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2026 Supreme(Online)(Kar) 16153

THE HIGH COURT OF KARNATAKA
R DEVDAS
SRI. CLEMENT RAJ – Appellant
Versus
STATE OF KARNATAKA – Respondent
WP 120/2026



##PAGE1##

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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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NC: 2026:KHC:4817

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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NC: 2026:KHC:4817

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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NC: 2026:KHC:4817

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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