- 1 - NC: 2025:KHC:4319 WP No. 36105 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 36105 OF 2024 (KLR-RR/SUR) BETWEEN: SMT. K T P SARAMMA @ SARUMMA K T P W/O LT K MOIDU HAJI AGED ABOUT 85 YEARS R/AT BETTADAKADU NALLIAHUDIKERE VILLGE KUSHALNAGAR TALUK - 571234 KODAGU DISTRICT AND ALSO R/AT K.T.P. HOUSE P.O. MAMBA KANNUR DISTRICT KERALA STATE - 670611 …PETITIONER (BY SRI. KRISHNA B J., ADVOCATE) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:4319 WP No. 36105 of 2024 AND: 1. STATE OF KARNATAKA THE PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BANGALORE - 560 001 2. THE DEPUTY COMMISSIONER KODAGU DISTRICT MADIKERI - 571 201 3. THE ASSISTANT COMMISSIONER KODAGU DISTRICT MADIKERI - 571 201 4. THE TAHSILDAR KUSHALNAGAR TOWN KUSHALNAGAR TALUK - 571 234 KODAGU DISTRICT …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 THE ASSISTANT COMMISSIONER, KODAGU DISTRICT, MADIKERE AND R- 4 THE TAHSILDAR, KUSHAL NAGAR, KODUGU DISTRICT TO CONSIDER THE APPLICATIONS DTD.06.12.2024 VIDE ANNX-G AND H FILED BY THE PETITIONER IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:4319 WP No. 36105 of 2024 CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed seeking a direction to respondent Nos.3 and 4 to consider the petitioner's application dated 06.12.2024, where a request is made to grant an additional extent of 1.02 acres situated in Sy.No.177/1 of Nelliahudikeri village, Kushalnagar Taluk, Kodagu District. 2. Learned Additional Government Advocate on instructions submits that the petitioner has already been granted 1.94 acres in Sy.No.177/1 of Nellihudikeri village and petitioner's family holds several patta lands and therefore, she would resist this petition on the ground that the petitioner is not entitled to seek grant of additional land. 3. Upon a thorough examination of the records, this Court is of the considered view that the scheme introduced by the Government for the grant of land is specifically intended to benefit landless individuals. The primary objective of the scheme is to allocate land to those who do not own any, - 4 - NC: 2025:KHC:4319 WP No. 36105 of 2024 thereby ensuring equitable distribution and preventing undue concentration of landholding. 4. In the present case, the petitioner has placed reliance on certain documents to support their claim for an additional grant of land. However, a careful perusal of the records reveals that the petitioner has already been granted 1.94 acres in Sy.No.177/1 by the relevant Authority. Further, petitioner’s family hold ancestral lands. This fact is not in dispute, as it has been expressly acknowledged by the petitioner. Given that the Government’s scheme is designed to provide land to those who are entirely landless, rather than to facilitate the accumulation of additional land by existing beneficiaries, the petitioner does not possess any enforceable legal right to claim an additional extent of land through a fresh grant. 5. Furthermore, granting additional land to the petitioner would be contrary to the underlying purpose of the scheme, which aims to ensure fair and just distribution of land among genuinely landless individuals. Therefore, in the - 5 - NC: 2025:KHC:4319 WP No. 36105 of 2024 absence of any legal entitlement or special circumstances warranting a deviation from the scheme’s objectives, the petitioner’s request for an additional grant is unsustainable in law. 6. Therefore, in absence of any legal right, the respondents are not to obligated to consider the petitioner's application. Writ petition is devoid of merits. This Court is declined to entertain such a prayer. Accordingly, the writ petition is dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE KG List No.: 1 Sl No.: 26