- 1 - HC-KAR NC: 2025:KHC:19476 WP No. 53529 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 53529 OF 2018 (LB-RES) BETWEEN: JAI BHIMSWASAHAYAYUVAKARA SANGHA ADARSH NAGAR, KUDUR ROAD SOLUR, MAGADI TALUK RAMANAGAR DISTRICT-562 127. REPRESENED BY SRI. R. LOHITH THE PRESIDENT …PETITIONER (BY SRI. SACHIN .B.S, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF PANCHAYATHRAJ AND RURAL DEVELOPMENT MS BUILDING, BENGALURU-01. 2. DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA-562 159. 3. CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH RAMANAGARA-562 159. 4. EXECUTIVE OFFICE TALUKA PANCHAYATH MAGADI TALUK, RAMANAGARA-562 120. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19476 WP No. 53529 of 2018 5. TAHASILDAR MAGADI TALUK RAMANAGARA-562 120. 6. PDO SOLUR GRAMA PANCHAYATH RAMANAGARA-562 127. [CAUSE TITLE AMENDED VIDE COURT ORDER] …RESPONDENTS (BY SMT. SPOORTHY .V, HCGP FOR R1, R2 & R5; SRI. B.J. SOMAYAJI, ADVOCATE FOR R3, R4 AND R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 27.11.2017 PASSED BY R-5 AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner is aggrieved by the impugned endorsement dated 27.11.2017 issued by respondent No.5/Tahsildar who has declined to form a road in the petition land on the premise that litigations are pending before the civil Court. 2. Pursuant to the direction issued by this Court, the Deputy Commissioner has filed a detailed affidavit along with supporting documents indicating that there are - 3 - HC-KAR NC: 2025:KHC:19476 WP No. 53529 of 2018 a total of 19 residential houses situated in Dapparangaiyanapalya. It is stated that initially, only nine families were residing in the area; however, over time, the number has increased to nineteen families, each now occupying individual residential structures. The affidavit is based on a report submitted by the Taluka Surveyor, which was prepared following a spot inspection of the area. 3. The Deputy Commissioner has further affirmed on oath that the land in question is private in nature and that the residential houses have been constructed on agricultural land without obtaining conversion orders as mandated under the Karnataka Land Revenue Act. It is also brought to the notice of this Court that a civil suit bearing O.S. No.70/2004 is pending adjudication before the competent civil court, relating to the said land. 4. On the previous date of hearing, after closely examining the material on record, this Court had - 4 - HC-KAR NC: 2025:KHC:19476 WP No. 53529 of 2018 expressed a preliminary view that the present writ petition may not be maintainable, particularly in view of the disputed nature of rights over a private agricultural land and the pendency of a civil suit. On being apprised of the same, learned counsel for the petitioner had sought time to obtain necessary instructions. 5. Today, on instructions, learned counsel for the petitioner submits that the petitioner may be permitted to approach the jurisdictional civil court for appropriate reliefs, as the subject matter pertains to occupation and rights in respect of private land, whereupon the authority of the Tahsildar or other revenue officials to interfere or initiate proceedings is legally untenable. 6. This Court finds merit in the said submission. It is a well-settled position of law that revenue authorities, including the Tahsildar, do not have jurisdiction to adjudicate upon disputes involving title or possession over private land, particularly when the same is the subject - 5 - HC-KAR NC: 2025:KHC:19476 WP No. 53529 of 2018 matter of proceedings before a civil court. Such issues necessarily fall within the exclusive domain of the civil court having territorial and pecuniary jurisdiction. 7. Accordingly, the submission of the petitioner’s counsel is placed on record. The petitioner is granted liberty to work out his remedies before the jurisdictional civil court in accordance with law. The writ petition stands disposed of. All contentions are kept open. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 40