MALLAPPA vs THE STATE OF KARNATAKA AND ORS

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC-K:11602
WP No. 201669 of 2024


CNR: KAHC030053672024




IN THE HIGH COURT OF KARNATAKA


KALABURAGI BENCH

TH
DATED THIS THE 28 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

WRIT PETITION NO.201669 OF 2024 (KLR-LG)

BETWEEN:

MALLAPPA
S/O KALAPPA DHODDAMANI
AGE: 52 YEARS, OCC: AGRICULTURE
R/O KEMBAVI, TQ: SHORAPUR
DIST: YADGIRI-585 216







…PETITIONER

(BY SRI. JIDAGE KAILASH C., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
THROUGH REPRESENTED BY
THE DEPUTY COMMISSIONER, YADAGIRI
DIST: YADAGIRI-585 201

2.
THE ASSISTANT COMMISSIONER
YADAGIRI-585 201

3. THE THAHASILDAR
SHORAPUR-585 224



Digitally
signed by
SWETA
KULKARNI
Location:
HIGH COURT
OF
KARNATAKA

…RESPONDENTS
(BY SRI. MALLIKARJUN SAHUKAR, AGA)

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WP No. 201669 of 2024


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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,
A) ISSUE THE WRIT IN THE NATURE OF CERTIORARI BY
QUASHING ENDORSEMENT ISSUED BY THE RESPONDENT
NO.3 VIDE ANNEXURE-G LETTER/SUM/KUM/BHUMI/E-148661/
2023-24/392 DATED NIL/03/2024 AND DIRECTING THE
RESPONDENT NO.1 TO 3 TO GRANT THE LAND SY. NO.512
MEASURING 2-00 ACRES OF GOVERNMENT GAYARANA LAND
IN FAVOUR OF PETITIONER; B) PASS SUCH OTHER ORDERS
OR DIRECTIONS, AS THIS HON’BLE COURT DEEMS FIT AND
PROPER IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE
CASE IN THE INTEREST OF JUSTICE AND EQUITY AND GOOD
CONSCIENCE.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER
This writ petition is filed seeking following prayers:
“A) Issue the writ in the nature of certiorari by
quashing endorsement issued by the Respondent
No.3 vide Annexure-G letter/sum/kum/bhumi/
E-148661/ 2023-24/392 dated nil/03/2024 and
directing the respondent no.1 to 3 to grant the land
Sy. No.512 measuring 2-00 acres of Government
Gayarana land in favour of petitioner;
B) Pass such other orders or directions, as this
Hon’ble Court deems fit and proper in view of the
facts and circumstances of the case in the interest
of justice and equity and good conscience.”

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WP No. 201669 of 2024


CNR: KAHC030053672024


2. Heard the learned counsel for the petitioner and
learned Additional Government Advocate appearing for the
respondents. Perused the writ papers as well as the
statement of objections filed by the respondent-State.
3. The petitioner belongs to Scheduled Castes
Community. He does not possess any land or house
property from his ancestors. He is in unauthorized
occupation and in cultivation of land measuring 02 Acres in
Sy. No.512 of Kembavi village, Shorapur Taluk, Yadgiri
District for more than two decades. The petitioner
submitted a representation to the respondent No.3 to
grant the land, which is in occupation of the petitioner
unauthorizedly from two decades. However, respondent
No.3 had issued endorsement dated 05.09.2011 stating
that the petitioner has to file an application in Form No.50
and 53 and as per the endorsement, the petitioner had
submitted an application in the prescribed from, which has
been received by the authorities, which is evident from
Annexure-D - acknowledgment dated 13.12.2018.

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4. In order to substantiate the fact that the
petitioner is in unauthorized occupation and cultivation of
the aforesaid extent of land, the petitioner has produced
the checklist signed by the Revenue Inspector of Kembavi
and Village Accountant of Kembavi Gram Panchayat, which
clearly indicates that the petitioner is in occupation of the
lad to the extent of 02 Acres in the aforesaid survey
number since 1993 and the subject land is at the distance
of more than 04 kms from Kembavi Town. The petitioner
submitted a representation to the respondent No.3 on
coming to know that his application for regularization has
been rejected, vide representation dated 05.03.2024 at
Annexure-F. The jurisdictional Tahsildar has issued
endorsement at Annexure-G along with the proceedings of
the Deputy Commissioner dated 10.05.2022 at
Annexure-H. The aforesaid proceedings at
Annexure-H dated 10.05.2022 indicates that the
application of the petitioner for regularization of land
measuring 02 Acres in Sy. No.512 of Kembavi village was

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rejected on the ground that the subject land comes within
the radius of 04 kms.
5. It is required to be noticed that the finding of
the proceedings at Annexure-H runs contrary to the
checklist at Annexure-E of the Village Accountant and
Revenue Inspector of Kembavi village. It is to be noticed
that the petitioner is in occupation of the subject land from
the year 1993 and the authorities have failed to take a
decision on the application for decades and now they
cannot contend that the subject land is within the
prohibited extent and the same cannot be granted.
6. It is also to be noticed that such an observation
by the Deputy Commissioner in his proceedings dated
07.05.2022 is contrary to the checklist produced by the
petitioner at Annexure-E to the writ petition. It is also to
be noticed that the checklist produced by the respondent-
State along with the objections indicates that the
petitioner has not filed an application in Form No.50 and

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53 and the said checklist indicates that the petitioner is
not in cultivation of the land. It appears that the two
checklists run contrary to each other. Hence, it would be
appropriate to direct the respondent No.3, who is the
Member Secretary of the Committee for Unauthorised
Occupation of the Land to place his report along with the
application of the petitioner before the Committee and the
Committee is required to take decision on merits and in
accordance with law.
7. Hence, I proceed to pass the following:
ORDER
allowed
(i) Writ petition is .
(ii) The impugned proceedings dated 10.05.2022 at
Annexure-H insofar as the petitioner is
concerned, is set aside.
(iii) The respondent No.3 is directed to place the
petitioner's application for regularization of land

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before the Committee and the Committee shall
take decision in accordance with law.
(iv) In view of disposal of the petition,
I.A.No.1/2026 also stands disposed of.



Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE


LG
List No.: 1 Sl No.: 54