- 1 - HC-KAR NC: 2025:KHC:26639 WP NO.18737 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.18737 OF 2025 (KLR-RES) BETWEEN: MR. JAISON P.C. S/O P.J. CHANDY, AGED ABOUT 49 YEARS, HANKARAMAJALU BAILU HOUSE, KALANJA VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT - 574 212. REP. BY HIS G.P.A HOLDER, MR. P.J. CHANDY. …PETITIONER (BY SRI. JITHIN JEIJO, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT, MANGALURU, DAKSHINA KANNADA - 575 003. 2. THE ASSISTANT COMMISSIONER PUTTUR, DAKSHINA KANNADA DISTRICT - 574 201. 3. THE TAHSILDAR, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT - 574 214. 4. MR. MURUGAN, S/O THANGAYYA, AGED ABOUT 44 YEARS, HANKARAMAJALU BAILU HOUSE, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26639 WP NO.18737 OF 2025 KALANJA VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT - 574 212. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 11TH MARCH, 2025 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-A, WHEREBY THE APPEAL FILED BY THE RESPONDENT NO.4 WAS ALLOWED AND THE LAND BEARING SURVEY NO.146/P2, SITUATED AT KALANJA VILLAGE OF BELTHANGADY TALUK, WAS DIRECTED TO BE VESTED IN THE STATE GOVERNMENT; AND CONSEQUENTLY, TO UPHOLD THE GRANT ORDER PASSED BY RESPONDENT NO. 3 DATED 06TH MAY, 2002 VIDE ANNEXURE-B; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER Sri. Siddharth Babrurao, learned Additional Government Advocate accepts notice for respondents 1 to 3. 2. In the writ petition, the petitioner is assailing the order dated 11th March, 2025 (Annexure-A) passed by the respondent No.1 in Case No.RAP.50/2024, wherein the appeal preferred by the respondent No.4 came to be allowed on the ground that the petitioner was not eligible for grant since the age of petitioner was eleven years on the date of application made for grant of the subject land. - 3 - HC-KAR NC: 2025:KHC:26639 WP NO.18737 OF 2025 3. Heard Sri. Jithin Jeijo, learned counsel appearing for the petitioner and Sri. Siddharth Baburao, learned Additional Government Advocate appearing for respondents 1 to 3. 4. Sri. Jithin Jeijo, learned counsel appearing for the petitioner submits that the petitioner-Jaison P.C. was born on 22nd March, 1976 and the order of grant was made on 06th May, 2002. Learned counsel appearing for the petitioner contended that, as on the date of application, the petitioner is minor and the same has been considered by the respondent No.1, while passing the impugned order. Hence, he sought for interference of this Court. 5. Per contra, Sri. Siddharth Baburao, learned Additional Government Advocate appearing for respondents 1 to 3 submitted that, as on the date of application made by the petitioner, the petitioner had attained age of eleven years and therefore, he is not entitled for grant made by the respondent No.3. Accordingly, he sought for dismissal of the writ petition. 6. In the light of submission made by learned counsel appearing for the parties, on perusal of the finding recorded by the respondent No.1 in the impugned order, the same would - 4 - HC-KAR NC: 2025:KHC:26639 WP NO.18737 OF 2025 indicate that the petitioner was born on 22nd March, 1976 and as on the date of making application, seeking grant of land, the petitioner was aged about eleven years. In that view of matter, the finding recorded by the respondent No.1 is just and proper and same is in accordance with the law declared by this Court in the case of M.B. JAYAPRAKASH vs. DEPUTY COMMISSIONER D.K. DISTRICT AND OTHERS made in Writ Petition No.23171 of 2014 decided on 09th January, 2023. Accordingly, writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 28