- 1 - HC-KAR NC: 2025:KHC:44433 WP No. 13387 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 13387 OF 2024 (LR) BETWEEN: 1. N. RAMASWAMY REDDY S/O LATE B.T. NANJUNDA REDDY, AGED ABOUT 71 YEARS, R/AT NANDA GOKULA, 4TH CROSS, GOWRAMMA LAYOUT, TEACHERS COLONY, ANEKAL ROAD, CHANDAPURA, ANEKAL TALUK, BENGALURU - 560 099 … PETITIONER (BY SRI. SHOWRI H R., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU DISTRICT KANDAYA BHAVAN, K.G.ROAD, BENGALURU - 560 009. Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44433 WP No. 13387 of 2024 3. CHIEF EXECUTIVE OFFICER JILLA PANCHAYAT BENGALURU BANASHANKARI BENGALURU - 560 050. 4. DEPUTY DIRECTOR OF LAND RECORDS OFFICE OF THE DEPUTY COMMISSIONER, KANDAYA BHAVAN, K.G.ROAD, BENGALURU - 560 009. 5. ASSISTANT COMMISSIONER BENGALURU SOUTH DIVISION, KANDAYA BHAVAN, K.G.ROAD, BENGALURU - 560 009. 6. TAHSILDAR ANEKAL TALUK, ANEKAL - 562 106. 7. ASSISTANT DIRECTOR OF LAND RECORDS ANEKAL TALUK ANEKAL - 562 106. 8. PANCHAYAT DEVELOPMENT OFFICER NERALURU VILALGE PANCHAYAT NERALURU, ANEKAL TALUK BENGALURU - 562 107. … RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1 TO R2, R4 TO R7; SRI M.S. PRAKASH, ADVOCATE FOR R8) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 12.07.2022 PASSED BY THE RESPONDENT NO. 2 IN LND (A) CR/137/22-23 IS PRODUCED HEREWITH AS ANNEXURE-E AS ILLEGAL AND ETC. - 3 - HC-KAR NC: 2025:KHC:44433 WP No. 13387 of 2024 THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for setting aside of the order at Annexure-'E' dated 12.07.2022, whereby the Deputy Commissioner has reserved an extent of 2 Acres 10 Guntas of land in Survey No. 36 of Bandiganahalli Village, Attibele Hobli, Anekal Taluk for the purpose of Solid Waste Management Plant to be set up by the Grama Panchayat. 2. The case of the petitioner is that the petitioner had filed an application before the Land Tribunal, Anekal claiming confirmation of occupancy rights in the case bearing No.INA/CR/215/97-98. The petitioner's father had claimed grant of occupancy rights under the provisions of Mysore Inams (Personal and Miscellaneous) Abolition Act, 1954. The said application came to be allowed by the - 4 - HC-KAR NC: 2025:KHC:44433 WP No. 13387 of 2024 Tribunal by order dated 11.04.2007, which aspect is a matter of record and not in dispute. 3. It is the contention of the petitioner that, when an extent of 2 Acres 24 Guntas of land in Survey No. 36 has been granted in his favour, the same extent of land has now been reserved in terms of the order at Annexure-'E' dated 12.07.2002 by the Deputy Commissioner, which is impermissible. 4. Learned Additional Government Advocate appearing for the respondent State upon instructions submits that there appears to be an overlap of reserving the land in favour of Grama Panchayath when the very same land was granted to the petitioner in terms of the order at Annexure-'A'. In light of such stand of the respondent-State, the confirmation of right under Annexure-'A' with respect to an extent of 2 Acres 24 Guntas in Survey No. 36 could not have been altered by - 5 - HC-KAR NC: 2025:KHC:44433 WP No. 13387 of 2024 reservation in favour of the Panchayath as per the order at Annexure-'E'. 5. Accordingly, on the sole ground that Annexure-'E' could not have been passed ignoring the rights of petitioner at Annexure-'A', the order at Annexure-'E' dated 12.07.2022 passed by the Deputy Commissioner is set aside. 6. Needless to state that it is for respondent No.8 to make a request for reserving of alternate land which may be considered by the Deputy Commissioner in public interest. Consequently, the change in revenue entries pursuant to the order at Annexure-'E' needs to be reversed restoring the revenue entries in the name of the petitioner in terms of the order at Annexure-'A'. Accordingly, the petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR