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2025 DAILYLAW 42451 (KAR)

SMT KAMALAMMA v. THE STATE OF KARNATAKA

WP/26448/2025 · 2025-09-12

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36240 WP No. 26448 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 26448 OF 2025 (LR) BETWEEN: 1. SMT KAMALAMMA D/O LATE BIDALURAIH AGED ABOUT 65 YEARS, R/AT SHIVAKUMAR SWAMY LAYOUT, DODDABALLAPURA ROAD DABSPETE, SOMPURA HOBALI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT 562123. 2. SMT NAGARATHANAMMA W/O LATE MADAIAH AGED ABOUT 60 YEARS R/O GEDDALAHALLI VILLAGE, SOMPURA HOBALI, NELAMANGALA TALUK, BENGALURU RURALL DISTRICT 562123. …PETITIONERS (BY SRI.H VENKATESHA DODDERI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETORY VIDHANA SOUDHA, REVENUE DEPARTMENT BENGALURU 560001. 2. THE DEPUTY COMMISSIONER OFFICE AT CHAPPARADAKALLU Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36240 WP No. 26448 of 2025 BEERSANDRA BANGALORE RURAL DISTRICT 562110. 3. THE ASST. COMMISSIONER DODDABALLAPURA SUB-DIVISION DODDABALLAPURA, BANGALORE RURAL DISTRICT 562103. 4. THE TAHASILDAR NELAMANGALA TALUK, NELAMANGALA BANGALORE RURAL DISTRICT 562123. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ENDORSEMENT DATED 18.06.2022 ISSUED BY THE R4 ANNEXURE-Q.II. DIRECTIONS TO R4 TO CONSIDER THE REPRESENTATIONS OF PETITIONERS DATED 28.02.2022 AND RE-GRANT THE LAND IN FAVOUR OF PETITIONERS AS PER ANNEXURE-L. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. - 3 - HC-KAR NC: 2025:KHC:36240 WP No. 26448 of 2025 2. Learned counsel for the petitioners submits that pursuant to the Amendment Act, 2021, made to the Karnataka Certain Inams Abolition and Certain Other Law (Amendment) Act, 2021, (for short, 'Inams Abolition Act'), which was notified in the Gazette on 18.01.2022, the petitioners filed applications on 28.02.2022 seeking re- grant of 2 acres of land in Survey No.26 of Geddalahalli Village, Sompura Hobli, Nelamangala Taluk, Bangalore Rural District. 3. It is submitted that in the meanwhile, acquisition proceedings were initiated by the government for the benefit of the Karnataka Industrial Areas Development Board for acquisition of lands in Geddalahalli Village by preliminary notification dated 19.05.2021. Learned counsel submits, while pointing to Annexure-P, that notice has been issued by the Special Land Acquisition Officer of KIADB in respect of 2 acres of land in Sy.No.26 showing the same as thoti service inam land, but no name is shown as to the persons in whose favour the notice is - 4 - HC-KAR NC: 2025:KHC:36240 WP No. 26448 of 2025 issued. The Tahsildar, Nelamangala Taluk, has issued the impugned endorsement dated 18.06.2025, bringing to the notice of petitioners the fact that the lands have been notified for acquisition for the benefit of the KIADB and therefore, it would not be permissible to consider the applications filed by the petitioners. 4. Learned counsel has today filed a memo along with additional documents inducing a communication dated 19.04.2021 made by the Chief Executive Officer of the KIADB to the Additional Chief Secretary of the Department of Commerce and Industries annexing a copy of orders passed by the Tahsildar to show that under similar circumstances when application under Form No.53 was filed by certain persons seeking regularisation of unauthorised occupation and in the meanwhile, acquisition proceedings were initiated for the benefit of the KIADB, for the benefit of such persons, the Tahsildar has entered their names in the revenue records saying that lands have been granted in their favour and the revenue entries are - 5 - HC-KAR NC: 2025:KHC:36240 WP No. 26448 of 2025 made only for the purpose of enabling the persons to receive compensation at the hands of the KIADB. Learned counsel prays for similar directions to the Tahsildar to enter the name of the petitioners in the revenue records, only for the purpose of enabling the petitioners to seek compensation at the hands of the KIADB. 5. Having regard to the facts narrated hereinabove and in view of the fact that the Tahsildar does not dispute the fact that applications have been filed by the petitioners in view of the amendment brought to the Inams Abolition Act, the petitioners are entitled to a similar benefit as was given to the persons as noticed in the additional documents. 6. Consequently, the writ petition stands disposed of with a direction to respondent No.2-Deputy Commissioner, Bangalore Rural District and respondent No.4-Tahsildhar, Nelamangala Taluk—to consider the applications filed by the petitioners and formally pass - 6 - HC-KAR NC: 2025:KHC:36240 WP No. 26448 of 2025 orders to enable the Tahsildar to enter the names of the petitioners in the revenue records only for the purpose of enabling the petitioners to seek compensation at the hands of the KIADB. 7. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this order. Order accordingly. 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: JL