- 1 - NC: 2025:KHC:15737-DB WA No. 970 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT APPEAL No. 970 OF 2024 (KLR-REG) BETWEEN: 1. MUNIANNAIAH, S/O CHIKKATHAYAPPA, AGED ABOUT 56 YEARS, OCC: SOCIAL SERVICE, R/AT INJANAHALLI, JADIGENAHALLI VILLAGE, HOSKOTE TALUK - 562114, BANGALORE RURAL DISTRICT. 2. MUNIRAJU C., S/O CHIKKA MUNIYAPPA, AGED ABOUT 58 YEARS, R/AT INJANAHALLI, JADIGENAHALLI VILLAGE, HOSKOTE TALUK - 562114, BANGALORE RURAL DISTRICT. 3. RANGASWAMY S/O NARAYANAPPA , AGED ABOUT 45 YEARS. R/AT INJANAHALLI, JADIGENAHALLI VILLAGE, HOSKOTE TALUK - 562114 BANGALORE RURAL DISTRICT 4. GOPINATH L S/O LATE LAKSHMAIAH, AGED ABOUT 40 YEARS, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15737-DB WA No. 970 of 2024 R/AT INJANAHALLI, JADIGENAHALLI VILLAGE, HOSKOTE TALUK - 562114 BANGALORE RURAL DISTRICT …APPELLANTS (BY SRI. B.V. RAMA MOORTHY, ADVOCATE) AND: 1. SRI. V. LAKSHMI NARAYANA, S/O VENKATAPPA, AGED ABOUT 50 YEARS, R/AT INJANAHALLI VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE - 562114 2. KRISHNAPPA, S/O THIMMAPPA, AGED ABOUT 55 YEARS, R/AT AANBALIPURA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE - 562114 3. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE MS BUILDING BENGALURU - 560001 4. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION OF LAND, REP BY ITS SECRETARY, HOSKOTE - 562114 5. THE THASILDAR HOSAKOTE TALUK HOSAKOTE - 562114 …RESPONDENTS (BY SRI. H. P. GANGESH GOWDA, ADVOCATE FOR SRI. A. VIJAYA KUMAR BHAT, ADVOCATE FOR R1 AND R2; SRI. NAVEEN CHANDRASHEKAR, AGA FOR R3 TO R5.) - 3 - NC: 2025:KHC:15737-DB WA No. 970 of 2024 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 15.04.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-10724/2024 FILED BY THE RESPONDENT No.01 AND 2 AND PLEASED TO DISMISS THE WP No-10724/2024 FILED BY THE RESPONDENT No-1 AND 2. THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Learned Single Judge by judgment and order dated 15.04.2024 passed in Writ Petition No.10724 of 2024, while allowing the petition, following directions were issued, "6. Consequently, the writ petition is allowed. The impugned endorsement at Annexure-C issued by the Tahsildar, Hoskote Taluk, is hereby quashed and set aside. The matter stands remanded to the Tahsildar, Hosakote with a specific direction that he shall decide as to what was the distance between the land in question and the boundary of then Bangalore Mahanagara Palike as it was as on the date of application i.e., in the year 1998. If it is clear that the land in question was not within the prohibited distance having regard to the boundaries of then Bangalore Mahanagara Palike, then the Tahsildar shall place the report and application before the Committee, the Committee shall consider the application of the petitioner and proceed to issue saguvali chit in favour of the petitioner. The entire exercise shall be completed as expeditiously as possible at any rate within a period of two months from the date of receipt of copy of this order. - 4 - NC: 2025:KHC:15737-DB WA No. 970 of 2024 7. Needless to observe that till the disposal of the application, the petitioners shall not be dispossessed from the land in question." 2. In the present application - I.A. No.1 of 2024, the applicants are the third parties seeks leave to appeal against the aforesaid judgment and order. The ground sought to be raised in support of that the land in question was Gomala land and was reserved under Section 71 of the Karnataka Land Revenue Act, 1964 and also Rule 108 of the Karnataka Land Grant Rules. 3. It is the case that the land of such kind and nature, cannot be granted to the public. It was stated that the applicants had filed Writ Petition No.44573 of 1999 of this court for grant of portion of the land out of the Survey No.13 at Injanahalli Village, Jadigenahalli Hobli, Hoskote Taluka, which petition was allowed. However, the said facts have been suppressed by the petitioners who filed the writ petition before learned Single Judge. On such grounds, applicants prays for granting of leave to appeal. 4. The operative directions of the learned Single Judge in the judgment and order in respect of which leave to appeal is prayed for shows that the proceedings are sent back by learned Single Judge to Tahsildar and to the Committee. After setting aside the - 5 - NC: 2025:KHC:15737-DB WA No. 970 of 2024 impugned endorsement requiring the Committee to undertake the exercise as directed within the stipulated time and take a fresh decision. 5. In the aforesaid view, the court does not see any good reason to permit and grant the applicants to leave to appeal. However, it is left open for the applicants to apply before the Committee to submit their case, which may be considered by the Committee in accordance with law and on merits while undertaking a fresh exercise of taking decision as per the directions of learned Single Judge. 6. With such limited observations, the leave to appeal application is rejected. 7. Consequentially, the appeal stands disposed of as not surviving. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE VBS/ List No.: 1 Sl No.: 25