- 1 - NC: 2025:KHC:9241 WP No. 29094 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 29094 OF 2024 (KLR-RR/SUR) BETWEEN: 1. GURAPPA, S/O LATE MUNISWAMY, AGED ABOUT 70 YEARS, R/AT MULLUR VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE -560 035. NANJAPPA, (WAS GRANTEE AND HE WAS PARTY TO EARLIER PROCEEDINGS) S/O MUNISHAMI, SINCE DECEASED BY HIS LEGAL HEIRS. 2. SAMPATH KUMAR N, S/O LATE NANJAPPA, AGED ABOUT 36 YEARS. 3. SUMITHRA N, D/O LATE NANJAPPA, AGED ABOUT 33 YEARS. BOTH PETITIONERS ARE R/AT MULLUR VILLAGE, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE URBAN DISTRICT-560 035. …PETITIONERS (BY SRI. BIPIN HEGDE, ADVOCATE FOR SRI. H.L. PRADEEP KUMAR, ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9241 WP No. 29094 of 2024 AND: 1. THE REVENUE INSPECTOR, VARTHUR HOBLI, BANGALORE EAST TALUK, BANGALORE -560 036 2. THE TAHSILDAR, BANGALORE EAST TALUK, K.R. PURAM, BANGALORE-560 036. 3. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB DIVISION, BANGALORE-560 001 4. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT NEAR CAUVERY BHAVAN, BANGALORE-560 002 5. THE REGIONAL COMMISSIONER, BANGALORE REGION, BMTC BUS STOP, SHANTI NAGAR, BANGALORE-560 027 6. THE SPECIAL DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT-560 001. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) - 3 - NC: 2025:KHC:9241 WP No. 29094 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT NO.LND(E)CR.237/2006-07 DATED 06.03.2024 ISSUED BY R-4 i.e., THE ANNEXURE-T1 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER The petitioners are aggrieved by the refusal of the issuance of a Saguvali Chit by the Deputy Commissioner. 2. It is the case of the petitioners that petitioner No.1 was granted 1 acre of land and petitioner Nos.2 and 3, who are the legal representatives of Nanjappa, were also the recipients of a grant of 1 acre. 3. It is contended that the order of grant was made by an Official Memorandum dated 17th November 1979 and despite this Official Memorandum, the Saguvali chit had not been issued. The impugned order indicates that the land that was granted to the petitioners was - 4 - NC: 2025:KHC:9241 WP No. 29094 of 2024 situated within 25 kilometers radius of the municipal limits of the B.B.M.P. and therefore, the Saguvali Chit cannot be issued. 4. Learned counsel for the petitioners places reliance on the judgment rendered by this Court in Writ Petition No.39809 of 2012 (KLR-RES) DD 19.02.2013 which was in respect of the grant made in the very same survey number to the extent of 2 acres in favour of the petitioners. He points out that in those proceedings, this Court negated the contention of the Government that the grant was irregular and directed the authorities to act in accordance with the grant. He also submits that pursuant to this order, the authorities have in fact accepted the said order and also issued Saguvali chit in favour of Muniyellappa's daughter. He, therefore, contended that even on the ground of parity, the petitioners would be entitled for issuance of saguvali chit. 5. In my view, this argument of the learned counsel for the petitioners merits acceptance. If four - 5 - NC: 2025:KHC:9241 WP No. 29094 of 2024 persons were granted pieces of land in the very same survey number under the Official Memorandum dated 17th November 1979 vide Annexure-C and the grantee viz., Muniyellappa has been issued a saguvali chit, after the contention of the State that the grant was irregular or illegal was negatived by this Court, the State cannot thereafter contend that it can still possess the power to withhold the issue of the saguvali chit in respect of two other recipients of the grant under the very same order. The fact that the Government has accepted the order passed by this Court and proceeded to issue saguvali chit in favour of the legal representative of Muniyellappa would also lead to the conclusion that the petitioners would also be entitled to issuance of saguvali chit just as in the case of legal representatives of Muniyellappa. 6. It is also pointed out that pursuant to the issuance of saguvali chit, the revenue entries are also made out in favour of the legal representative of Muniyellappa. - 6 - NC: 2025:KHC:9241 WP No. 29094 of 2024 7. In that view of the matter, in the light of the above order passed by this Court in Writ Petition No.39809 of 2012 (KLR-RES), it would be imperative for the Government to act upon the said order and also issue saguvali chit in favour of the petitioners. Accordingly, writ petition is disposed of. Two months' time is granted to implement this order as a consequence of the issuance of saguvali chit and the entry shall also be entered. Sd/- (N S SANJAY GOWDA) JUDGE KNM List No.: 1 Sl No.: 68 CT:SNN