- 1 - NC: 2025:KHC:11877 WP No. 1773 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 1773 OF 2025 (KLR-RES) BETWEEN: 1. SRI VENUGOPALA KRISHNA H R S/O LATE H V RAMAKRISHNAPPA AGED ABOUT 67 YEARS R/AT HUNGENAHALLI VILLAGE KASABA HOBLI, MALUR TALUK KOLAR DISTRICT-563130. 2. SMT. RUPA, W/O LATE H R PRAKASH AGED ABOUT 55 YEARS R/AT HUNGENAHALLI VILLAGE KASABA HOBLI, MALUR TLAUK KOLAR DISTRICT-563130. 3. SRI H R PANCHAKASHARI S/O LATE H V RAMAKRISHNALPPA AGED ABOUT 60 YEARS R/AT HUNGENAHALLI VILLAGE KASABA HOBLI, MALUR TLAUK KOLAR DISTRICT-563130 …PETITIONERS (BY SMT. VAIBHAVI BHAT., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS ADDITIONAL SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU 560 001. 2. THE ASSISTANT COMMISSIONER Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11877 WP No. 1773 of 2025 KOLAR SUB DIVISION KOLAR-563101. 3. THE TAHASILDAR MALUR TALUK MALUR-563130 …RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ENDORSEMENT ISSUED BY THE RESPONDENT.NO.3 THE TAHASILDAR, MALUR TALUK DATED.23.12.2024 IN RR.TCR/1465/2024- 25 VIDE ANNEXURE-K AND CANCEL THE MUTATION ENTERIES MADE IN MR.NO.T35 DATED. 12.07.2024, MR.NO.T40 DATED. 12.07.2024, MR.NO.T43 DATED. 12.07.2024 VIDE ANNEXURE H, H1 TO H3 SERIES AND CONSEQUENTLY DIRECT THE RESPONDENT.NO.3 TO RESTORED THE EARLIER ENTRIES IN RESPECT OF LAND BEARING SY. NO.53, MEASURING 5 ACRES 21 GUNTAS, SY. NO.54/3, MEASURING 0-12 1/2 GUNTAS, SY.NO.49, MEASURING 5 ACRES 3 GUNTAS AND SY.NO.52, MEASURING 5 ACRES 17 GUNTAS, SITUATE AT BHAVANAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT MADE IN THE RTC S COLUM.NO.9, 10 AND 12 IN THE INTEREST OF JUSTICE AND EQUITY, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:11877 WP No. 1773 of 2025 ORAL ORDER 1. The petitioners have made a request for deleting the name of the 'KIADB' in the RTC. However, this request has been refused by the Tahsildar by stating that the lands in question have been notified in favor of KIADB and a declaration has also been issued to that effect and, the entries were changed online. 2. In my view, this endorsement cannot be found fault with. 3. Learned counsel however submits that the petitioners have filed W.P.No.14091/2022 and has protected by an interim order and, if this entry is permitted to continue, the petitioners would be dispossessed. 4. In my view, this argument is misconceived. 5. On the lands being declared to be needed for the purposes mentioned in the Notification issued under Section 28(4) of the KIADB Act, the lands would - 4 - NC: 2025:KHC:11877 WP No. 1773 of 2025 stand vested to the Government free from all encumbrances and the Government would thereafter hand over the land to the KIADB. 6. In law, the title of the petitioners is lost the moment the declaration is issued and, therefore, consequently, the entries in the RTC relating to the ownership will have to be automatically transferred. It is only if the petitioners' writ petition challenging the declaration issued under Section 28(4) of the KIADB Act is allowed and the declaration is quashed would the title revert back to the petitioners. Consequently, the entry made in favour of the KIADB cannot be found fault with. 7. It is however made clear that, if the petitioners are protected by an interim order of stay of dispossession in W.P.No.14091/2022, it is obvious that the petitioner cannot be dispossessed unless the interim order is vacated. - 5 - NC: 2025:KHC:11877 WP No. 1773 of 2025 8. This writ petition is accordingly disposed of. 9. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 11