IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1267 OF 2024 (KLR-RES)

BETWEEN:

SRI. S MUNIYAPPA MOTHER LATE MUNIYAMMA S/O LATE SONNAPPA AGED ABOUT 67 YEARS RESIDING AT NO.47 KOTHANUR, K.R.PURAM HOBLI BANGALORE EAST TALUK PIN CODE - 560 077.

…APPELLANT Digitally signed by (BY MS. PRAMILA NESARGI, SR. ADVOCATE FOR REKHA R SRI. RAMACHANDRA.P.M, ADVOCATE)

Location:

High Court of Karnataka AND:

1. THE STATE OF KARNATAKA REVENUE DEPARTMENT M S BUILDING DR. AMBEDKAR BEEDI BENGALURU - 560 001.

REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT K.G.ROAD BANGALORE - 560 009.

3. THE ASSISTANT COMMISSIONER BENGALURU SUB-DIVISION BANGALORE URBAN DISTRICT K.G. ROAD BANGALORE - 560 009.

4. THE TAHSILDAR EAST TALUK K.R.PURAM HOBLI BENGALURU - 560 036.

5. ASSISTANT CONSERVATOR OF FOREST

18^TH CROSS MALLESWARAM BENGALURU - 560 003.

…RESPONDENTS (BY SRI. M.N.SUDEV HEGDE, AGA FOR R1 TO R5)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE ABOVE APPEAL, BY SETTING ASIDE THE ORDER DATED 24/06/2024 PASSED IN WP NO.10421/2022 (KLR-RES) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE T.M.NADAF)

The unsuccessful petitioner is before us in this appeal under Section 4 of the Karnataka High Court Act, 1961, calling in question the order dated 24.06.2024 passed by the writ Court in WP.No.10421/2022. Under the impugned order, the writ Court dismissed the Writ Petition calling in question the orders impugned dated 02.03.2022 (Annexure-A), passed by the Deputy Commissioner, Bengaluru Urban District, Bengaluru and order dated 05.06.2017 passed by the Assistant Commissioner, Bangalore North Sub Division, Bangalore (Annexure-B).

2. The parties are referred to as per their ranking before the writ Court.

3. Brief factual matrix leading to filing of the present appeal are as under:

It is the case of the petitioner that, Petitioner's mother Smt.Muniyamma W/o. Late Sonnappa, along with her father-in-law Munipillagga and her son Muniga were resident of Kothanur village, K.R.Puram Hobli, Bangalore East Taluk. Since 1970, they have been cultivating land in Sy.No.47, to an extent of 2 Acres 10 Guntas. The petitioners belong to Scheduled Caste category.

4. Earlier Late Smt. Muniyamma filed Form No.50 in respect of the disputed land stated supra seeking regularisation of an unauthorised cultivation under the Provisions of Karnataka Land Revenue Act, 1964, wherein it was stated that, since 1970-71 she was cultivating the land unauthorizedly. The request for regularisation of land was turned down by the authorities which was the subject matter before this Court in writ petition and thereafter in WA.No. 3633-3638/2010. On 06.08.2010, late Muniyamma was permitted to withdraw the application filed under Section 94A of the Karnataka Land Revenue Act, 1964 i.e., Form No.50 and permitted her to prosecute her application under the provisions of Scheduled Caste and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and Rules 2008, which late Muniyamma filed in Form No.A on 23.06.2008. As there was no proceedings held on the application, late Muniyamma approached writ Court in WP.No.31159/2014, which was disposed of directing the fourth respondent to dispose of the claim of late Muniyamma in accordance with law. After the direction of the Writ Court, proceedings were held before the fourth respondent- Assistant Commissioner.

5. Upon considering the case of the petitioner, the fourth respondent rejected the application on the count that the applicant has not furnished the proper information as contemplated under Section 3(1)F of the Scheduled Tribes and other Traditi