- 1 - NC: 2025:KHC:11700 WP No. 29297 of 2014 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. 29297 OF 2014 (KLR-REG) BETWEEN: 1. SMT GOWRAMMA AGED ABOUT 48 YEARS, W/O SRI.BYREGOWDA, KARINAYAKANAHALLI, KASABA HOBLI, MALUR TALUK-563130. …PETITIONER (BY SRI. SANTHOSH., ADVOCATE FOR SRI. VARADARAJAN M S., ADVOCATE) AND: 1. DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR-563101. 2. ASSISTANT COMMISSIONER KOLAR SUB DIVISION, KOLAR+563101. 3. THAHASILDAR & SECRETARY COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION, MALUR TALUK, KOLAR DISTRICT-563130. 4. PRESIDENT COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION, MALUR TALUK, KOLAR DISTRICT-563130. 5. LAND ACQUISITION OFFICER K.I.A.D.B., Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11700 WP No. 29297 of 2014 NO.14/3, 1ST FLOOR, ARAVIND BHAVAN, NRUPATHUNGA ROAD, BANGALORE-560 001. 6. M/S. HONDA MOTOR CYCLE AND SCOTER INDIA PVT LTD REPRESENTED BY ITS ASSISTANT MANAGER, SRI.MOHITH BOLA, NARASAPURA INDUSTRIAL ESTATE, NARASAPURA, KOLAR DISTRICT-563133. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-4; SRI. P.V.CHANDRASHEKAR., ADVOCATE FOR R-5; SMT. ANUSHA.A., ADVOCATE FOR SRI. A MADHUSUDHANA RAO., ADVOCATE FOR R-6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.05.2014, PASSED BY THE R-1 IN R.A.NO.14/2012-13 (ANNEXURE-A), 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 ORAL ORDER 1. On 24.08.2010, the order of regularization of the petitioner's alleged unauthorized occupation was passed by the Tahsildar and an extent of 1 acre 30 - 3 - NC: 2025:KHC:11700 WP No. 29297 of 2014 guntas in Sy.No.54 of Karinayakanahalli village was sought to be granted. This order was followed by issuance of saguvali chit on 31.08.2010 and the revenue entries were also mutated in favour of the petitioner. 2. However, subsequently, the Tahsildar himself preferred an appeal to the Assistant Commissioner contending that this grant made in favour of the petitioner could not be sustained since the entire extent of land in Sy.No.54 was the subject matter of acquisition in favour of KIADB and the KIADB was in possession of this entire extent of land in Sy.No.54. It was also contended that the land acquired in Sy.No.54 had been already phoded and new survey number had been assigned. 3. The Assistant Commissioner, on verification of records, has recorded a finding that the State Government had acquired the entire extent of land in Sy.No.54 in favour of KIADB and since the land - 4 - NC: 2025:KHC:11700 WP No. 29297 of 2014 vested in the Government free from all encumbrances, it is obvious that the land granted in favour of the petitioner four years after acquisition could not be sustained and accordingly, he set aside the order of grant. This order has been confirmed by the Deputy Commissioner in an appeal. 4. If the State Government had acquired the entire extent of land in Sy.No.54 by issuance of appropriate notification under the Karnataka Industrial Areas Development Act and this entire survey number stood vested in the State free from all encumbrances in the year 2006, the question of allotting this land to any person muchless a person who claims to be in unauthorized occupation, in the year 2010 i.e., four years after acquisition, would also not arise. In this view of the matter, the Assistant Commissioner and the Deputy Commissioner are perfectly justified in canceling the grant made in favour of the petitioner. - 5 - NC: 2025:KHC:11700 WP No. 29297 of 2014 I find no reason to entertain this writ petition and the same is therefore dismissed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 48