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2025 DAILYLAW 70397 (KAR)

SRI GURAPPA v. STATE OF KARNATAKA

WP/25825/2025 · 2025-09-10

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35826 WP No. 25825 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 25825 OF 2025 (KLR-RES) BETWEEN: SRI. GURAPPA S/O LATE MUNISHAMAPPA AGED ABOUT 70 YEARS R/AT SUNNAGHATAHALLI VILLAGE, TUBAGARE HOBLI, DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT - 561 205. …PETITIONER (BY SRI. CHOKKA REDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA UNDER SECRETARY REVENUE DEPARTMENT M.S.BUILDING AMBEDKAR VEEDHI BANGALORE - 560 001. 2. THE TAHSILDAR DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT - 561 205 3. SECRETARY OF REGULARIZATION OF UNATUTHORIZED OCCUPATION COMMITTEE DODDABALLAPURA TALUK Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35826 WP No. 25825 of 2025 BANGALORE RURAL DISTRICT - 561 205 4. THE CHAIRMAN LAND GRANT COMMITTEE FOR UNAUTHORISED OCCUAPTION DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT - 561 205 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING ANNX-A ORDER DTD 16.9.2016 PASSED BY THE R-3 AND 4 REJECTING THE APPLICATION FILED BY THE PETITIONER DTD 24.11.1998 BY REASON THAT THE PROPERTY COMES UNDER THE RADIATION OF 5 KMS OF CITY MUNICIPAL COUNCIL OF DODDABALLAPURA BY ALLOWING THE WP AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, 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:35826 WP No. 25825 of 2025 2. Learned counsel for the petitioner submits that the petitioner was earlier before this Court in W.P.No.13908/2025 seeking a writ of mandamus directing the respondents to consider the application filed by the petitioner on 24.11.1998 for regularization of 1 acre of land in Survey No.42/2011, Karanala Village, Tubagere Hobli, Doddaballapura Taluk. However, the learned AGA submitted before this Court that the application filed by the petitioner had been rejected long ago. Accordingly, the petition was dismissed, reserving liberty to the petitioner to take recourse in accordance with law. Learned counsel submits that this writ petition has been filed accordingly. 3. Learned AGA, however, raises an objection that in accordance with law would mean to raise a challenge to the order of rejection and not by filing a writ petition. 4. Upholding the submissions made by the learned AGA, the writ petition stands disposed of, reserving liberty to the petitioner to raise a challenge to the order of - 4 - HC-KAR NC: 2025:KHC:35826 WP No. 25825 of 2025 rejection in a manner known to law, i.e., by filing an appeal before the Assistant Commissioner. 5. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks. Ordered accordingly. Sd/- (R DEVDAS) JUDGE GJM List No.: 1 Sl No.: 6 CT: BHK