Karnataka High Court

WP/9246/2026 of MRS VIJAYALAKSHMI Vs THE STATE OF KARNATAKA on 15 April 2026

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NC: 2026:KHC:20409 WP No. 9246 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 9246 OF 2026 (KLR-LG) BETWEEN: MRS. VIJAYALAKSHMI W/O PRABHAKAR AGED ABOUT 70 YEARS R/AT T.AGRAHARA VILLAGE,

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15TH DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE R DEVDAS

WRIT PETITION NO. 9246 OF 2026 (KLR-LG)

BETWEEN:

MRS. VIJAYALAKSHMI

W/O PRABHAKAR

AGED ABOUT 70 YEARS

R/AT T.AGRAHARA VILLAGE,

SULIBELE HOBLI,

HOSKOTE TALUK,

BENGALURU RURAL DISTRICT.

…PETITIONER

(BY SRI. RAVIKUMARA B.R., ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY,

DEPARTMENT OF REVENUE,

M.S. BUILDING,

BENGALURU - 560 001.

2.

THE TAHASILDAR

HOSKOTE TALUK,

BENGALURU RURAL DISTRICT.

Digitally signed by

JUANITA THEJESWINI

Location: HIGH

COURT OF

KARNATAKA

HC-KAR

3.

THE PRESIDENT,

LAND GRANT COMMITTEE,

HOSKOTE TALUK,

BENGALURU RURAL DISTRICT.

4.

THE ASSISTANT COMMISSIONER

DODDABALLAPUR SUB-DIVISION,

BENGALURU RURAL DISTRICT.

…RESPONDENTS

(BY MR.S.R.KHAMROZ KHAN, AGA)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

ENDORSEMENT

NO.

THHSK-LND0RUCS/91/2024

DATED

27-07-2024 ISSUED BY THE 4TH RESPONDENT - TAHASILDAR, HOSKOTE TALUK VIDE ANNEXURE-E, AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

HC-KAR

CORAM: HON'BLE MR. JUSTICE R DEVDAS

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ORAL ORDER

Learned Additional Government Advocate is directed to take notice for all the respondents.

2. The grievance of the petitioner is that respondent No.2 - Tahshildar, Hosakote Taluk has issued the impugned endorsement at Annexure-E dated 27.07.2024 declining to accede to the request made by the petitioner to change the survey number and have the application filed in Form No.53 reconsidered at the hands of the Committee for Regularization of Unauthorized Occupation.

3. On hearing the learned counsel for the petitioner, learned AGA and on perusing the petition papers, this Court finds that earlier the Committee rejected the application filed by the petitioner in Form No.53 by order dated 06.02.2004. However the petitioner

HC-KAR

thereafter gave a representation to change the survey number from Sy.No.29 of Shashimakanahalli Village to Sy.No.61 of T.Agraraha Village and to reconsider the application.

The Tahsildar issued the impugned endorsement on 27.07.2024 declining to consider the application filed by the petitioner on the ground that the Tahsildar and the Committee is incompetent to reconsider such an application.

4. This Court is of the considered opinion that such a representation given by the petitioner to change the survey number and thereafter reconsider the application in From No.53 was rightly rejected by the Tahsildar. If subsequently the petitioner has occupied some other land and is now seeking to reconsider the application with change of survey number, the same cannot be considered by the Tahsildar or the Committee. The only recourse available for the petitioner is to file an application under Section 94(A) if subsequently a window of opportunity is opened up for the petitioner in accordance with law.

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Accordingly, writ petition stands dismissed.

Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.

Sd/- (R DEVDAS) JUDGE

GPG List No.: 1 Sl No.: 8

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