKSHMI T Location: High Court of Karnataka

THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY.

THE TAHSILDAR BENGALURU NORTH TALUK, YELAHANKA, BENGALURU-560 064.

…RESPONDENTS

(BY SRI. K.P. YOGANNA, AGA)

THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO: (A) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT

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NO.2-TAHSILDHAR TO REGULARIZE THE UNAUTHORIZED OCCUPATION AND CONSTRUCTION OF HOUSE PUT IN THE SCHEDULE PROPERTY BY THE PETITIONER BY CONSIDERING HIS APPLICATION DATED 02.02.2017, THE ACKNOWLEDGMENT OF WHICH IS PRODUCED AT ANNEXURE-D TO THE WRIT PETITION ON PAR WITH SIMILARLY SITUATED PROPERTIES VIDE ANNEXURE-F DATED 25.06.2020, ANNEXURE-F1-F5 DATED 20.03.2020 AND ANNEXURE-G AND G1 DATED 18.08.2025, ANNEXURE-G2 DATED 11.08.2025 AND ANNEXURE-G3 TO G5 DATED 18.08.2025 AND TILL SUCH TIME DIRECT THE RESPONDENTS NOT TO TAKE ANY PRECIPITATIVE ACTION IN RESPECT OF THE SCHEDULE PROPERTY; 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 High Court Government Pleader takes notice for both the respondents.

It is the contention of the petitioner that he

being in unauthorised occupation and having constructed a residential house on 1200 square feet of land in Sy.No.70 of Adde Vishwanathapura Village, Hesaraghatta Hobli, Bangalore North Taluk. The petitioner filed an application seeking regularisation of unauthorised occupation of the

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dwelling house on 23.02.2022. It is contended that Annexure-E is the temporary hakkupatra granted in favour of the petitioner. However, the respondent-Tahsildar has not executed a sale deed like what is done in the case of the neighbouring applicants, as found at Annexure-F. Pursuant to the sale deeds executed in favour of the neighbours, hakkupathras have also been issued, as found at Annexure-G series. The prayer in the writ petition is to issue a writ of mandamus directing the Tahsildar to pass an order regularising the unauthorised occupation and dwelling house in terms of the application filed by the petitioner and thereafter, execute a registered sale deed as was done in the case of the other dwelling house owners.

Having regard to the contentions raised by the petitioner, the writ petition stands disposed of , with a direction to respondent No.2-Tahsildar, Bangalore North Taluk, Yelahanka, to verify from the records the genuineness of the claim made by the petitioner. If it is

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found that such an application was indeed filed by the petitioner and a temporary grant certificate/hakkupatra was already issued in favour of the petitioner in terms of Annexure-E and if the petitioner complies with all the requirements of law, the Tahsildar shall proceed to pass an

order granting the land in favour of the petitioner in accordance with law. Pursuant thereto, a registered sale deed and hakkupatra shall also be issued in favour of the petitioner in accordance with law.

The entire exercise shall be completed as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this order. Needless to observe that till such an order is passed by the Tahsildar, considering the application of the petitioner, no precipitative action shall be taken against the petitioner for dispossession.

Ordered accordingly.

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Learned High Court Government Pleader is

permitted to file memo of appearance within a period of four weeks from today.

Sd/(R DEVDAS) JUDGE

HB

List No.: 1 Sl No.: 12