- 1 - NC: 2025:KHC:809 WP No. 27672 of 2015 C/W WP No. 54256 of 2014 WP No. 25306 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 27672 OF 2015 (LB-RES) C/W WRIT PETITION NO. 54256 OF 2014 (LB-RES) WRIT PETITION NO. 25306 OF 2015 (LB-UC) IN WP No. 27672/2015 BETWEEN: 1. SMT. GEETHAMMA, D/O V.B. CHANDRAPPA, AGED ABOUT 40 YEARS, 2. SMT. GANGAMMA, W/O V.B. CHANDRAPPA, AGED ABOUT 60 YEARS, 3. SMT. JYOTHI S, W/O C. SURESH, AGED ABOUT 30 YEARS, 4. SRI. C. SANTHOSH, S/O V.B. CHANDRAPPA, AGED ABOUT 36 YEARS, 5. SRI. C. SURESH, S/O V.B. CHANDRAPPA, AGED ABOUT 38 YEARS, ALL RESIDING NEAR JOGAPPA TEMPLE, Digitally signed by KIRAN KUMAR R Location: High Court of Karnataka - 2 - NC: 2025:KHC:809 WP No. 27672 of 2015 C/W WP No. 54256 of 2014 WP No. 25306 of 2015 BYE PASS ROAD, JAGALUR TOWN, DAVANAGERE DISTRICT - 577 528. …PETITIONERS (BY SRI. N.R. RAMAKRIHNA, ADVOCATE FOR SRI. M.R. HIREMATHAD, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SMALL IRRIGATION, COFFEE BOARD BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE - 577 001. 3. THE TAHASILDAR, JAGALUR TALUK, JAGALUR, DAVANAGERE DISTRICT - 577 528. 4. ASSISTANT EXECUTIVE ENGINEER, DEPARTMENT OF MINOR IRRIGATION, DAVANAGERE - 577 001. 5. THE CHIEF OFFICER, PATTANNA PANCHAYATH, JAGALURU - 577 528. 6. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, JAGALUR - 577 528. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1 TO R4 AND R6; SRI. MAHESHA R. UPPIN, ADVOCATE FOR R5) - 3 - NC: 2025:KHC:809 WP No. 27672 of 2015 C/W WP No. 54256 of 2014 WP No. 25306 of 2015 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE FILE OF R-4 IN RESPECT OF CASE NO.LNDCR47/14-15 AND ETC., IN WP NO. 54256/2014 BETWEEN: J.H. SHIVANNA REDDY, S/O BANDLA HANUMATHAPPA, AGED ABOUT 70 YEARS, AGRICULTURIST, RAMALAYA ROAD, JAGALUR, DAVANGERE DISTRICT - 577 001. ...PETITIONER (BY SRI. B.K. MANJUNATH, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, DAVANGERE DISTRICT, DAVANGERE - 577 001. 2. THE TAHSILDHAR, JAGALUR TALUK, JAGALUR, DAVANGERE DISTRICT - 577 001. 3. ASSISTANT EXECUTIVE ENGINEER, DEPARTMENT OF MINOR IRRIGATION, DAVANGERE - 577 501. 4. ASSISTANT ENGINEER, PUBLIC WORKS DEPARTMENT, JAGALUR - 577 001. 5. PATTANA PANCHAYATHI, - 4 - NC: 2025:KHC:809 WP No. 27672 of 2015 C/W WP No. 54256 of 2014 WP No. 25306 of 2015 JAGALUR - 577 001, REPRESENTED BY ITS SECRETARY. ...RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1 TO R4; SRI. MAHESH R. UPPIN, ADVOCATE FOR R5) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS QUASH THE LIST OF ENCROACHERS OF THE TANK BUND AREA VIDE ANN-L DATED 22.11.2014 ISSUED BY R-5 SO FAR IT RELATES TO THE PROPERTY BELONGING TO THE PETITIONER BEARING KATHA NO. 1176/1176/88/763 MEASURING 135 X 54 + 25/2 OF JAGALUR TOWN DAVANGERE DISTRICT SHOWN AT SERIAL NO. 267 OF ANN-L AND ETC., IN WP NO. 25306/2015 BETWEEN: 1. SMT. SAKINABI, WIFE OF H. KHASIM SAB, AGED ABOUT 55 YEARS, 2. J.K. RASHID, SON OF KHADAR SAB, AGED ABOUT 71 YEARS, 3. RAJEYA BEGHAM, WIFE OF RASHID, AGED ABOUT 63 YEARS, 4. N. MYLARAPPA, SON OF LATE NEELAPPA, - 5 - NC: 2025:KHC:809 WP No. 27672 of 2015 C/W WP No. 54256 of 2014 WP No. 25306 of 2015 AGED ABOUT 48 YEARS, 5. SMT. SHARADAMMA, WIFE OF N. MYLARAPPA, AGED ABOUT 38 YEARS, 6. SRI. T. SATHYNARAYANASWAMY, SON OF THIMMARAYAPPA, AGED ABOUT 52 YEARS, 7. SRI. RAJAPPA, SON OF BANGARAPPA @ BADIGI BANGARAPPA, AGED ABOUT 65 YEARS, 8. S.V. SHANTALINGAMMA, WIFE OF B. NAGANNA, AGED ABOUT 48 YEARS, 9. S. PARVATHAMMA WIFE OF S. VERUPAKSHAPPA, AGED ABOUT 78 YEARS, 10. SMT. RUDRAMMA, WIFE OF BASAIAH, AGED ABOUT 62 YEARS, 11. SMT. B. GOWRAMMA, WIFE OF M. EKANTHAPPA AGED ABOUT 45 YEARS, 12. SMT. KHAMARULLA, SON OF SATTAR SAB, AGED ABOUT 68 YEARS, 13. SMT. PADMAMMA, WIFE OF PRAHLAD, - 6 - NC: 2025:KHC:809 WP No. 27672 of 2015 C/W WP No. 54256 of 2014 WP No. 25306 of 2015 AGED ABOUT 45 YEARS, 14. SRI. PRAHLAD, SON OF NARASHIMAPPA, AGED ABOUT 50 YEARS, 15. SMT. MANJAKKA, WIFE OF THORIYAPPA, AGED ABOUT 46 YEARS, 16. SMT. KAMALAMMA, WIFE OF OBAAIAH, AGED ABOUT 58 YEARS, 17. SRI. RUDRAMUNI, SON OF BHEEMAPPA, AGED ABOUT 46 YEARS, 18. SRI. KAMALAMMA, D/O VEERANNA AMJERA, AGED ABOUT 45 YEARS, 19. SRI. N. RANGASWAMY S/O LATE NEELAPPA, AGED ABOUT 45 YEARS, 20. SRI E.N. NAGARAJ S/O OF NARASHIMAPPA, AGED ABOUT 50 YEARS, 21. SMT. SURAMMA WIFE OF BASAPPA, AGED ABOUT 60 YEARS, 22. SMT B. LAKSHMAMMA WIFE D.G. JAYANNA, - 7 - NC: 2025:KHC:809 WP No. 27672 of 2015 C/W WP No. 54256 of 2014 WP No. 25306 of 2015 AGED ABOUT 48 YEARS, 23. SMT.THIPPAMMA WIFE OF PANDURANGAPPA, AGED ABOUT 42 YEARS, 24. J.R RASHID KHAN SON OF R.RAHIM KHAN, AGED ABOUT 50 YEARS, 25. SMT. BHASHIR UNNISA WIFE OF MOHAMMED ISMAIL, AGED ABOUT 50 YEARS, 26. SMT. K.S. AHILA BANU WIFE OF K.S. SHAFIULLA, AGED ABOUT 48 YEARS, 27. SMT. LALITHAMMA WIFE OF V. RANGASWAMY AGED ABOUT 40 YEARS, 28. SRI. RASOUL B SON OF BHASIR SAB, AGED ABOUT 30 YEARS, 29. AMINABBI WIFE OF LATE TIPPUSAB AGED ABOUT 50 YEARS, 30. SMT. NEELAMMA WIFE OF REVANASIDDAPPA AGED ABOUT 45 YEARS, 31. SRI. HANUMANTHAPPA SON OF SUNKAPPA - 8 - NC: 2025:KHC:809 WP No. 27672 of 2015 C/W WP No. 54256 of 2014 WP No. 25306 of 2015 AGED ABOUT 60 YEARS, 32. M.R. REVANNA SON OF M. RAMANNA AGED ABOUT 43 YEARS, 33. PAPAMMA, DAUGHTER OF GADREAPPA AGED ABOUT 47 YEARS, 34. SRI CHOWDAPPA SON OF BASAPPA AGED ABOUT 42 YEARS, 35. SRI. THIPESHI SON OF RAMAPPA AGED ABOUT 65 YEARS, 36. SRI. YALLAPPA SON OF CHOUDAPPA AGED ABOUT 45 YEARS 37. SMT. BHOMMAHAVA WIFE OF BHOMMAHIA AGED ABOUT 75 YEARS, 38. K.N. TIRUMALLA WIFE OF K.R. THIPPESWAMY, AGED ABOUT 44 YEARS, ALL RESIDING AT NEAR JOGAPPA TEMPLE, BYE PASS ROAD, JAGALUR TOWN, DAVANAGERE DISTRICT - 577 528. ...PETITIONERS (BY SRI. N.R. RAMAKRISHNA, ADVOCATE FOR SRI. M.R. HIREMATHAD, ADVOCATE - 9 - NC: 2025:KHC:809 WP No. 27672 of 2015 C/W WP No. 54256 of 2014 WP No. 25306 of 2015 AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SMALL IRRIGATION, COFFEE BOARD BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE - 577 001. 3. THE THAHASILDAR, JAGALUR TALUK, JAGALUR, DAVANAGERE DISTRICT - 577 528. 4. ASSISTANT EXECUTIVE ENGINEER, DEPARTMENT OF MINOR IRRIGATION, DAVANAGERE - 577 001. 5. THE CHIEF OFFICER, PATTANA PANCHAYATH, JAGALURU - 577 528. 6. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, JAGALUR - 577 528 ...RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1 TO R4 AND R6; SRI. MAHESH R. UPPIN, ADVOCATE FOR R5) THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE LIST OF ENCROACHERS OF THE TANK BUND AREA DATED - 10 - NC: 2025:KHC:809 WP No. 27672 of 2015 C/W WP No. 54256 of 2014 WP No. 25306 of 2015 12.9.2014 VIDE ANN-A2, ISSUED BY THE R-5 IN SO FAR IT RELATES TO THE HOUSES BELONGING TO THE PETITIONERS BUILT IN LAND IN QUESTION WHICH ARE SHOWN AT SERIAL NO.1 TO 4, 16, 17-18, 20, 21, 23, 24- 25, 26, 27, 28 - 3, 35, 36, 38, 39, 41, 43-44, 45, 49, 50, 51, 53, 55, 56, 65, 66, 71, 75, 80, 89, 97, 119, 123, 133, 137, 173, 186, 264 AND 278 AT ANN-A2 AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER The order dated 05.01.2015 passed by the Assistant Executive Engineer of the Department of the Minor Irrigation by which he has directed the respondents mentioned in the order to be evicted. It is stated as follows. "As per the direction, Revenue Department, Minor Irrigation, Jagalur City, Municipality jointly surveyed the lake. After completion of joint survey marked the - 11 - NC: 2025:KHC:809 WP No. 27672 of 2015 C/W WP No. 54256 of 2014 WP No. 25306 of 2015 encroached area and place in map. Thereafter as per reference (2) Thahasildar of Jagalur issued notice to the persons who encroached Lake area to build house, shed etc., this notice was issued as per the records available with Jagalur City Municipality conduct to conduct an inquiry. Date of inquiry was conducted at Thahasildar office, Jagalur on 27.01.2015, 28.01.2015 and 29.01.2015." Respondents have appeared on 27.01.2015 and submitted the records issued by the Jagalur City Municipality and they are Khata bearing 1298/1298/1003/845 and assessment/License/Revenue receipts/Sale deeds. At the time of inquiry respondents never submitted that disputed area is not lake area and they have submitted only supportive Municipal documents. It is clear shows from joint survey map that the disputed area is in Survey No.115 of Jagalur Village and abating Jagalur City Municipality Grama Tana. It is clearly shows from Land records available with Thahashildar of Jagalur that Survey No.115 and 116 of Jagalur Village is Government Lake Land. And also clear from - 12 - NC: 2025:KHC:809 WP No. 27672 of 2015 C/W WP No. 54256 of 2014 WP No. 25306 of 2015 the joint survey that Respondents property is in Lake Land. Jagalur Village Re Survey No.115 and 116 properties are categorized as LAKE and are bifurcated in 'B' Kharab Land. It is clear from records that it is public community property. Even then none of the persons have submitted that how the public property came in to the hand of private person's property without clear and cogent documents. Hon'ble Supreme Court of India in Civil Appeal Number 1132/2011 @ SLP (C ) No.3109/2011 dated 08.01.2011 ordered that it is not proper to ascertain the ownership of the property from the Municipal records, public properties shall be restricted to usage of that village community and encroachers/ trespassers shall be dealt mercilessly according to established law. In the said above order Para No.11 and 15 are extracted here Para (11) the learned commissioner held that the village pond has been used for the common purpose of the villagers and cannot be allowed to be encroached upon by any private respondents, whether jagirdars of any body else. - 13 - NC: 2025:KHC:809 WP No. 27672 of 2015 C/W WP No. 54256 of 2014 WP No. 25306 of 2015 Photographs submitted before the learned Commissioner showed that recent attempts had been made to encroach in to village pond by filling it up with earth and making new constructions thereon. The matter had gone to the officials for removal of these illegal constructions, but no action was taken for reasons best known to the authorities at that time. The learned commissioner was of the view that regularizing such kind of illegal encroachment is not in the interest of Grama Panchayat. The learned Commissioner held that Khasra No.369 (84-4) is a part of the village pond the respondents illegally constructed their house at the site without any jurisdiction and without any resolution of the Grama Panchayath. Para (15) in many states Government orders have been issued by the State Government permitting allotment of Grama Sabha land to private persons and commercial enterprises on payment of some money. In our opinion all such Government orders are illegal and should be ignored. - 14 - NC: 2025:KHC:809 WP No. 27672 of 2015 C/W WP No. 54256 of 2014 WP No. 25306 of 2015 It came to know that while permitting to build house/commercial building/ sheds the Jagalur City Municipality did not bother to check whether it is Public property or Private property and permitted them to build in Lake Land. There is no such notification that Disputed Lake land is not required for public cause/purpose. Hence all these establishments are illegal and against law. It can not acceptable to affect the Khata on the basis city municipal resolutions. The Hon'ble Supreme Court of India in its order clearly directed us to ignore such resolution and take suitable action to safeguard the public property. Jagalur Village Re Survey No.115 and 116 are Lake Area is valuable property and it shall be used for Village Community and it is not acceptable that private persons had ownership over the property. Here by following order. ORDER Jagalur Village Re Survey No. 115 and 116 are belongs Minor Irrigation Department and it is Government Lake Land. It is hereby - 15 - NC: 2025:KHC:809 WP No. 27672 of 2015 C/W WP No. 54256 of 2014 WP No. 25306 of 2015 directed to the respondents to demolish illegally constructed house within 7 days from date of notice of Re Survey No.115 measuring 20X30 house,. Otherwise, Government will demolish the building and will recover expenses as per Land Revenue Reforms Act. It is hereby directed to The Assistant Engineer who is in charge of Jagalur Taluk Lake area to register case against the Respondents. 2. As can be seen from the above, the contentions raised by the respondents in the said order have not been considered at all and the Assistant Executive Engineer has merely reiterated the contentions of the Department, saying that survey number 115 and 116 has been classified as a tank and as a 'B' Kharab land. The Assistant Executive Engineer, while passing an interim order, was required to consider the pleas raised by the respondents therein and then record a finding as to whether they were entitled to be in possession of the land. In that view of the matter, the impugned order, cannot be sustained and same is quashed. - 16 - NC: 2025:KHC:809 WP No. 27672 of 2015 C/W WP No. 54256 of 2014 WP No. 25306 of 2015 3. A direction is issued to the Assistant Executive Engineer to conduct an enquiry and permit the respondents to appear before him and to adduce all evidence which are in their possession, and also record a finding regarding contentions they advance. Accordingly, writ petition is allowed. Sd/- (N S SANJAY GOWDA) JUDGE RCK List No.: 1 Sl No.: 57 CT: BHK