THE HIGH COURT OF KARNATAKA
R DEVDAS
SRI. CLEMENT RAJ – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 120/2026
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NC: 2026:KHC:4817
WP No. 120 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 120 OF 2026 (KLR-RES)
BETWEEN:
SRI. CLEMENT RAJ
S/O LATE AROGYASWAMY,
AGED ABOUT 50 YEARS,
R/A NO.37, SUNKADAKATTE,
SOMANAHALLI VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK,
BANGALORE-560 082.
…PETITIONER
(BY SRI. PUNITH C., ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally signed
REP. BY ITS PRINCIPAL SECRETARY,
by JUANITA
THEJESWINI DEPARTMENT OF REVENUE,
Location: M.S.BUILDING,
HIGH COURT BENGALURU 560 001.
OF
KARNATAKA
2. THE THASILDAR
AND EX-OFFICIO CHAIRMAN FOR
THE COMMITTEE FOR UNAUTHORISED
OCCUPATION OF LAND,
BANGALORE SOUTH TALUK,
KANDAYA BHAVANA
BANGALORE-560009.
…RESPONDENTS
(BY SRI.V. SESHU., HCGP)
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WP No. 120 of 2026
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE TAHSILDAR, R-2 TO CONSIDER THE FORM NO. 53 FILED
BY PETITIONER IN ACCORDANCE WITH LAW AS PER ANNX-C.
FURTHER TO ISSUE A DIRECTION DIRECTING THE TAHSILDAR,
R-2 NOT TO TAKE ANY DRASTIC STEP OF DISPOSSESSION THE
PETITIONER FROM THE PORTION OF THE LAND MEASURING 2
ACRE IN SURVEY NO.37 ON WHICH PETITIONER FILED FORM
NO.53 TILL THE CONSIDERATION OF FORM NO. 53 IN
ACCORDANCE WITH LAW IN ANY MANNER AS PER ANNX-C.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
Learned High Court Government Pleader takes notice
for both the respondents.
2. Learned Counsel for the petitioner submits that
the petitioner has filed an application in Form No.53 on
27.08.1991 seeking regularization of unauthorized
occupation as can be seen from Annexure-C, which is a
copy of the application. However, till date no orders have
been passed on the application filed by the petitioner.
3. The prayer in the writ petition is to issue writ of
mandamus directing the respondent-authorities to
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WP No. 120 of 2026
HC-KAR
consider the application filed by the petitioner seeking
regularization of unauthorized occupation of 2.00 Acres of
land in Sy.No.37 of Sunkadakatte village, Uttarahalli Hobli,
Bengaluru South Taluk.
4. Having regard to the contentions raised in the
writ petition and submission of the learned Counsel for the
petitioner, this Court is of the considered opinion that
respondent-Tahsildar was duty bound to place the
application filed by the petitioner before the ‘Committee
for Regularization of Unauthorized Occupation’ and the
Committee was also duty bound to consider the
application and pass necessary orders.
5. Consequently, the writ petition stands disposed
of with a specific direction to respondent No.2-Tahsildar,
Bengaluru South Taluk, to verify from the records as to
whether such an application in Form No.53 is filed by the
petitioner on 27.08.1991, is pending consideration. If it is
found that such application was indeed filed by the
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WP No. 120 of 2026
HC-KAR
petitioner and the application is yet to be considered, the
respondent-Tahsildar is directed to place before the
‘Committee for Regularization of Unauthorised Occupation’
the application along with his recommendation within a
period of two months from the date of receipt of a copy of
this order. Thereafter, the Committee shall consider the
application and pass necessary orders in accordance with
law as expeditiously as possible and at any rate within a
period of two months thereafter.
Ordered accordingly.
6. Learned High Court Government Pleader is
permitted to file memo of appearance within a period of
four weeks from today.
Sd/-
(R DEVDAS)
JUDGE
DL
CT: JL
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