- 1 - HC-KAR NC: 2025:KHC:24497 WP No. 19699 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.19699 OF 2024 (KLR-RES) BETWEEN: 1. SRI. NAGARAJU S/O LATE MUNISHAMAPPA AGED ABOUT 74 YEARS, R/AT BYAPPANAHALLI VILLAGE, BAGALUR POST, JALA HOBLI, YELAHANKA TALUK, BENGALURU-560149. …PETITIONER (BY SRI. MUNIRAJA M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M S BUILDING, DR B R AMBEKDAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS SECRETARY. 2. THE TAHASILDAR BENGALURU NORTH (ADDITIONAL) YELAHANKA TALUK, YELAHANKA BENGALURU-560064. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24497 WP No. 19699 of 2024 QUASH THE IMPUGNED ENDORSEMENT DATED 18.05.2021 VIDE NO. LND(JALA)/CR/16.60/2021-22 ISSUED BY THE RESPONDENT NO.2 - TAHSILDAR, YELAHANKA TALUK WITH RESPECT TO LAND IN SY NO. 80, MEASURING 1 ACRE, SITUATED AT BYAPPANAHALLI VILLAGE, JALA HOBLI, YELAHANKA TALUK AS PER ANNEXURE-A; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this writ petition, petitioner is assailing the endorsement bearing No.LND(Jala)/CR16.60/2021-22 dated 18.05.2021 (Annexure-A) passed by respondent No.2, inter alia, sought for a direction to respondents to consider the application (Annexure-C), filed by the petitioner in Form-53, dated 27.11.1998, for grant of subject land to the petitioner. 2. Heard Sri. Muniraja M., learned counsel appearing for the petitioner and Sri. Siddharth Baburao, learned Additional Government Advocate appearing for the respondents. 3. Sri. Muniraja M., learned counsel appearing for the petitioner, invited the attention of this Court to the impugned - 3 - HC-KAR NC: 2025:KHC:24497 WP No. 19699 of 2024 order at Annexure-A passed by respondent No.2 and contended that, the respondent No.2 has no jurisdiction to issue the endorsement as per Rule 108-CC(3) of the Karnataka Land Revenue Rules, 1966 and accordingly, places reliance on the Judgment of this Court in the case of 'SRI. MUNIRAJU Vs. STATE OF KARNATAKA AND ANOTHER' in W.P.No.7503/2021 disposed of on 03.09.2021, and contended that, only the Deputy Commissioner of the District is having the jurisdiction under Section 94B of the Karnataka Land Revenue Act, 1964, to take decision in the matter. 4. Per contra, learned Additional Government Advocate sought to justify the impugned order. 5. Having taken note of the submissions made by the learned counsel appearing for the parties and the impugned order at Annexure-A passed by respondent No.2, upon careful examination of the language employed in Rule 108-CC(3) of the said Rules, empowers the Deputy Commissioner to take decision in the matter and not the jurisdictional Tahsildar. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioner that, - 4 - HC-KAR NC: 2025:KHC:24497 WP No. 19699 of 2024 respondent No.2 herein has no jurisdiction to issue the impugned endorsement. 6. In the result, I pass the following: ORDER (i) Writ Petition is allowed. (ii) The impugned Endorsement bearing No.LND(Jala)/CR16.60/2021-22, dated 18.05.2021, passed by respondent No.2 is hereby set aside. (iii) Respondents are hereby directed to consider the application of the petitioner in Form-53(Annexure-C), dated 27.11.1998, in accordance with law by placing it before the Committee constituted to take decision in so far as conferment of grant to be made in favour of petitioner, within three months the date of receipt of certified copy of this Order. (iv) Pending I.A.1/2024 does not survive for consideration. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 22