IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.284/2023 (KLR-RES)

BETWEEN:

1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M. S BUILDING, BENGALURU 560001.

2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT V.V. TOWER, BENGALURU 560 001.

Digitally signed by ARSHIFA

3. THE ASSISTANT COMMISSIONER BAHAR KHANAM DODDABALLAPURA SUB DIVISION Location: HIGH DODDABALLAPURA COURT OF BENGALURU RURAL DISTRICT 560 203.

KARNATAKA

4. THE TAHSILDAR DEVANAHALLI TALUK DEVANAHALLI BENGALURU RURAL DISTRICT 562 135.

5. THE CHAIRMAN COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION OCCUPATION DEVANAHALLI TALUK, DEVAHANALLI BENGALURU RURAL DISTRICT 562 135.

…APPELLANTS (BY SRI. KIRAN KUMAR, HCGP)

AND:

1. SMT. PYARI MA W/O IMTIYAZ AGED ABOUT 56 YEARS OCC: AGRICULTURIST.

2. SMT. PARVEEN TAZ W/O VAZIR SAB AGED ABOUT 49 YEARS OCC: AGRICULTURIST.

3. SMT. SHAMEEMUNNISA W/O SALIM AGED ABOUT 51 YEARS OCC: AGRICULTURIST.

ALL ARE R/AT.2574 WARD NO.13, NEW BUS STAND ROAD VIJAYAPURA TOWN DEVANAHALLI TALUK BENGALURU RURAL DISTRICT 562 135.

4. SRI. M.S. MUJEEB S/O SHAJAN SAB AGED ABOUT 51 YEARS R/AT WARD NO.17 KUBAH MASJID MOHALLA VIJAYAPURA TOWN DEVANHALLI TALUK BENGALURU RURAL DISTRICT 562 135.

…RESPONDENTS (BY SRI. M.S. NAGARAJA, ADV., FOR R1 & R2 SRI. V. MUNIRAJ GOWDA, ADV., FOR R3 R4 SERVED)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO CALL FOR RECORDS. ALLOW THIS W.A. AND SET ASIDE THE ORDER DATED

12.01.2022 PASSED BY THE LEARNED SINGLE JUDGE IN WP No.22426/2021 (KLR-RES) IN THE INTEREST OF JUSTICE AND EQUITY & ETC.

THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED ON 20.02.2026, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY VIJAYKUMAR A. PATIL J., DELIVERED THE FOLLOWING:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed by the appellant-State under Section 4 of the Karnataka High Court Act, 1961, challenging the order dated 12.01.2022 passed in W.P.No.22426/2021 (KLR-RES) by the learned Single Judge.

2. The brief facts leading to the filing of this appeal are that the respondents filed an application for regularization of unauthorized occupation of the land, which was allowed and the grant order was issued by the appellant No.4-Tahaasildar on 25.01.1999. The respondent No.4 filed a complaint before the Tahasildar which was rejected and the same was assailed before the appellant No.3-Assistant Commissioner under Rule 108(D)(6) of the Karnataka Land Revenue Rules, 1966 (hereinafter referred to as the 'Rules'). The appellant No.3 allowed the appeal and ordered for cancellation of grant under Rule 108-K of the Rules vide order dated 28.04.2014 on the ground that the land was situated within 5 kms of the City Municipal limits and was also required for public purpose. The aforesaid order was upheld by the appellant No.2-Deputy Commissioner as well as the Karnataka Appellate Tribunal (hereinafter referred to as the 'KAT'). The respondents assailed all the three orders before the learned Single Judge in W.P.No.22426/2021. The learned Single Judge, on considering the material on record and the provisions of law, allowed the petition on the ground that the initiation of action by the Authorities was beyond reasonable time and no explanation was given for initiating such an action after the delay of over a decade. Being aggrieved, the appellant-State has preferred this appeal.

3. Sri.Kiran Kumar, learned High Court Government Pleader appearing for the appellant-State submits that the learned Single Judge has failed to consider the material on record and the provisions of law in its proper perspective. It is submitted that the grant in favour of the respondents vide grant order dated 25.01.1999 is in violation of Section 94(4) of the Karnataka Land Re