- 1 - HC-KAR NC: 2025:KHC:29549 WP No. 20858 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 20858 OF 2025 (LB-RES) BETWEEN: 1. NAGARAJA S.R. S/O S RUDRAIAH, AGED ABOUT 53 YEAR 2. SMT. SAHANA B.M. W/O NAGARAJA S.R. AGED ABOUT 49 YEARS PETITIONER NOs.1 & 2 ARE R/OF 'SADHANE', MAIN ROAD SANTEBENNURU CHANNAGIRI TALUK DAVANAGERE DISTRICT-577 002. 3. CHAITANYA TRUST (R) NAGENAHALLI ROAD SANTEBENNURU CHANNAGIRI TALLUK-577 002. REP. THROUGH ITS SECRETARY SMT. SAHANA B.M. W/O NAGARAJA S.R. AGED ABOUT 49 YEARS 4. THE HEAD MASTER CHAITANYA GURUKULA VIDYA SAMSTE(R) NAGENAHALLI ROAD SANTEBENNURU CHANNAGIRI TALLUK-577 002. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29549 WP No. 20858 of 2025 REP BY ITS HEAD MISTRESS SMT. AMBIKA G.V. W/O SHARANABASAPPA AGED ABOUT 42 YEARS BEING THE HEAD MASTER R/AT DODDA ABBIGERE CHANNAGIRI TALLUK DAVANAGERE DISTRICT-577 235. …PETITIONERS (BY SRI. SARVAMANGALA C., ADVOCATE FOR SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATHRAJ M. S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU-560 001. 2. THE CHIEF EXECUTIVE OFFICER DAVANAGERE ZILLA PANCHAYAT DAVANAGERE-577 002. 3. THE TALUK EXECUTIVE OFFICER DAVANAGERE TALLUK PANCHAYAT DAVANGERE-577 001. 4. THE PANCHAYAT DEVELOPMENT OFFICER SANTEBENNURU VILLAGE PANCHAYATH DAVANAGERE TALLUK DAVANAGERE DISTRICT-577 552. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1; SRI. N.R.JAGADEESWARA, ADVOCATE FOR R2 TO R4) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE NOTICE ISSUED BY RESPONDENT NO.4 DATED 15-05-2025 - 3 - HC-KAR NC: 2025:KHC:29549 WP No. 20858 of 2025 PRODUCED AT ANNEXURE-K, AND PRAYED FOR DIRECTIONS TO RESPONDENT NO.4 TO RESTORE THE E-SWATTU OF PETITIONER NO.4 SCHOOL TILL APPROVAL OF SINGLE LAYOUT PLAN, AND PRAY FOR PASS ANY DIRECTIONS UPON THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER This Court in W.P.No.6023/2020 set aside the Single Layout Plan approved by the authorities in respect of 24 guntas of land in Sy.No.87/5 of Santebennuru Village, Santebennuru Grama Panchayath, Channagiri Taluk. The petitioners by virtue of the Single Layout Plan intended to construct a school on the property. On the ground of the order being passed in W.P.No.6023/2020, respondent No.4 by a notice dated 15.05.2025 (Annexure-K to the writ petition) has cancelled e- swattu and the licence approving Single Layout Plan. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioners is that the effect of the order passed in W.P.No.6023/2020 is that the Single Layout Plan granted in favour of the petitioners has been cancelled. - 4 - HC-KAR NC: 2025:KHC:29549 WP No. 20858 of 2025 However, it does not authorise respondent No.4 to cancel e- swattu (khatha) granted in favour of the petitioners regarding the property concerned. 3. The learned counsel for respondent No.5 upon instruction submits that the impugned notice is issued pursuant to the order passed by this Court in W.P.No.6023/2020. 4. Perusal of the order passed in W.P.No.6023/2020 reveals that the single layout plan in respect of 24 guntas of land in Sy.No.87/5 of Santebennuru Village has been cancelled. That does not mean that the ownership of the property has changed or the khatha standing in the name of the owner needs to be suspended. It does not authorise respondent No.5 to cancel the katha or e-swattu in respect of the property concerned. It means, the petitioners or such other owners of the property can develop the same only after obtaining a valid sanction plan in accordance with law. Hence, the following: ORDER (i) The impugned notice dated 15.05.2025 passed by respondent No.4 insofar as it relates to cancelling - 5 - HC-KAR NC: 2025:KHC:29549 WP No. 20858 of 2025 of e-swattu bearing No.151200104900120583 in respect of 24 guntas of land in Sy.No.87/5 of Santebennuru Village, is hereby set aside; (ii) However, the cancellation of license granted in favour of the petitioners in respect of the plan sanctioned is upheld; (iii) The writ petition is disposed of accordingly. In view of disposal of main petition, I.A.No.1/2025 is dismissed. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 32