WA/1883/2026 of SMT UMA BALAGAVI Vs SRI Y D SOMAIAH on 5 October 2026

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present intra-court appeal has been filed impugning the judgment and order dated 02.07.2026 passed in W.P. No. 8329/2023, filed by Respondent No. 1, seeking to set aside the order dated 31.07.2012 passed by the Committee for Regularization of Unauthorized Cultivation in respect of the land bearing Sy. No.52/1A situated at Monnangeri Village, Madikeri Taluk, Kodagu District, on the application filed by Respondent No.1. Respondent No.1 has also sought quashing of the order dated 26.12.2017 passed by the Assistant Commissioner in an appeal against the order dated 31.07.2012 passed by the Tahsildar.

2. The Committee came to the conclusion that Respondent No.1 was not in possession and occupation of the land in respect of which he claimed regularization, to the extent of 3 acres and 50 cents in Sy.No.52/1A.

3. The learned Single Judge remanded the matter to the Committee to consider the application filed by Respondent

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No.1 in terms of the directions issued by this Court vide order dated 21.01.2008 passed in W.P.No.14021/2006. The Committee, in its order, recorded that Respondent No.1 was present when his application was considered. However, Respondent No.1 disputed the said finding and submitted that there was no signature of respondent No.1.

4. We are not fully convinced by the submission of Respondent No.1 that he was neither present nor heard, inasmuch as he had filed an appeal against the very same order, which came to be rejected by this Court.

5. Be that as it may, the learned Single Judge has directed the Committee to reconsider the application and provide an opportunity of hearing to Respondent No.1. The submission of the appellant is that there is no land available in respect of which Respondent No.1 is seeking regularization. It is submitted that, pursuant to the survey conducted in respect of the said survey number, Respondent No. 1 was not found to be in possession of any land in Sy.No.52/1A. It is further submitted that the land in respect of which the respondent is

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seeking regularization is not in his possession and, it is not a Government land.

6. An application under the provisions of the Karnataka Land Reforms Act and the Rules made thereunder can be filed for regularization of unauthorized occupation of Government land. However, no regularization can be granted in respect of private land.

7. We are, therefore, of the view that the appellant should also be heard while considering the application filed by the respondent No.1 for regularization of the alleged unauthorized occupation of land in Sy.No.52/1A. The parties shall be at liberty to raise all their contentions before the Committee. We accordingly direct the parties to appear before the Committee and place their respective claims.

8. On remand, the proceedings shall be completed by the Committee within a period of three months.

9. We further direct the Committee to obtain the signatures of the parties on the proceedings, so that they would not have any further ground to challenge the order passed by

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the Committee on the ground of non-compliance with the principles of natural justice.

10. Accordingly, the writ appeal is disposed of.

SD/- (D K SINGH) JUDGE

SD/- (H.SHANTHI BHUSHAN) JUDGE

RKA CT:SN List No.: 1 Sl No.: 12