- 1 - HC-KAR NC: 2025:KHC:48649-DB WA No. 121 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 121 OF 2025 (KLR) BETWEEN: 1. THE SECRETARY TO GOVERNMENT DEPT OF REVENUE, M S BUILDING, BENGALURU 01 2. THE DEPUTY COMMISSIONER UDUPI DISTRICT, UDUPI 576101 3. THE SPECIAL TAHSILDAR BRAHMAVAR UDUPI TALUK, UDUPI DISTRICT 576101 …APPELLANTS (BY SRI.K.S. HARISH, GA) AND: SRI B RATHNAKARA SHETTY S/O LATE B KRISHNAPPA SHETTY, AGED ABOUT 78 YEARS, RESIDENT OF VANDARU VILLAGE, UDUPI TALUK 576223 UDUPI DISTRICT 576101 …RESPONDENT THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE WRIT APPEAL BY Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48649-DB WA No. 121 of 2025 SETTING ASIDE THE ORDER DATED 27/02/2024 PASSED IN WP NO.27790/2016 AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the affidavit accompanying the application - I.A.1/2025, is allowed and the delay in filing the appeal is condoned. 2. The appellants have filed the present appeal impugning an order dated 27.02.2024 passed by the learned Single Judge of this Court in W.P. No.27790/2016 [KLR-LG]. The respondent had filed the said petition impugning an order dated 21.11.2013 passed by the Deputy Commissioner, whereby it inter alia imposed two conditions: (i) condition for non alienation for a period of 25 years and (ii) non conversion of the land measuring 1 acre 03 acres bearing Sy. No.60/A in Vandaru Village, Brahmavara Taluk, Udupi District [subject land] for non agricultural use. - 3 - HC-KAR NC: 2025:KHC:48649-DB WA No. 121 of 2025 3. The subject land was granted to one B. Krishnappa Shetty on 15.08.1958 for cashew cultivation on a lease for a period of 30 years in terms of the order dated 15.08.1958. The said grant was under the South Kanara District Lease of Lands for Cashew Nut Cultivation Rules, 1957 [Rules]. In terms of the Rules, the grantee who is entitled to acquire permanent ownership of the subject land had made an application on payment of value of the land fixed at the time of the grant. The grantees [legal heirs] had applied for acquiring the ownership of the land in question and the value of the same was Rs.1,72,000/- per acre. Although the ownership was subsequently granted to the grantee, it imposed certain conditions including that the land would not be alienated for a period of 25 years and would not be used for any other purpose. 4. It is the petitioner's case that the said condition is extraneous to the Rules as well as the terms of the grant. Neither the Rules nor the terms of the grant had mentioned any such restricted condition. On the contrary, Rule 3(i) of the Rules specifically provided that lessee [grantee] would be getting an option to acquire permanent ownership of the land on expiry of period of 30 - 4 - HC-KAR NC: 2025:KHC:48649-DB WA No. 121 of 2025 years on payment of the value of the land fixed at the time of the grant itself. 5. The learned Single Judge had accepted the contention advanced by the petitioner and allowed the petition. Concededly, the issue is also covered by earlier decision of this Court in Writ Appeal No.444/2025 [STATE OF KARNATAKA AND OTHERS V/S RAMANATHA SHETTY: NC 2025: KHC: 45936-DB]. 6. For the reason stated above, the present appeal is dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS/ List No.: 2 Sl No.: 16