- 1 - NC: 2025:KHC:11760 WP No. 61570 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 61570 OF 2016 (KLR-RES) BETWEEN: 1. ANNAIAHPPA SINCE DECEASED BY LEGAL REPRESENTIVES, SRI A LOKESH, AGED ABOUT 42 YEARS, S/O LATE ANNAIAHPPA 2. SRI A NARAYANASWAMY AGED ABOUT 40 YEARS, S/O LATE ANNAIAHPPA 3. SRI A NAGARAJ AGED ABOUT 38 YEARS, S/O LATE ANNAIAHPPA 4. SRI A SRINIVASA AGED ABOUT 34 YEARS, S/O LATE ANNAIAHPPA ALL ARE R/AT NO.24, KPC LAYOUT, KASAVANAHALLI, DODDAKANNELLI POST, BENGALURU-560035 …PETITIONERS (BY SRI. N SHANKARANARAYANA BHAT., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, M.S.BUILDING, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11760 WP No. 61570 of 2016 DR.AMBEDKAR VEEDHI, BANGALORE-560001. 2. THE DEPUTY COMMISSIONER BANGALORE DISTRICT, BANGALORE-560009. 3. THE DALITA OKKUTA SAMITI GOUTAMA NIVAS, NEAR URDU SCHOOL, KALASRI NAGARA, T.DASARAHALLI, BANGALORE-560057 BY ITS STATE PRESIDENT …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 AND R-2; VIDE ORDER DATED:22.07.2024, NOTICE TO R-3 IS HELD SUFFICIENT) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RELEVANT RECORDS AND QUASH THE ORDER OF THE DEPUTY COMMISSIONER, BANGALORE DISTRICT, BANGALORE DTD.8.7.2004 VIDE ANNEXURE-E THE ORDER OF THE KARNATAKA APPELLATE TRIBUNAL, BANGALORE IN APPEAL NO.447/2005 DATED.19.9.2016 VIDE ANNEXURE-F AND ALSO THE GOVERNMENT ORDER DATED.1.3.2004 VIDE ANNEXURE-G, ETC. THIS PETITION, 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 - 3 - NC: 2025:KHC:11760 WP No. 61570 of 2016 ORAL ORDER 1. The petitioners challenged the order of grant made in favour of respondent No.3 before the Karnataka Appellate Tribunal (for short, 'the Tribunal'), on the ground that the land that had been granted to respondent No.3 was in fact granted to the petitioners' grand-mother on 24.01.1979 and therefore, the grant made in favour of respondent No.3 was unsustainable. 2. The Tribunal has dismissed the appeal solely on the ground that the grant made in favour of respondent No.3 was with the prior approval of the Government and therefore, the appeal was not maintainable. 3. As against the said order, the present writ petition is filed. 4. Section 49(c) of the Karnataka Land Revenue Act, 1964 (for short, 'the Act') expressly provides for filing of an appeal to the Tribunal against every order passed by the Deputy Commissioner. - 4 - NC: 2025:KHC:11760 WP No. 61570 of 2016 5. It cannot be in dispute that the Deputy Commissioner passes an order of grant and the Land Grant Rules require that before he passes an order of grant, he has to have the prior approval of the Government. 6. Merely because the prior approval has been granted by the Government, the order of grant will not be an order of grant passed by the Government and so long as the grant order is passed by the Deputy Commissioner, by imposing conditions, an appeal would necessarily lie to the Tribunal under Section 49(c) of the Act. 7. In this view of the matter, in my view, the reasoning of the Tribunal in dismissing the appeal cannot be sustained. 8. Consequently, the impugned order is set aside and the matter is remanded to the Tribunal with a direction to it to consider the appeal on merits and pass appropriate order in accordance with law within - 5 - NC: 2025:KHC:11760 WP No. 61570 of 2016 a period of six months from the date of receipt of a copy of this order. 9. The writ petition is accordingly allowed. 10. In view of the disposal of the appeal, no orders are necessary on the application for impleading. However, it would be open for the impleading applicants to initiate appropriate proceedings in accordance with law regarding the grievances that they have against the petitioners as well as against respondent No.3. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 53