YALLABAI vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11725
WP No. 204235 of 2026
CNR: KAHC030109902026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 30 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO.204235 OF 2026 (KLR-REG)
BETWEEN:
1. YALLABAI
W/O LATE PUNDALIK BANDAL
AGE 45 YEARS
OCC HOUSEHOLD.
2. SHANTABAI
W/O CHANDRAM BANDALA
AGE 75 YEARS
OCC AGRICULTURE.
3. RENUKABAI
W/O KRISHNAPPA MADAR
AGE 52 YEARS
OCC AGRICULTURE.
4. MALLAPPA
S/O JETTAPPA BANDALA
AGE 60 YEARS
OCC AGRICULTURE.
5. CHIDANAND
S/O CHANDAPPA MADAR
AGE 55 YEARS
OCC. AGRICULTURE.
6. NINGAPPA
S/O GOLAPPA JADAR
Digitally
signed by
SWETA
KULKARNI
Location:
HIGH COURT
OF
KARNATAKA
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WP No. 204235 of 2026
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AGE 65 YEARS
OCC. AGRICULTURE.
7. PARASAPPA
S/O CHANDAPPA MADAR
AGE 52 YEARS
OCC AGRICULTURE.
8. SAMPATHKUMAR
S/O DAYANAND KONDAGULI
AGE 50 YEARS
OCC AGRICULTURE.
9. JANABAI
W/O LATE CHANDAPPA MADAR
AGE 58 YEARS
OCC AGRICULTURE.
ALL ARE R/AT. GANIHAR
TQ. SINDAGI, DIST.
VIJAYAPURA-586128.
…PETITIONERS
(BY SRI. AMITHKUMAR CHAGASHETTI, ADV.,)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF REVENUE
(LAND GRANT-03)
BENGALURU -01.
2. THE DEPUTY COMMISSIONER
VIJAYAPURA
DIST. VIJAYAPURA-586121.
3. THE TAHSILDAR
SINDAGI
TQ. SINDAGI
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NC: 2026:KHC-K:11725
WP No. 204235 of 2026
CNR: KAHC030109902026
DIST. VIJAYAPURA-586128.
…RESPONDENTS
(BY SRI. MALLIKARJUN SAHUKAR, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT, IN THE NATURE OF WRIT OF CERTIORARI TO
QUASH THE IMPUGNED ORDER DATED 24.01.2018 IN SO FAR
AS IMPOSING CONDITION AS A TEMPORARY AND NOT TO
CHANGE ANY REVENUE RECORD PASSED BY THE RESPONDENT
NO.3 IN VIDE ANNEXURE-C, C1 TO
£ÀA:CPÀæªÀÄ:¸ÀPÀæªÀÄ:¹Dgï:02/2017-18
C8 IN THE INTEREST OF JUSTICE AND EQUITY & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
This writ is filed seeking the following prayer:
“a) Issue a writ, in the nature of writ of certiorari to
quash the impugned order dated 24.01.2018 in so far
as imposing condition as a temporary and not to
change any revenue record passed by the
Respondent No. 3 in £ÀA:CPÀæªÀÄ:¸ÀPÀæªÀÄ:¹Dgï:02/2017-18 vide
Annexure-C, C1 to C8 in the interest of justice and
equity.
b) Issue writ in the nature of mandamus directing the
respondent no.3 consider the representation
dated.07.04.2026 filed by the petitioners vide
Annexure D and pass suitable order, in the interest of
Justice & Equity.
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WP No. 204235 of 2026
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c) Issue any other suitable writ, order or direction as
this Hon'ble Court deems fit under the facts and
circumstances of the case.”
2. Heard Sri.Amithkumar Chagashetti, learned
counsel for the petitioner; learned Additional Government
Advocate appearing for respondent Nos.1 to 3 and perused
the material available on record.
3. The petitioners were unauthorized occupants
cultivating the Government land in Sy.Nos.143, 168/1 and
147 of Ganihar Village, Sindagi Taluk, Vijayapura District.
The petitioners' applications for regularization were
considered by Bagar Hukum Regularization Committee and
granted land in their favour vide order dated 01.04.2017;
the respondent No.3, being the Member Secretary of the
said Committee, as required under the provisions of the
Karnataka Land Revenue Act, and the Rules made
thereunder, issued Saguvali Chits in favour of the
petitioners. However, while issuing the Saguvali Chits, the
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CNR: KAHC030109902026
respondent No.3 imposed conditions which indicate that
grant is temporary and based on such grant or Saguvali
Chits, name of the petitioner shall not be entered in the
revenue records. It is to be noticed that the petitioners,
being aggrieved by the aforesaid condition, are knocking
the doors of this Court under Article 226 of the
Constitution of India.
4. It is undisputed fact between the parties that
the Committee for Regularization of Unauthorized
Occupation had passed an order on 01.04.2017 without
imposing any conditions. The respondent No.3 is required
to issue a formal order of grant or a Saguvali Chit as
required under Section 94A(6) of the Karnataka Land
Revenue (Amendment) Act, 1976 and Rule 108-D(3) of
the Karnataka Land Revenue Rules, 1966, instead of the
same, respondent No.3, the Tahasildar, who is the
Member Secretary of the Regularisation Committee,
exceeded his jurisdiction and imposed the aforesaid
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condition. The said condition do not find place in Rule 108-
J of the Karnataka Land Revenue Rules, 1966. Therefore,
they are liable to be set aside. Hence, I proceed to pass
the following:
ORDER
allowed
i. The writ petition is .
ii. A writ of certiorari is issued quashing the
condition imposed as “temporary grant” and
“not to change any revenue record”, in the
impugned order dated 24.01.2018 passed by
respondent No.3 at Annexures-C, C1 to C8 in
respect of each of the petitioners.
iii. The respondent No.3 - Tahsildar is directed to
issue fresh Saguvali Chits to the petitioners
by deleting the aforesaid conditions.
iv. A writ of mandamus is issued directing the
respondent No.3 to consider the petitioners
representation dated 07.04.2026 as at
Annexure-D and enter their names in the
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revenue records, if there is no other legal
impediments. The said exercise shall be
completed within a period of two (02) months
from the date of receipt of copy of this order.
No order as to costs.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
BSR
List No.: 1 Sl No.: 11