Karnataka High Court
K. R. Srinivas vs The Principal Secretary on 6 January, 2026
Author: R Devdas
Bench: R Devdas
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NC: 2026:KHC:348
WP No. 25148 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 25148 OF 2025 (KLR-RES)
BETWEEN:
K. R. SRINIVAS
S/O. LATE K. RAMAIAH,
AGED ABOUT 36 YEARS,
KOMMERAHALLI VILLAGE,
KASABA HOBLI,
MANDYA TALUK AND
DISTRICT- 571 402
...PETITIONER
(BY SRI. NARENDRA GOWDA., ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE,
M.S. BUILDING,
Digitally signed BANGALORE- 560 001.
by JUANITA
THEJESWINI 2. THE DEPUTY COMMISSIONER
Location: HIGH MANDYA DISTRICT,
COURT OF MANDYA- 571 401.
KARNATAKA
3. THE ASSISTANT COMMISSIONER
MANDYA SUB DIVISION,
MANDYA- 571 401.
4. THE TAHSILDHAR
MANDYA TALUK,
MANDYA- 571 401.
...RESPONDENTS
(BY SRI. V.SESHU, HCGP)
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NC: 2026:KHC:348
WP No. 25148 of 2025
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
ISSUED BY DEPUTY COMMISSIONER MANDYA DATED 03-06-
2025 VIDE ANNEXURE H., AND ETC.
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 all the respondents.
2. The petitioner is aggrieved of the impugned order at Annexure-H dated 03.06.2025 passed by the Deputy Commissioner, Mandya District, rejecting the application filed by the petitioner in Form No.57 seeking regularisation of unauthorised occupation of 1 acre 39 guntas of land in Sy.No. 63 of Honnaganahalli Village, Kasaba-1 Hobli, Mandya Taluk, on the ground that sufficient land is not available within the village. However, learned counsel for the petitioner has drawn the attention of this Court to Annexure-J, a circular dated 24.02.2022 issued by the State Government relaxing the norms under Section 97(1) of the Karnataka Land Revenue Act, 1964 -3- NC: 2026:KHC:348 WP No. 25148 of 2025 HC-KAR for the purposes of regularisation of unauthorised occupation and reduction of the gomal beyond the extent permissible in law in certain cases. At Serial No.2, the learned counsel points out that when it comes to grant of agricultural lands to persons belonging to Scheduled Castes and Scheduled Tribes, it is permissible for the Deputy Commissioner to further relax the provision and reduce the extent of gomal. Learned counsel submits that this circular has not been looked into by the Deputy Commissioner before passing the impugned order.
3. Further, from a plain reading of Rule 97(4) of the Karnataka Land Revenue Rules, 1966, it is evident, that it is the Deputy Commissioner who is required to determine the extent of land necessary to be set apart for free pasturage in any village. However, having regard to the proviso to sub-Rule 4, it is submitted that no such permission shall be necessary where the reduction below the prescribed limit is for the purpose of (iii) regularisation of unauthorised cultivation under Chapter XIII-A. When the rule itself prescribes that in the matter of regularization of unauthorized occupation, there cannot be rejection of the application on the ground that the -4- NC: 2026:KHC:348 WP No. 25148 of 2025 HC-KAR extent of gomal available for pasturage is either insufficient or sufficient for the pasturage, having regard to the number of cattle heads in the village, the rule prescribes that in the matter of regularization of unauthorised occupation, the permission of the Deputy Commissioner is not necessary for further reduction, and the Tahsildar could not have taken a decision to reject the application on the said ground.
4. Accepting the submissions made by the learned counsel for petitioner, the writ petition is allowed while setting aside the impugned order at Annexure-H passed by the Deputy Commissioner, Mandya District. The Deputy Commissioner is directed to reconsider the application filed by the petitioner having regard to the circular issued by the State Government on 24.02.2022 in No.RD2 LGP 2021 and the observations made by this court.
Ordered accordingly.
Sd/-
(R DEVDAS) JUDGE rv