- 1 - HC-KAR NC: 2025:KHC:32802 WP No. 1390 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 1390 OF 2023 (KVOA) BETWEEN: SRI B.NARAYANASWAMY, S/O LATE CHIKKAMUNIYAPPA, AGED ABOUT 60 YEARS, R/AT GORAVIKERE VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK. …PETITIONER (BY SRI T.SESHAGIRI RAO, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REPRESENTED ITS SECRETARY, M.S BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, BEERASANDRA VILLAGE, CHAPPARADAKALLU KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 3. THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB DIVISION, AT DODDABALLAPURA, BENGALURU RURAL DISTRICT - 562 129. Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32802 WP No. 1390 of 2023 4. 5. THE TAHSILDAR, HOSAKOTE, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT - 562 129. SRI S.MUNISWAMY, S/O LATE SADAPPA, AGED ABOUT 48 YEARS, R/AT NO. 180, BELATHUR COLONY, BELATHUR, BIDARAHALLI HOBLI, BENGALURU EAST TALUK - 560 067. THE RESPONDENT NO.5 PRESENTLY R.AT NO. 207, PRESTIGE FALMS, ECC ROAD, NEAR G.R.TECH PARK, KADUGODI, WHITEFIELD, BANGALORE - 560 066. …RESPONDENTS [BY SRI BHOJE GOWDA T. KOLLER, AGA FOR R1 TO R4 SRI N.R.NAIK, ADVOCATE FOR R5 (AB)] THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD 22.12.2022 ONE ISSUED BY THE R-4 VIDE ANNEXURE-P AND TO ISSUE NECESSARY DIRECT TO THE R-4 TO INITIATE EVICTION PROCEEDINGS AGAINST THE R-5 AND TO PASS APPROPRIATE ORDER TO PUT THE PETITIONER IN POSSESSION OF THE SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR FURTHER DICTATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI - 3 - HC-KAR NC: 2025:KHC:32802 WP No. 1390 of 2023 ORAL ORDER This writ petition is filed seeking following reliefs: (i) Issue a writ of certiorari or any other writ or order of direction for quashing of impugned Endorsement dated 22.12.2022 one issued by fourth respondent found at Annexure-P to writ petition. (ii) And to issue necessary direction to fourth respondent to initiate eviction proceedings against fifth respondent and to pass appropriate order to put petitioner in possession of schedule property etc. 2. Sri Sunil S. Rao, learned counsel for Sri T. Sheshagiri Rao, advocate appearing for petitioner submitted, without detailed examination of facts or all grounds urged, writ petition could be disposed of on short ground. 3. It was submitted, land bearing Sy.no.402, totally measuring 5 Acres 3 guntas including 2 guntas of kharab land situated at Amanidoddakere village, Kasaba Hobli, Hosakote Taluk, Bengaluru Rural District, was service Inam land attached to office of Neeraganti of Amanidoddakere village, Hosakote Taluk. It was submitted, Sri Muniga son-in-law of Sri Papa; - 4 - HC-KAR NC: 2025:KHC:32802 WP No. 1390 of 2023 Sri Gidda son of Sri Munishama; Sri Kakuvonu son of Guruva; Sri Naga son of Mudda and Sri Muniswamy son of Munimudda, were office holders of Neeraganti of Amanidoddakere village. It was submitted, Muniga had no male issues. After his death, his brother by name Chikkamuniyappa was discharging duties of Neeraganti. But even he had no issue and therefore fostered petitioner as his son. 4. On 10.08.1987, Chikkamuniyappa executed registered Will declaring petitioner as his legatee. It was submitted, after death of Chikkamuniyappa on 05.12.1987, petitioner succeeded to his properties. It was submitted, office holders of Neeraganti of Amanidoddakere village namely, Sri G. Ramaiah son of Giddappa, Kannamangala; Sri Thayappa son of Narasappa, Kaji Sonnenahalli; Sri Muneppa son of Muddappa, Chikkegenahalli; Smt.Pujamma wife of late Munishamappa, Kannamangala; Sri Muniswamappa @ Jalappa, Goravigere; Sri Chikkakakappa, Doddakakappa and Gullappa, Kaji Sonnenahalli; Sri Muniyappa @ Gullappa, Annappa, Munigirappa, Muniyappa @ Smt.Nagamma, Chikkagatiganabbe; Sri Nagappa, Kadirappa, Kaji Sonnenahalli and - 5 - HC-KAR NC: 2025:KHC:32802 WP No. 1390 of 2023 Sri Chikkamuniyappa brother of Muniga son-in-law of Papa, Goravigere, had filed application for re-grant of office property including land in Sy.no.402 of Amanidoddakere village, before Assistant Commissioner, Hosakote, under provisions of Karnataka Village Offices Abolition Act ('KVOA Act', for short). It was submitted, said application culminated in order dated 11.03.1988 by Tahsildar, Hosakote, as per Annexure-H. It was submitted, while passing said order, Tahsildar had concluded that alienation of land in Sy.no.402 was illegal and purchasers required to be evicted. Said order had become final. 5. But, when steps for eviction were not taken and petitioner filed application for same as per Annexure-N on 30.09.2022, impugned endorsement dated 22.12.2022 as per Annexure-P, directing petitioner to approach appellate authorities he was not empowered for declaring alienation and mutation as illegal. It was submitted, earlier Tahsildar himself had concluded that alienation insofar as Sy.no.402 of Amanidoddakere village, was in violation of KVOA Act and purchasers were required to be evicted, and in view of Notification no.RD 415 MNS 79, dated 23.02.1994, delegating - 6 - HC-KAR NC: 2025:KHC:32802 WP No. 1390 of 2023 power of eviction under Section 7 of KVOA Act, from Deputy Commissioner to Tahsildar, endorsement requiring petitioner to approach Appellate Authority for such eviction was not justified and therefore sought for quashing of same. 6. On other hand, Sri. Bhojegowda T. Koller, learned Additional Government Advocate for respondents no.1 to 4 opposed writ petition. 7. Heard learned counsel and perused writ petition record. 8. From above, it is seen that petitioner is aggrieved by endorsement/refusal by Tahsildar - respondent no.4 refusing to accept petitioner's request for eviction of purchasers as per order dated at Annexure-H and directing petitioner to approach Appellate Authority. 9. Perusal of order at Annexure-H would reveal that respondent no.4 - Tahsildar, after detailed enquiry of application for re-grant, had concluded that alienation of land in Sy.no.402 was illegal and purchasers were required to be evicted. Said order is stated to have attained finality. - 7 - HC-KAR NC: 2025:KHC:32802 WP No. 1390 of 2023 Thereafter, when petitioner submitted representation at Annexure-N for enforcement of direction and respondent no.4 referred to order at Annexure-H regarding need for eviction of purchasers. If it is so, there would be no need for petitioner to approach Appellate authority as Competent Authority for eviction/resumption would be Tahsildar himself. 10. Therefore, writ petition is allowed. Impugned endorsement dated 22.12.2022 issued by respondent no.4 at Annexure-P would not sustain and is accordingly quashed. Respondent no.4 is directed to take steps for eviction of respondent no.5 in pursuance of order at Annexure-H, within six months from date of receipt of certified copy of this order. Sd/- (RAVI V HOSMANI) JUDGE Psg/GRD List No.: 1 Sl No.: 26