Writ Petition No. 19384 of 2022 · The High Court
Case Details
- 1 - NC: 2025:KHC:14448 WP No. 19384 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 19384 OF 2022 (KLR-RES) BETWEEN: 1. SOMASHEKAR S/O MANJAPPA GOWDA AGED ABOUT 52 YEARS, 2. SUJATHA W/O SOMASHEKAR AGED ABOUT 43 YEARS, PETITIONERS ARE RESIDENTS OF KUNIGADDE MITLAGODU VILLAGE, ARAGA POST, THIRTHAHALLI TALUK 577423, SHIVAMOGGA DISTRICT …PETITIONERS
Legal Reasoning
(BY SRI. P N HARISH., ADVOCATE) AND: Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA 1. THE STATE OF KARNATAKA BY ITS PRICNCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING BENGALURU 560001. 2. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA 577201. 3. THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB DIVISION SHIVAMOGGA DISTRICT 577201. 4. THE TAHASILDHAR CUM SECRETARY - 2 - NC: 2025:KHC:14448 WP No. 19384 of 2022 UNAUTHORIZED CULTIVATION REGULARIZATION COMMITTEE THIRTHAHALLI TALUK 577423 SHIVAMOGGA DISTRICT. 5. H R SOMASHEKARA S/O RAJANNA MAJOR IN AGE R/O HIREGADDE VILLAGE ARAGA POST THIRTHAHALLI TALUK 577423 SHIVAMOGGA DISTRICT (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-4; SRI. HALESHA., ADVOCATE FOR -5) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 01.08.2022 PASSED BY THE R2 IN RA.NO.3/2022 PRODUCED AS PER ANNEXURE-G AND THE ORDER DATED 04.11.2021 PASSED BY THE THIRD RESPONDENT IN LNDCR.164/2019.20 PRODUCED AS PER
Decision
ANNEXURE-E TO THE WRIT PETITION, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER The land which was granted by way of regularizing the unauthorized occupation of the petitioner was called in question by filing an appeal. In the appeal, the Assistant Commissioner has set aside the grant on the ground that - 3 - NC: 2025:KHC:14448 WP No. 19384 of 2022 the petitioner was causing inconvenience to the residents and also on the ground that the wife of the petitioner was gifted 4 acres 3 guntas in the year 2007 and the family of the petitioner also owned 6 acres and consequently the petitioner would be disentitled. 2. In the order of the Assistant Commissioner, it has been stated as follows: “……. ºÁUÀÆ CA¢£À ¢£À¢AzÀ¯Éà ¸ÀzÀj ªÀÄAdÆgÁwUÉ vÀPÀgÁgÀÄ ªÀiÁrgÀĪÀÅzÀ£ÀÄß ¥Àj²Ã°¹zÀAvÉ, AiÀiÁªÀÅzÉà PÀæªÀÄ PÉÊUÉÆArgÀĪÀ §UÉÎ CfðzÁgÀgÁUÀ° JzÀÄgÀÄzÁgÀgÁUÀ° ¸À°è¹gÀĪÀÅzÀÄ PÀAqÀÄ §A¢gÀĪÀÅ¢®è. 2019 gÀ°è ¸À°è¹gÀĪÀ CfðUÉ ¸ÀA§A¢ü¹zÀAvÉ PÉÊUÉÆAqÀ PÀæªÀÄzÀ §UÉÎAiÀÄÄ ¸ÀºÁ vÀºÀ²Ã¯ÁÝgï gÀªÀjAzÀ ªÀgÀ¢ §A¢gÀĪÀÅ¢®è.” 3. As could be seen from the above, though the Assistant Commissioner called for report from the Tahasildar, even before the report could be furnished, he has proceeded to allow the appeal and has set aside the order of regularization passed in favour of the petitioner. - 4 - NC: 2025:KHC:14448 WP No. 19384 of 2022 This order has been confirmed by the Deputy Commissioner. 4. In my view, in the light of the fact that the Assistant Commissioner has passed the order even before he received a report from the Tahsildar, it would vitiate the order passed by him and consequently I would have to be set aside. 5. It is also to be noticed here that the family of the petitioner consisted of his mother and six siblings and they together owned 6 acres and the petitioner would therefore not have the entitlement to claim the entire 6 acres and would be entitled to claim only 1/7th share in the suit property. It is also to be noted here that the petitioner’s wife has also been gifted only 4 acres 3 guntas and if both these factors are taken into consideration, if the Tahasildar finds that the holding of the petitioner’s wife and the petitioner pursuant to partition is less than 2 hectares, it is obvious that the order of grant cannot be cancelled. If however, the extent held by the petitioner as - 5 - NC: 2025:KHC:14448 WP No. 19384 of 2022 far as his share and that of his wife, on receipt of report by the Tahasildar is found to be in adequate the grant shall not be cancelled. 6. A joint affidavit has also been filed by petitioners 1 and 2 stating that they would not interfere with the usage of the road by the villagers which exists and runs from west to east to the Gopinath Halla and which situated to the southern side of the land granted to them. 7. A copy of the sketch is also enclosed to the affidavit. This affidavit along with the sketch is taken on record. 8. It is made clear that the land granted to the petitioners would be exclusive of the road that is in existence as per the joint affidavit. It is made clear that even if the authorities were to confirm the grant in favour of the petitioners, the said grant would be excluding the road which is mentioned in the affidavit. - 6 - NC: 2025:KHC:14448 WP No. 19384 of 2022 9. Subject to the above observations, the writ petition is disposed of and remanded to the Trial Court. Sd/- (N S SANJAY GOWDA) JUDGE NC/PKS List No.: 1 Sl No.: 77 - 7 - NC: 2025:KHC:14448 WP No. 19384 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU [SOMASHEKAR AND ANOTHER VS. THE STATE OF KARNATAKA AND OTHERS] 10.07.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER ON I.A.1/2025 This Court vide order dated 04.04.2025, disposed of the writ petition and para 4 of the order reads as under: " In my view, in the light of the fact that the Assistant Commissioner has passed the order even before he received a report from the Tahsildar, it would vitiate the order passed by him and consequently it would have to be set aside. " It is forthcoming from the writ petition that R.A.No.3/2022 dated 01.08.2022 is set aside, as stated above. Since the order passed by respondent No.3 has been quashed by this Court which is found at Annexure-E, consequently, the order dated 01.08.2022 in R.A.3/2022 (Annexure-G), will also require to be quashed. - 8 - NC: 2025:KHC:14448 WP No. 19384 of 2022 Accordingly, I.A.1/2025 is allowed. The above order passed on I.A.1/2025 shall be read along with the order passed on 04.04.2025 and as such, matter is remanded to respondent No.3 to pass appropriate order, in accordance with law. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 16