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2025 Supreme(Online)(Kar) 13709

KARNATAKA HIGH COURT
E.S.INDIRESH, J
SRI. D. PUTTARAJU S/O LATE THIMME GOWDA @ UGRE GOWDA – Appellant
Versus
STATE OF KARNATAKA – Respondent
WRIT PETITION NO.19620 OF 2025



Advocates:
For the Appellants/Petitioners: SRI. T.P. VIVEKANANDA
For the Respondents: SRI. SIDDHARTH BABURAO

The court upheld the petitioners' right to possess land pending the regularisation process, emphasizing administrative due process in land disputes.

Headnote:(A) Articles 226 and 227 of the Constitution of India, Karnataka Land Revenue Act, 1964 - Section 94-B - Regularisation of unauthorized occupants - Petitioners challenged notices directing them to vacate land; notices quashed on grounds that applications for regularisation are pending consideration - Court emphasizes the need for proper hearing on land regularisation applications, ensuring petitioners' rights are protected until decision by authorities is made. (Paras 3-6)

(B) Writ Jurisdiction - Scope and exercise - Court affirms that it should intervene when the legality of administrative actions is questioned, particularly when weighty interests of ownership and possession are concerned. (Paras 4-5)

Table of Content
1. court's affirmation of administrative due process in land regularisation cases. (Para 2 , 3)
2. petitioners' rights protected pending government consideration of applications. (Para 4 , 5)

ORAL ORDER

1. Sri. Siddharth Baburao, learned Additional Government Advocate accepts notice for the respondents.

2. Heard learned counsel appearing for the parties.

3. In this writ petition, petitioners are assailing the notice produced at Annexure-N series, issued by respondent No.4, wherein, by the said notice, respondent No.4 has directed the petitioners to vacate the schedule land from their possession.

4. It is the case of the petitioners that, the petitioners herein have filed application in Form-53, as per Annexures - H, J & K.

5. In that view of the matter, taking into consideration that the application made by the petitioners herein are pending consideration before the respondent - authorities, wherein the competent Committee has to take decision in so far as regularising the unathorised occupants under the provisions of Rule 108-CC of the Karnataka Land Revenue Rules , 1966, the interference is called for in this Writ Petition. Accordingly, I pass the following:

ORDER (i) The Writ Petition is allowed.

(ii) The impugned notices at Annexures - N, N1 to N5, issued by respondent No.4, are hereby quashed.

(iii) It is made clear that the respondents shall not interfere with the possession and enjoyment of the petitioners till the consideration of the applications of the petitioners seeking regularisation of their land under Section 94-B of the Karnataka Land Revenue Act , 1964 read with Rule 108-CC of the Karnataka Land Revenue Rules , 1966.

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