- 1 - HC-KAR NC: 2025:KHC:33227 WP No. 2445 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 2445 OF 2025 (KLR-RES) BETWEEN: 1. SRI. NAGARAJ B A S/O SRI H. ANJINAPPA, AGED ABOUT 67 YEARS, RESIDING AT NO.294, SADAHALLI STREET, BENGALURU BENGALURU - 562 149. 2. SMT. SIDDAMMA W/O LATE SRI. VENKATEGOWDA, AGED ABOUT 60 YEARS RESIDING AT NO.402, SRI. SAI ELEGANCE APARTMENT, 2ND MAIN ROAD, NS PALYA, BTM 2ND STAGE, BEHIND SHOPPERS STOP, BANNERGHATTA ROAD, BENGALURU - 560 076. 3. MOHAMMAD HABIBULLA S/O MOHAMMAD HAMEED ULLA AGED ABOUT 51 YEARS RESIDING AT NO. 8/18, 1ST FLOOR 3RD MAIN ROAD, ATTIGUPPE, CHANDRA LAYOUT, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33227 WP No. 2445 of 2025 BENGALURU - 560 040. …PETITIONERS (BY SRI. AJIT KALYAN, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, REVENUE DEPARTMENT, VIKASA SOUDHA, BENGALURU - 560 001. 2. DEPUTY COMMISSIONER XHCM+PXC, KG ROAD, NEAR DISTRICT REGISTRAR OFFICE, AMBEDKAR VEEDHI, SAMPANGI RAMANAGAR BENGALURU, KARNATAKA - 560 009. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE 2ND RESPONDENT TO CONSIDER THE PETITIONERS REPRESENTATIONS DATED 16.12.2022 AND 02.01.2023 PRODUCED VIDE ANNEXURES A. B AND C AND CONSEQUENTLY ALLOTTING GOVERNMENT GOMALA LAND SITUATED IN SY.NO.55, BELLAHALLI, YELAHANKA HOBLI, YELAHANKA TALUK, BENGALURU IN FAVOUR OF THE PETITIONERS AS SOUGHT FOR IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:33227 WP No. 2445 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for both the respondents. 2. The prayer in the writ petition is to issue a writ of mandamus directing respondent No.2-Deputy Commissioner, to consider the representations dated 16.12.2022 and 02.01.2023 at Annexures-A, B and C and pass necessary orders allotting Government Gomal lands in Survey No.55 of Bellahalli, Yelahanka Hobli, Yelanka Taluk, Bangalore. 3. Learned Additional Government Advocate raises an objection that admittedly the lands are within the jurisdiction of the Bruhat Bengaluru Mahanagara Palike and the law regarding the grant of land and regularization of unauthorised occupation prohibits the grant of such lands. - 4 - HC-KAR NC: 2025:KHC:33227 WP No. 2445 of 2025 4. Nevertheless, as seen from Annexure-D, a communication made by the Under Secretary to the Department of Revenue (Land Grants-1) addressed to the Deputy Commissioner on 06.01.2023, the Under Secretary has requested the Deputy Commissioner to consider the applications filed by all the persons and entities mentioned therein, i.e., 26 numbers, in terms of the request made by the members of Legislative Assembly and the concerned Ministers for grant of land. 5. In the considered opinion of this Court, if such a request is made by the Under Secretary, forwarding the list of such applicants, the Deputy Commissioner is duty bound to consider the same and pass necessary orders. If the lands cannot be granted, since the provisions of law do not permit the grant of such lands, then appropriate endorsements should be issued to the applicants while forwarding a copy to the Government stating the reasons why the applications have been rejected. - 5 - HC-KAR NC: 2025:KHC:33227 WP No. 2445 of 2025 6. At any rate, the Deputy Commissioner shall consider the representations of the petitioners and pass necessary orders or issue an endorsement as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv CT: BHK