- 1 - HC-KAR NC: 2025:KHC:22411 WP No. 10502 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO.10502 OF 2021 (LR) BETWEEN: SRI K. VENKATARAMANACHARI S/O LATE SUBBACHARI AGED ABOUT 69 YEARS RESIDING AT BAJANA MANDIRA STREET 17TH WARD,BAGEPALLI TOWN CHIKKABALLAPUR. …PETITIONER (BY SRI VINAYAKA B. VISHNU BATTA, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S.BUILDINGS, BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA. 3. THE TAHSILDAR CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA. 4. K. NAGAMANIYAMMA D/O LATE NAGARATNACHAARI MARGANUKUNTE VILLAGE GULUR HOBLI, BAGEPALLI. …RESPONDENTS (BY SRI K.P. YOGANNA, ADVOCATE FOR R-1 TO R-3; R-4 SERVED) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22411 WP No. 10502 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY RESPONDENT NO.2 IN PROCEEDING LRM/INM(B)-1/2008-09 DATED 18-1-2016 AND DIRECT THE DEPUTY COMMISSIONER, CHIKKABALLAPURA DISTRICT TO CONSIDER THE MATTER AFRESH IN ACCORDANCE WITH LAW AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, petitioner is assailing the order dated 18.01.2016 in LRM/INM(B)-1/2008-09 passed by Respondent No.2 interalia sought for direction to the Deputy Commissioner, Chikkaballapura District to consider the case afresh. 2. The facts in nutshell for the purpose of adjudication of the writ petition are that the petitioner claims to be the owner in possession of 2 acres 15 guntas in Sy.No.185, 17 guntas in Sy.No.196, 36 guntas in - 3 - HC-KAR NC: 2025:KHC:22411 WP No. 10502 of 2021 Sy.No.130 of Marganukunte Village, Bagepalli Taluk, Chikkaballapura District and 18 guntas in Sy.No.168, 3 acres 10 guntas in Sy.No.53 and 38 guntas in Sy.No.168 of Pesalaparthi Village, Sy.Nos.130, 185 and 196 was a lohar inam land. It is further stated in the petition that ancestors of the petitioners were cultivating the inam land and after their demise, father of the petitioner was cultivating the said lands. It is also stated that, after the commencement of the Mysore (Personal and Miscellaneous) Inam Abolition Act, 1954, Respondent No.4 herein has filed an application seeking occupancy rights in respect of the subject lands. Thereafter, the matter was referred to the Land Tribunal. The Land Tribunal, by an order dated 17.03.1987, granted occupancy rights in favour of Subbachari and Venkataramanachari (petitioner herein). The said order was questioned by Respondent No.4 in Writ Petition No.30532 of 1992 and this Court vide order dated 18.02.2000, which is at Annexure-D allowed the writ petition and accordingly, remitted the matter to - 4 - HC-KAR NC: 2025:KHC:22411 WP No. 10502 of 2021 the Land Tribunal for fresh consideration after affording opportunity to the parties concerned. Thereafter, the matter was transferred to Respondent No.2. The Respondent No.2 vide order dated 18.01.2016 (Annexure- A), rejected the claim made by the petitioner herein on the ground that the application made by the petitioner herein is not found in the original record and therefore, the present writ petition is filed by the petitioner. 3. Heard Shri.Vinayaka B. Vishnu Batta, learned counsel appearing for the petitioner and Shri.K.P.Yoganna, learned AGA appearing for Respondent Nos.1 to 3. 4. Learned counsel for the petitioner invited the attention of the Court to the order dated 18.02.2000 in W.P.No.30532 of 1992 (Annexure-D) and submitted that since the entire proceedings before this Court was made at the instance of Respondent No.4, in which, Form No.7 filed by the petitioner herein was found, and after the matter was remanded to the Respondent No.2 herein, it is stated - 5 - HC-KAR NC: 2025:KHC:22411 WP No. 10502 of 2021 that there was no application or relevant form filed by the petitioner herein seeking occupancy rights. He also invited the attention of the Court to the fact that Respondent No.4 and the petitioner herein belong to the same family and the compromise has been entered into between the parties as per Annexure-F and in that view of the matter, he contended that there is no impediment for Respondent No.2 to grant occupancy rights in respect of the subject land in favour of the petitioner herein. 5. Per contra, the learned AGA sought to justify the impugned order at Annexure-A. 6. In the light of the submission made by the learned counsel for the parties, the finding recorded by Respondent No.2 while rejecting the application made by the petitioner herein is on the ground that there is no application found in the original record. However, the records produced by the learned AGA wherein the application filed by petitioner herein on 02.01.1975 is appended along with the application filed by Respondent - 6 - HC-KAR NC: 2025:KHC:22411 WP No. 10502 of 2021 No.4 herein. In that view of the matter, I am of the view that it is a case of non-application of mind by Respondent No.2 in rejecting the application made by the petitioner seeking re-grant in respect of the land in question. Since there is already an application seeking re-grant made by the petitioner herein is pending as stated above, and as the Respondent No.4 herein has not contested the matter and in view of the compromise deed said to have been executed between the petitioner and Respondent No.4 herein as per Annexure-F, I am of the view that the order dated 18.01.2016 passed by Respondent No.2 is liable to be set aside. 7. In view of the fact that the application filed by the petitioner seeking re-grant is found in the original record, I am of the view that there is no impediment for the Respondent No.2 to issue appropriate order with regard to re-granting the land in question in favour of the petitioner within a period of two months from the date of - 7 - HC-KAR NC: 2025:KHC:22411 WP No. 10502 of 2021 receipt of copy of this order. In that view of the matter, this Court pass the following: ORDER i) The Writ Petition is allowed; ii) The order dated 18.01.2016 passed by Respondent No.2 in proceeding LRM/INM(B)- 1/2008-09 is hereby set aside. SD/- (E.S.INDIRESH) JUDGE DH List No.: 1 Sl No.: 60