- 1 - HC-KAR NC: 2025:KHC:26941 WP No. 4364 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 4364 OF 2025 (KLR-RES) BETWEEN: SMT.S.N.SUMA, D/O LATE. S.N. SHASTHRI @ NANJUNDASHASTHRI AGED ABOUT 65 YEARS, R/AT. NO. 1015/59, 6TH CROSS, 1ST MAIN, BSK 1ST STAGE, 2ND BLOCK, BANGALORE 5600 50. …PETITIONER (BY SRI.H.C.SHIVARAMU, ADVOCATE FOR SRI.RAVISHANKAR.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE BY ITS SECRETARY VIDHANA SOUDHA BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT ADMINISTRATIVE OFFICE KUNDANA, DEVANAHALLI, BANGALORE RURAL DISTRICT-562 110. 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26941 WP No. 4364 of 2025 DODDABALLAPURA, BANGALORE RURAL DISTRICT-561 203. 4. THE TAHSILDAR HOSAKOTE TALUK, HOSAKOTE, BANGALORE RURAL DISTRICT-562 114. …RESPONDENTS (BY SMT.NAVYA SHEKHAR, AGA) THIS WRIT PETITION IS FILED UNDER ARCTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN RESPECT OF LAND BEARING SY.NO. 9 SITUATED AT JODI VANAMANAHALLI VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK MEASURING AN EXTENT OF 10A- 36GS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, petitioner sought for direction to consider the representation dated 18.10.2023 at Annexure-E. - 3 - HC-KAR NC: 2025:KHC:26941 WP No. 4364 of 2025 3. Sri.H.C.Shivaramu, learned counsel appearing for the petitioner submitted that, the father of the petitioner herein has executed a registered Gift Deed dated 08.08.1957 for a charitable purpose, Bhoodan (land donation) and Vidyadan (donation for education) by inviting the attention of the Court to Annexure - C - Gift Deed. 4. It is contended by the learned counsel appearing for the petitioner that the said land has been gifted for a specific condition for construction and utilizing the land for the purpose of education (i.e., establishing a Kannada medium school), however, the respondent- authorities have not taken a decision in the matter, nor the school has been constructed as on today. The land in question is vacant and therefore, he invited the attention of the Court to clause 2 of the Gift deed dated 08.08.1957 (Annexure - C) and accordingly submitted that there is no impediment for respondent No.2 to return the land in favour of the petitioner herein, as the object for which the - 4 - HC-KAR NC: 2025:KHC:26941 WP No. 4364 of 2025 land has been donated to the respondents has not been accomplished. Accordingly, sought for direction to the respondent No.2 to take decision on the representation dated 18.10.2023. 5. Per contra, Smt.Navya Shekar, learned Additional Government Advocate submitted that since the land in question has been granted for charitable purposes, the same cannot be returned to the daughter of the Donor - (Late. S.N.Shasthri alias S. Nanjunda Shasthri). Accordingly, sought for dismissal of the writ petition. 6. In light of the submissions made by the learned counsel appearing for the parties, on careful examination of clause 2 of the Gift Deed dated 08.08.1957 (Annexure - C) reads as under: "2. whereas without Prejudice to the right and ownership of the schedule property in the donor if the schedule land is not utilise as per the property the donor is reserve liberty to seek written back the or position of the schedule property." - 5 - HC-KAR NC: 2025:KHC:26941 WP No. 4364 of 2025 7. On careful examination, the Gift Deed makes it clear that, the land in question has been donated to the respondent government for the purpose of construction of the school, taking into consideration the movement in Bhoodan and Vidyadan for educational institutions. In that view of the matter, as it is contended by the learned counsel appearing for the petitioner that the land has not been utilized by the respondent-authorities and no construction of the school has been commenced for nearly 7 decades and therefore, I found force in the submission made by the learned counsel appearing for the petitioner, to direct the respondent No.2 to take decision in the matter, by making spot inspection and in the event if the land in question is vacant as on the date. The spot inspection, to be made within six weeks from the receipt of this order. Respondent No.2 shall take decision in the matter, taking into consideration, clause 2 of the Gift Deed at Annexure - C in the writ petition. - 6 - HC-KAR NC: 2025:KHC:26941 WP No. 4364 of 2025 8. In that view of the matter, the direction is issued to the respondent No.2 to conduct a spot inspection insofar as the land in question is concerned and take decision in the matter in terms of clause 2 of the Gift Deed produced at Annexure - C at the earliest. 9. Accordingly, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE BKN List No.: 1 Sl No.: 56