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2025 DAILYLAW 55325 (KAR)

SRI M NAGABHUSHAN v. THE STATE OF KARNATAKA

WP/23129/2025 · 2025-08-04

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:29981 WP No. 23129 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 23129 OF 2025 (KLR-RR/SUR) BETWEEN: SRI M NAGABHUSHAN S/O LATE M. KRISHNAIAH, AGED ABOUT 68 YEARS, RESIDING AT AVANTHI FARMS, SY.NO.71, MADANAYAKANAHALLI VILLAGE, DASANPURA HOBLI, BENGALURU NORTH BENGALURU-562 162. …PETITIONER (BY SRI. H.N.SHASHIDHARA, SENIOR COUNSEL FOR SRI. H.S. SUHAS., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDINGS, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF COMMERCE AND INDUSTRIES, GOVERNMENT OF KARNATAKA, VIKAS SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU 560 001. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29981 WP No. 23129 of 2025 3. THE PRINCIPAL SECRETARY, STATE OF KARNATAKA, PUBLIC WORKS DEPARTMENT, VIKAS SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU 560 001. 4. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, KANDAYA BHAVAN, K G ROAD, BANGALORE.560 009. 5. THE TAHASILDAR, NORTH TALUK BANGALORE URBAN DISTRICT KANDAYABHAVAN, K G ROAD, BANGALORE- 560 009 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RESTORE THE NAME OF THE PETITIONER IN RESPECT OF BOTH THE LANDS IN SY. NO. 76/1 MEASURING 3 ACRES 19 GUNTAS AND SY. NO. 76/2 MEASURING 4 ACRES 03 GUNTAS OF THOTADAGUDDADA HALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK, AS PER THE REPRESENTATIONS DATED 18.08.2019, 21.10.2020, 15.04.2021 AND 07.07.2025 VIDE ANNEXURE -J, K, L AND U. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS - 3 - HC-KAR NC: 2025:KHC:29981 WP No. 23129 of 2025 ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. 2. Learned counsel for the petitioner draws the attention of this Court to Annexure-T, a representation dated 07.07.2025 and submits that pursuant to orders passed by this Court in W.P.No.13956/2022, setting aside the acquisition notification in respect of lands bearing Survey No.76/1 measuring 3 acres 19 guntas and Survey No.76/2 measuring 4 acres 3 guntas situated at Thottadaguddadahalli, Dasanpura Hobli, Bangalore North Taluk, the petitioner is requesting the Tahsildar, Bangalore North Taluk, to remove the entry made in the revenue records showing the name of K.I.A.D.B and to mutate and enter the name of the petitioner in the records. However, no action has been taken by the Tahsildar and therefore, the petitioner is before this Court. - 4 - HC-KAR NC: 2025:KHC:29981 WP No. 23129 of 2025 3. However, the learned Additional Government Advocate raises an objection, stating that the representation at Annexure-T is made to the State of Karnataka, Department of Revenue, the Principal Secretary, Department of Commerce and Industries, the Principal Secretary, PWD, KIADB, SLAO, BDA, the Deputy Commissioner and the Tahsildar. Learned Additional Government Advocate submits that the petitioner may be directed to file an application in terms of the provisions of the Karnataka Land Revenue Act, 1964 (for short, 'the Act') addressed to the Tahsildar and if such application is filed, directions may be issued to the Tahsildar to consider the same and pass necessary orders in accordance with law. 4. Accepting the submission of the learned Additional Government Advocate, the writ petition stands disposed of permitting the petitioner to file the necessary application to the concerned Tahsildar requesting for the prayer made before this Court. If such application is made, - 5 - HC-KAR NC: 2025:KHC:29981 WP No. 23129 of 2025 the Tahsildar shall consider the same in accordance with the provisions of the Karnataka Land Revenue Act and taking into consideration the orders passed by this Court, issue notice to the concerned and thereafter pass necessary orders in accordance with law. Ordered 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 List No.: 1 Sl No.: 9 CT:PS