Smt. Shanthamma v. The State of Karnataka

NC:(2026:KHC:16781( WP(No.(3375(of(2026( ( , ,,HC-KAR( ( ( IN THE HIGH COURT OF KARNATAKA AT BENGALURU

THDATED THIS THE 25 DAY OF MARCH, 2026

BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 3375 OF 2026 (KLR-RES)

BETWEEN:

SMT. SHANTHAMMA W/O LATE CHIKKAVENKATARAMANNAPPA AGED ABOUT 61 YEARS,

RESIDING AT KARIMSONNENAHALLI VILLAGE, DODDATUMAKURU POST, MADHURE HOBLI, DODDABALLAPURA TALUK,

BENGALURU RURALDISTRICT-561203.

…PETITIONER

(BY SRI. NARESH KUMAR P C.,ADVOCATE)

Digitally AND: signedtiby VANAMALA N 1. THE STATE OF KARNATAKA Location: DEPARTMENT OF REVENUE HIGH MS BUILDING COURT0OF KARNATAKA BENGALURU-560 001 REPRESENTED BY ITS CHIEF SECRETARY

¶2THE TAHASILDAR DODDABALLAPUR TALUK DODDABALLAPURA-561 203 BANGALORE RURAL DISTRICT.

NC:(2026:KHC:16781( WP(No.(3375(of(2026( ( , ,,HC-KAR( ( (

¶3THE PRESIDENT BAGARHUKUM REGULARIZATION COMMITTEE, DODDABALLAPRA TALUK DODDABALLAPURA-561 203. BENGALURU RURAL DISTRICT.

…RESPONDENTS (BY SMT. B. P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 26.07.2023 ISSUED BY THE RESPONDENT THE TAHSILDAR, DODDABALLAPURA TALUK,DODDABALLAPURA IN LND/CR/25/2023-24 AT ANNEXURE - A; ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF A WRIT OF MANDAMUS, TO THE RESPONDENT NO.3 TO CONSIDER THE APPLICATION FILED BY THE PETITIONERS HUSBAND AT ANNEXURE-AND THEREAFTER BY THE PETITIONER AT ANNEXURE-SEEKING GRANT OF THE LAND MEASURING 2 ACERS IN SY. NO.73 KARIMSONNENAHALLI VILLAGE, DODDABALLAPURA TALUK. OF MADHURE HOBLI. 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 takes notice for all the respondents.

¶2The grievance of the petitioner is directed against the impugned Endorsement at Annexure - A dated 26.07.2023 issued by respondent No.2 - Tahsildar, Doddaballapura Taluk rejecting the request made by the petitioner for issuance of Saguvali Chit. Learned counsel for the petitioner submits that in the Endorsement, the Tahsildar has accepted the fact that on the application filed by the petitioner seeking regularisation of unauthorised occupation of 2 acres of land in Sy. No.73 of Karimsonnenahalli Village, Madhure Hobli, Doddaballapura Taluk, Bengaluru Rural District, the Committee for regulation of unauthorised occupation passed a resolution regularising 35 guntas in favour of the petitioner. However, the request for issuance of Saguvali Chit has been rejected by the Tahsildar on the ground that the land in question falls within the prohibited distance from the boundary of the Bruhat Bangalore Mahanagara Palike.

¶3Learned counsel for the petitioner submits that this Court has held in the case of Ashwathappa and others Vs. State of Karnataka and others in W.P.No.2411/2022 disposed of on

18.02.2022 that the application for regularisation of unauthorised occupation is required to be considered as on the date of the application and not subsequently when the application is taken up for consideration. Nevertheless, in the present matter, it is clear that the Committee has passed a resolution granting 35 guntas of land in favour of the petitioner. Therefore, the Tahsildar could not have issued the impugned Endorsement.

¶4There is substance in the submission made by the learned counsel for petitioner. Once the Committee has decided to grant the lands in favour of the petitioner, it is the duty of the Tahsildar to proceed to collect the kimmat and issue Saguvali Chit in favour of the petitioner. On the other hand, if the Tahsildar was aggrieved of the decision taken by the Committee, then the Tahsildar should have filed an appeal before the Assistant Commissioner questioning the decision of the Committee. That not having been done, the Tahsildar could

not have rejected the application given by the petitioner for issuance of Saguvali Chit.

¶5Accordingly, the writ petition is allowed. The impugned Endorsement at Annexure - A dated 26.07.2023 issued by the Tahsildar, Doddaballapura Taluk is hereby quashed and set aside. The Tahsildar is directed to collect the kimmat from the petitioner and proceed to issue Saguvali Chit in favour of the petitioner as expeditiously as possible and at any rate within a period of two [2] months from the date of receipt of a copy of this order. After issuance of the Saguvali Chit, the name of the petitioner shall also be entered in the revenue records.

Ordered accordingly.

Sd/-

RB (R DEVDAS) JUDGE