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2025 DAILYLAW 31266 (KAR)

SRI SANJEEVAPPA v. THE STATE OF KARNATAKA

WP/50940/2019 · 2025-04-24

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:16988 WP No. 50940 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 50940 OF 2019 (KLR-LG) BETWEEN: 1. SRI. SANJEEVAPPA S/O MUNISHAMAPPA AGED ABOUT 64 YEARS HOUSE NO.117, MAILAPPANAHALLI BANGALORE NORTH TLAUK BANGALORE-560089. 2. SMT. RATHNAMMA .D D/O KAMALAMMA AGED ABOUT 54 YEARS W/O KRISHNA .K NO.794, BHEL LAYOUT, PATTANAGERE RAJARAJESHWARI NAGAR BANGALORE-560098. …PETITIONERS (BY SRI. UMESH .B.N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIKASA SOUDHA BANGALORE-560 001 REP BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE-560001. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16988 WP No. 50940 of 2019 3. THE THASILDAR BANGALORE NORTH TALUK KANDAYA BHAVANA BANGALORE-560009. 4. THE RAJEEV GANDHI HOUSING CORPORATION LTD. 9TH FLOOR, K G ROAD BANGALORE-560009. REP BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R3; SMT. SUMANA BALIGA, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 13/14-12.2014 IN NO. LND(G)CR:72/17-18 PASSED BY THE R-2 IN SO FAR AS IT RELATES TO LAND NOTIFIED AT SERIAL NO.11 OF PART-I THEREIN VIDE AT ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioners are challenging the order dated 13/14-12-2017 passed by the Deputy Commissioner at Annexure-A, by which, the Deputy Commissioner has granted certain lands for the purpose of Ashraya - 3 - NC: 2025:KHC:16988 WP No. 50940 of 2019 Scheme. The petitioners contend that item No.11 relating to Sy.No.13 measuring 13 acres 27 guntas is inclusive of 8 acres of land already granted to the petitioners on 06.05.1974 and therefore, the order of reservation passed by the Deputy Commissioner would be illegal. 2. Since the impugned order grants the land which the petitioners claim to have purchased and the petitioners have also made several representations vide Annexures-B to B7 to the authorities concerned to consider their request, it would be necessary to direct the Deputy Commissioner to consider the claim/aforesaid representations of the petitioners that the lands already granted to them had been included in the impugned order, within a period of three months from the date of receipt of a copy of this order. 3. The writ petition is accordingly disposed of. However, since there was an interim order granted in this - 4 - NC: 2025:KHC:16988 WP No. 50940 of 2019 petition, the same shall stand continued until the claim of the petitioners is considered. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 101