Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 68606 (KAR)

SRI THIRUMALAIAH V v. STATE OF KARNATAKA

WP/24248/2024 · 2025-07-30

C M Joshi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:29345-DB WP No. 24248 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 24248 OF 2024 (GM-RES-PIL) BETWEEN: 1. SRI THIRUMALAIAH V, S/O LATE VENKATESHA, AGED ABOUT 28 YEARS, R/O KODIHALLI PALYA, KOTHAGERE HOBLI, KUNIGAL TALUK, TUMKUR-572 120. AADHAR NO. 5730 2014 8998, PAN NO: BCUPT1491F, PH.NO. :9019484979 2. SRI DHANANJAYA K.B, S/O BOREGOWDA, AGED ABOUT 28 YEARS, R/O KODIHALLI PALYA, KOTHAGERE HOBLI, KUNIGAL TALUK, TUMKUR-572 120. AADHAR NO: 7488 4048 6186 PAN NO: EUPPD6466N PH. NO.: 9008231369 3. SRI CHANDRASHEKARA G J, S/O JAYARAMU, AGED ABOUT 29 YEARS, R/O KOTHAGERE HOBLI, KUNIGAL TALUK, KODIHALLIPALYA, TUMKUR-572 120. AADHAR NO: 5834 9947 7678 PAN NO: BUYPC9314A Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29345-DB WP No. 24248 of 2024 PH.NO.: 8105016288 4. SRI CHIKKANNA, S/O GAVISIDDAYYA, AGED ABOUT 62 YEARS, R/O KODIHALLI PALYA, KOTHAGERE HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572 130. AADHAR NO: 4039 4872 3865 PAN NO: BNTPC1774N PH. NO.:7760254995 5. SRI GANGADHARAIAH, S/O BORAIAH, AGED ABOUT 38 YEARS, R/O RAYAGONAHALLI DAKALE, MADIKEHALLI POST, KUNIGAL (RURAL), ERAMESTHREEPALYA, TUMKUR DISTRICT-572 130. AADHAR NO:5665 4123 3548 PAN NO.:CLEPG6258B PH NO.:96329744296 6. SRI RANGANATHA M N, S/O NANJAIAH, AGED ABOUT 53 YEARS, R/O MADIKEHALLI, KOTHAGERE HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572 130. AADHAR NO: 5372 4439 2976, PAN NO: DBPPR0463B PH.NO.: 9741917910 7. SRI RANGAPPA, S/O NAGANNA, AGED ABOUT 51 YEARS, R/O ERAMESTHRIPALYA, KOTTAGERE HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572 130. AADHAR NO: 3505 4112 6508 - 3 - HC-KAR NC: 2025:KHC:29345-DB WP No. 24248 of 2024 PAN NO DWFPR8256D PH. NO.:9964820964 8. SRI CHALUVAMURTHY K C, S/O CHALUVAIAH, AGED ABOUT 49 YEARS, R/O KODIHALLI PALYA, KOTHAGERE HOBLI, BHAKTHARAHALLI POST, KUNIGAL TALUK, TUMKUR DISTRICT-572 120. AADHAR NO: 2725 6761 8760 PAN NO: BLXPC6112J, PH. NO.:9538536997 …PETITIONERS (BY SRI BALAGANGADHAR G S, ADVOCATE) AND: 1. STATE OF KARNATAKA, REP. BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, TUMKUR-572 130. 3. THE ASSISTANT COMMISSIONER, TUMKUR SUB DIVISION, TUMKUR-572 130. 4. THE TAHSILDAR, KUNIGAL TALUK, KUNIGAL, TUMKUR-572 130. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO a) TO GRANT WRIT OF MANDAMUS OR ANY OTHER ORDER OR WRIT DIRECTING THE RESPONDENT REVENUE AUTHORITIES i.e TO THE RESPONDENT No. 4 TAHSILDAR KUNIGAL TALUK TO CONSIDER THE RESPRESENTATIONS GIVEN BY THE PETITIONERS AND OTHER VILLAGERS PRODUCED AT ANNEXURE C DATED 14.09.2023 AND ETC. - 4 - HC-KAR NC: 2025:KHC:29345-DB WP No. 24248 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioners have filed the present petition inter alia, praying as under: "Wherefore the above named Petitioners pray that this Hon'ble Court may be pleased to: "a) Issue a WRIT OF MANDAMUS or any other Order or Writ directing the Respondent Revenue Authorities i.e. to the Respondent No.4 Tahsildar Kunigal Taluk to consider the representations given by the petitioners and other villagers produced at Annexure 'C' dated 14.09.2023; b) Issue a WRIT in the nature of mandamus seeking direction from this Hon'ble Court to direct the Respondents to preserve the land in Sy.No.155 of Vanigere Village, Kottagere Hobli, Kunigal taluk, Tumkur district as Gomal lands; c) Issue a WRIT OF MANDAMUS or any other Order or Writ DIRECTING the Respondents not to grant any land in Sy.No.155 measuring 175 acres of Vanigere Village, Kottagere Hobli, Kunigal taluk, Tumkur - 5 - HC-KAR NC: 2025:KHC:29345-DB WP No. 24248 of 2024 district to any other person thereby depriving the pasturage to the cattle population of the villages namely Vanigere Village, Kothigerehalli, Vanagerehalli, Veera, Kodlihalli Palya, Lankappana Palya, Eremesthri Palya, Madikehalli of Kunigal Taluk, Tumkur district; d) Issue any other writ, order or direction as this Hon'ble Court deems fit and proper under the facts and circumstances of the case in the ends of justice and equity." 2. The petitioners submit that a part of land located in Survey No. 155 of Vanigere Village, Kottagere Hobli, Kunigal Taluk, Tumkur District, has been maintained as 'Gomal lands' for several decades. The petitioners submit that it is essential to ensure that the nature of the lands is preserved for the welfare of the farmers and to ensure that sufficient grazing lands are available for livestock. The petitioners submit that they have also made representations, including representation dated 14.09.2003, annexed to the present petition. The petitioners, seeks that the representations be considered. 3. The learned Additional Government Advocate appearing for the State, submits on instruction that the - 6 - HC-KAR NC: 2025:KHC:29345-DB WP No. 24248 of 2024 representations made by the petitioners and other villagers will be given the consideration that deserve and any decision on the same, will be communicated to the person making the representation of the petitioners. State is to bow down to the said statement. 4. Let the representations be considered in accordance with law, as expeditiously as possible and preferably within a period of two months from date. 5. The petition is disposed of with the aforesaid terms. 6. Pending applications, if any stand disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 43