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2025 DAILYLAW 36596 (KAR)

SRI M. VEERANNA v. THE PRINCIPAL SECRETARY TO GOVERNMENT

WP/35103/2024 · 2025-01-08

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:538 WP No. 35103 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 35103 OF 2024 (KLR-RES) BETWEEN: 1. SRI M. VEERANNA S/O LATE MUNIYAPPA, AGED ABOUT 70 YEARS R/AT NO 180, MOSQUE ROAD BOODIGERE, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 110. …PETITIONER (BY SRI. MONESH KUMAR, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY TO GOVERNMENT REVENUE DEPARTMENT M S BUILDING, DR B R AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BEERASANDRA VILLAGE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 3. THE ASSISTANT COMMISSIONER DEVANAHALLI SUB-DIVISION BEERASANDRA VILLAGE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110. 4. THE TAHSILDAR DEVANAHALLI TALUK Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:538 WP No. 35103 of 2024 DEVANAHALLI BENGALURU RURAL DISTRICT - 562 110. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS NOT TO INTERFERE IN THE PETITIONER'S PEACEFUL POSSESSION AND ENJOYMENTS OF HIS LANDS WITHOUT AUTHORITY OF LAW, DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 26.11.2024 VIDE ANNEXURE-L AND GIVE EFFECT TO THE SAME AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Learned AGA is directed to accept notice for the respondents. 2. The captioned petition is filed seeking the following reliefs: (a) Issue a writ order or direction in the nature of mandamus to the respondents not to interfere in - 3 - NC: 2025:KHC:538 WP No. 35103 of 2024 the petitioner's peaceful possession and enjoyments of his lands without authority of law. (b) Issue a writ order or directions to the Respondents to consider the representation of the petitioner dated 26.11.2024 vide Annexure-L and give effect to the same. (c) Pass such other order/s considering the facts and circumstances of the case together as to exemplary costs in the interest of justice and equity. 3. Upon a careful examination of the reliefs sought in the captioned petition, it is evident that the issues raised are inherently civil in nature. The primary reliefs sought by the petitioner pertain to possessory rights over the subject lands and an injunction against interference by the respondents. These matters are adversarial in character and involve the determination of rights and disputes that fall squarely within the jurisdiction of a competent Civil Court. This Court observes that granting relief in the present writ petition would effectively encroach upon the domain of the Civil Court, which is - 4 - NC: 2025:KHC:538 WP No. 35103 of 2024 vested with the authority to adjudicate such disputes under the applicable legal framework. 4. Furthermore, the determination of possessory rights, as well as the resolution of claims grounded in title or other substantive property rights, requires an assessment of evidence and arguments, which is best undertaken through a detailed civil litigation process. The provisions of the Karnataka Land Revenue Act, which regulate various aspects of land administration and related disputes, also guide the petitioner to seek recourse before the appropriate Civil Court. 5. In light of the foregoing, this Court is not inclined to exercise its discretionary writ jurisdiction in the matter. Instead, the petitioner is relegated to approach the competent Civil Court to substantiate his possessory rights, relying on any relevant title documents and other evidence to support his claim. Such a forum is better equipped to conduct a thorough examination of the issues and provide a just resolution. - 5 - NC: 2025:KHC:538 WP No. 35103 of 2024 6. Accordingly, the present writ petition is disposed of with liberty to the petitioner to seek appropriate remedies before the Civil Court, as permissible under law. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 31