- 1 - NC: 2025:KHC:14112-DB WP No. 24012 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 24012 OF 2022 (KLR-RES-PIL) BETWEEN: 1. SRI T. NARAYANAPPA S/O. THIMMARAYAPPA AGED ABOUT 58 YEARS, 2. SRI GOVINDAPPA P., S/O. PAPANNA AGED ABOUT 51 YEARS, 3. SRI VENKATAPATHI S/O. LATE VENKATARAMAIAH AGED ABOUT 64 YEARS, 4. SRI VENKATASWAMY S/O. MUNIYAPPA AGED ABOUT 75 YEARS, 5. SRI T. MUNIRATHNAPPA T., S/O. THIMMARAYAPPA AGED ABOUT 49 YEARS, 6. SRI SHASHIKUMAR V., S/O. VENKATESHAPPA AGED ABOUT 20 YEARS, 7. SRI DEVARAJ T., S/O. THIMMARAYAPPA AGED ABOUT 38 YEARS, Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14112-DB WP No. 24012 of 2022 8. SRI GOVINDAPPA T., S/O. THIMMARAYAPPA AGED ABOUT 39 YEARS, ALL ARE RESIDING AT: ATTHIGERE VILLAGE KASABA HOBLI MAGUNDHI POST BANGARAPET TALUK KOLAR DIST - 563 114. …PETITIONERS (BY SRI R.P. SOMASHEKHARAIAH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S. BUILDING BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER KOLAR DIST., KOLAR - 563 101. 3. THE ASSISTANT COMMISSIONER KOLAR - 563 101., KOLAR DIST. 4. THE TAHSILDAR BANGARPET TALUK BANGARPET - 563 114 KOLAR DIST. 5. THE REVENUE INSPECTOR KASABA HOBLI BANGARPET TALUK - 563 114 KOLAR DIST. - 3 - NC: 2025:KHC:14112-DB WP No. 24012 of 2022 6. THE LAND GRANT COMMITTEE BANGARPET TALUK BANGARPET - 563 114 KOLAR DIST. REP. BY ITS CHAIRMAN/SECRETARY. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO PRESERVE THE LAND BEARING SY.NO.41, MEASURING 16 ACRES, SITUATED AT ATTIGERE VILLAGE, KASABA HOBLI, MAGUNDHI GRAMA PANCHAYATH, BANGARPET TALUK, KOLAR DISTRICT AND SY.NO.2, MEASURING 15 ACRES 19 GUNTAS AND SY.NO.9/P1, MEASURING 6 ACRES 4 GUNTAS SITUATED AT HIRENALLAGUTTAHALLI, KASABA HOBLI, BANGARPET TALUK, MAGUNDHI GRAMA PANCHAYATH BY CONSIDERING THE REPRESENTATIONS SUBMITTED TO THE ASSISTANT COMMISSIONER, KOLAR TALUK AND DISTRICT ON 21/01/2013, TO THE TAHSILDAR ON 24/02/2018 ON 02/02/2018 TO THE MLA BANGARPET TALUK, BANGARPET, TO THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR ON 22/05/2020 AND AGAIN TO THE DEPUTY COMMISSIONER ON 28/05/2020 FOR GRAZING PURPOSE OF THE ANIMALS AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:14112-DB WP No. 24012 of 2022 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) Heard learned advocate Mr. R.P. Somashekharaiah for the petitioners and learned Additional Government Advocate Smt. Niloufer Akbar for the respondents. 2. The present petition is filed styling it as public interest petition. The petitioners' case is that the land bearing Survey No.41 admeasuring 16 Acres situated at Attigeri Village, Kasaba Hobli, Magundhi Gram Panchayat, Bangarpet Taluka, Kolar District as well as Survey No.2 admeasuring 15 Acres and 19 guntas further Survey No.9/P1 admeasuring 6 Acres and 4 guntas at Hirenallaguttahalli, Kasaba Hobli, Bangarpet Taluka of the same Panchayat is a gomal land and required to be preserved for the purpose of grazing of the cattle. The petitioners have referred to the decision of this court in Writ Petition No.14048 of 2005 and the Circular issued by the State Government dated 24.12.2005 seeking to substantiate their case. - 5 - NC: 2025:KHC:14112-DB WP No. 24012 of 2022 3. It is the say of the petitioners that the certificate issued by the veterinary hospital with regard to the number of cows, buffalos etc., as well as the photographs produced go to show that these lands are the gomal lands. From the very prayer of the petitioners, it is evident that the petitioners have already made several representations in relation to their grievance. On 21.01.2013, representation is made to the Assistant Commissioner, Kolar Taluka, on 24.02.2018 to the Tahsildar, on 02.02.2018 the representation is made to the Member of Legislative Assembly, Bangarpet Taluka, Bangarpet. Also similar representation was made to the Deputy Commissioner, Kolar on 22.05.2020 and again on 28.05.2020, representation is made to the Deputy Commissioner. 3.1 Since the representations are pending, and in view that the subject matter is liable to be properly considered at the level of the authorities. Since the authorities have not yet applied their mind to the case of the petitioners, the present petition is disposed of by directing the Deputy Commissioner to look into the grievance of the petitioners. - 6 - NC: 2025:KHC:14112-DB WP No. 24012 of 2022 4. For this purpose, the petitioners are permitted to make a fresh representation within 15 days which shall be considered in accordance with law and on merits within six weeks thereafter and the decision shall be communicated to the petitioners. 4.1 This court has not gone into the merits of the aspects of the case of the petitioners. It is entirely for the authority to consider the case and grievance of the petitioners and the grounds which may be raised by the petitioners in the representation. 5. The present public interest petition is not entertained subject to the above limited observation. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 8