- 1 - HC-KAR NC: 2025:KHC:50171 WP No. 49175 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 49175 OF 2017 (KLR-RES) BETWEEN: 1. MR. K N VIJAYA KUMAR S/O K.NARAYANA BHAT, AGED 52 YEARS 2. PRABHAKAR S/O LATE K.NRAYANA BHAT, AGED 58 YEARS BOTH ARE R/AT URIMAJALU HOUSE POST IDIKIDU, VIA KABAKA BANTWAL TQ, D.K.DISTRICT-574220. …PETITIONERS (BY SRI. N SUKUMAR JAIN, ADVOCATE) AND: 1. STATE OF KARNAAKA BY ITS REVENUE DEPARTMENT, MULTISTOREY BUILDING, BANGALORE-560001. BY ITS SECRETARY. 2. DEPUTY COMMISSIONER MANGALORE, D.K.DISTRICT-575001. 3. TAHSILDAR BANTWAL, D.K.DISTRICT-574219. Digitally signed by JAI JYOTHI J Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50171 WP No. 49175 of 2017 4. MONAPPA GOWDA S/O SUBBA GOWDA, AGED ABOUT YEARS KOLPE HOUSE IDKIDU VILLAGE, BANTWAL TALUK, D.K. …RESPONDENTS (BY SRI. PRASANNA K., ADVOCATE FOR SRI. K.CHANDRANATH ARIGA, ADVOCATE FOR R4 (IMPLEDING APPLICANT)) THIS W.P. FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 TO PASS THE ORDER AS PER THE REPRESENTATION OF THE PETITIONER MARKED AS ANNEXURE-E DTD 11.7.2017 IN TERIMS OF THE LEASE DEED MARKED AS ANNEXURE-A DTD 07.11.1958 EXECUTED BY THE R-3, AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER In this Writ Petition, petitioners are seeking for a writ of mandamus directing respondent No.2-Deputy Commissioner to consider the representation of the petitioners dated 11.07.2017 at Annexure-E for grant of land as per Lease Deed at Annexure-A. 2. The grievance of the petitioners is that they are in possession of land bearing Sy.No.49/2 measuring 2 - 3 - HC-KAR NC: 2025:KHC:50171 WP No. 49175 of 2017 acres 51 cents, Sy.No.53/2A measuring 2 acres 27 cents and Sy.No.115/1A measuring 3 acres 67 cents situated at Idkidu Village, Bantwal Taluk, D.K District (for brevity, "Subject lands") as per Lease Deed dated 07.11.1958 as per Annexure-A. Thereafter, petitioners approached the Deputy Commissioner and Tahsildar repeatedly, for grant, by conducting an enquiry. Despite the repeated approach, the Deputy Commissioner and the concerned authority are failed to consider the representation and finally issued Annexure-H on 16.01.2014 stating that grant of lands as per the Lease Deed is not yet finalized. 3. Learned counsel for the petitioners submits that though 11 years have lapsed after issuing Annexure-H, the Deputy Commissioner has not yet considered the representation. As such, he prays to issue writ of mandamus. 4. Per contra, the learned counsel for respondent No.4 submits that out of the subject lands, respondent - 4 - HC-KAR NC: 2025:KHC:50171 WP No. 49175 of 2017 No.4 has been granted 1 acre 50 cents in the year 2003 and the said order was challenged by the petitioner No.2 before the Deputy Commissioner and the challenge has been rejected by the Deputy Commissioner. 5. Having considered the rival claim, I am of the considered view that, the prayer of the petitioner required to be considered. Accordingly, Writ Petition succeeds. The writ of mandamus issued. The Deputy Commissioner is directed to consider the representation of the petitioners dated 11.07.2017 at Annexure-E in accordance with law by extending opportunity to the petitioners and respondent No.4 within an outer limit of six months from the date of receipt of certified copy of this order. Sd/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 10