- 1 - HC-KAR NC: 2025:KHC:41919-DB WA No. 765 of 2025 C/W WA No. 1016 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 765 OF 2025 (KLR-LG) C/W WRIT APPEAL NO. 1016 OF 2025 (KLR-LG) IN WA No. 765/2025 BETWEEN: 1. 1(A) SRI BASAVARAJAPPA S/O.KARIBASAPPA SINCE DECEASED BY HIS LRS SMT.BANDAMMA W/O.LATE BASAVARAJAPPA AGED 69 YEARS NO.151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HOBLI, HONNALI TALUK DAVANGERE DIST-577 216. 1(B) SRI MALLIKARJUNA S/O.LATE BASAVARAJAPPA AGED ABOUT 51 YEARS R/AT NO.151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HBLI, HONNALI TALUK DAVANGERE DIST-577 216 1(C) SMT SUNITHA G.B. W/O.SATHISHAPPA, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41919-DB WA No. 765 of 2025 C/W WA No. 1016 of 2025 AGED ABOUT 47 YEARS, R/AT SYDERAKALLAHALLI VILLAGE SYDARA KALLAHALLI POST' BHADRAVATHI TALUK SHIMOGA DIST-577 243 1(D) SRI RUDRESHA S/O LATE BASAVARAJAPPA AGED ABOUT 49 YEARS R/AT NO.151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HOBLI, HONNALI TALUK DAVANGERE DIST.-577 216. 1(E) SMT.RAJESHWARI W/O.RAMESHAPPA AGED 42 YEARS, R/AT AREHALLI VILLAGE, BASAVANAHALLI POST NYAMATHI TALUK DAVANGERE DIST.-577 216. …APPELLANTS (BY SRI. A. NAGARAJAPPA, ADVOCATE) AND: 1. THE TAHSILDAR TALUK OFFICE, HONNALI TALUK DAVANGERE DISTRICT 2. THE ASSISTANT COMMISSIONER DAVANGERE SUB-DIVISION DAVANGERE CITY DAVANGERE-577 001. 3. THE DEPUTY COMMISSIONER DAVANGERE DISTRICT DAVANGERE-577 001. 4. THE STATE OF KARNATAKA BY ITS SECRETARY TO THE - 3 - HC-KAR NC: 2025:KHC:41919-DB WA No. 765 of 2025 C/W WA No. 1016 of 2025 DEPARTMENT OF REVENUE VIDHANA VEEDHI BANGALORE-560 001. 5. SRI ASHWATHKUMAR S/O.SIDDAMAPPA AGED ABOUT 57 YEARS HALE MALALI VILLAGE HONNALI TALUK, DAVANGERE DISTRICT DAVANGERE-577 217. 6. SMT.GIRIJAMMA W/O.LATE KARIYAPPA AGED ABOUT 82 YEARS HOSAMALALI VILLAGE, GOVINKOVI HOBLI HADONAHALLI POST, HONNALI POST, HONNALI TALUK DAVANGERE DIST.-577 216 7. SRI SURESH S/O.LATE KARIYAPPA AGED ABOUT 66 YEARS R/AT HOUSE NO.181/0, DEEPAK NIVAS, KONONDASPURA PRERANA HIGH SCHOOL ROAD DEEPAK NAGAR POST BENGALURU-560 049. 8. SMT KARIBASAMMA W/O HANUMANTHAPPA AGED ABOUT 57 YEARS BHANUVALLI VILLAGE AND POST HARIHARA TALUK DAVANGERE DIST.-577 516. 9. SMT.KAVITHA W/O RAMESHAPPA AGED ABOUT 47 YEARS - 4 - HC-KAR NC: 2025:KHC:41919-DB WA No. 765 of 2025 C/W WA No. 1016 of 2025 MANGOTE VILLAGE SANYASI KODAMAGEE POST BHADRAVATHI TALUK SHIVAMOGGA DIST-577 243. …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1-R4, SRI. G. LAKSHMEESH RAO, ADVOCATE FOR R5, SRI. PRABHAKAR L SHETTY, ADVOCATE FOR R7 TO R9 R6-SERVED, UNREPRESENTED) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE IN WP No. 19755/2013 DATED 21.04.2025, IN THE INTEREST OF JUSTICE AND EQUITY. IN WA NO. 1016/2025 BETWEEN: 1. 1(A) SRI BASAVARAJAPPA S/O.KARIBASAPPA SINCE DECEASED BY HIS LRS SMT.BANDAMMA W/O.LATE BASAVARAJAPPA AGED 57 YEARS NO.151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HOBLI, HONNALI TALUK DAVAGERE DIST-577 216. 1(B) SRI MALLIKARJUNA S/O.LATE BASAVARAJAPPA AGED ABOUT 51 YEARS R/AT NO.151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST G OVINAKERE HBLI, HONNALI TALUK DAVANGERE DIST-577 216. - 5 - HC-KAR NC: 2025:KHC:41919-DB WA No. 765 of 2025 C/W WA No. 1016 of 2025 1(C) SMT SUNITHA G.B. W/O.SATHISHAPPA, AGED ABOUT 47 YEARS, R/AT SYDERAKALLAHALLI VILLAGE S YDARA KALLAHALLI POST' BHADRAVATHI TALUK SHIMOGA DIST-577 243 1(D) SRI RUDRESHA S/O LATE BASAVARAJAPPA AGED ABOUT 49 YEARS R/AT NO.151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HOBLI, HONNALI TALUK DAVANGERE DIST.-577 216. 1(E) SMT.RAJESHWARI W/O.RAMESHAPPA AGED 42 YEARS, R/AT AREHALLI VILLAGE, BASAVANAHALLI POST NYAMATHI TALUK DAVANGERE DIST.-577 216. ...APPELLANTS (BY SRI. A. NAGARAJAPPA, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER DAVANGERE DISTRICT DAVANGERE-577 001. 2. THE ASSISTANT COMMISSIONER DAVANGERE SUB-DIVISION DAVANGERE CITY DAVANGERE-577 001. 3. THE TAHSILDAR TALUK OFFICE, HONNALI TALUK DAVANGERE DISTRICT - 6 - HC-KAR NC: 2025:KHC:41919-DB WA No. 765 of 2025 C/W WA No. 1016 of 2025 4. SRI ASHWATHKUMAR S/O SIDDAMAPPA AGED ABOUT 57 YEARS HALE MALALI VILLAGE HONNALI TALUK, DAVANGERE DISTRICT DAVANGERE5-77 217. 5. 5(A) KARIYAPPA SINCE DECEASED BY LRS SMT.GIRIJAMMA W/O.LATE KARIYAPPA AGED ABOUT 82 YEARS HOSAMALALI VILLAGE GOVINKOVI HOBLI HADONAHALLI POST, HONNALI POST, HONNALI TALUK DAVANGERE DIST.-577216. 5(B) SRI SURESH S/O.LATE KARIYAPPA AGED ABOUT 66 YEARS R/AT HOUSE NO.181/0, DEEPAK NIVAS, KONONDASPURA PRERANA HIGH SCHOOL ROAD DEEPAK NAGAR POST BENGALURU-560 049. 5(C) SMT KARIBASAMMA W/O HANUMANTHAPPA AGED ABOUT 57 YEARS BHANUVALLI VILLAGE AND POST HARIHARA TALUK DAVANGERE DIST.-577 516 5(D) SMT.KAVITHA W/O RAMESHAPPA AGED ABOUT 47 YEARS MANGOTE VILLAGE - 7 - HC-KAR NC: 2025:KHC:41919-DB WA No. 765 of 2025 C/W WA No. 1016 of 2025 SANYASI KODAMAGEE POST BHADRAVATHI TALUK SHIVAMOGGA DIST-577 243 ...RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1-R3, SRI. G. LAKSHMEESH RAO, ADVOCATE FOR R4, SRI. PRABHAKAR L SHETTY, ADVOCATE FOR R5(B,C,D)) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE IN WP No-48032/2012 GRANTING LANDS ONLY 0.10 GUNTAS IN SURVEY No-44 MALALI VILLAGE INSTEAD OF 1 ACRES 20 GUNTAS AND ALLOW THIS APPEAL IN THE INSTEAD OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeals have been filed by the legal heirs of the late Basavarajappa. 2. The dispute relates to 3 acres of land in Sy.No.44 of Malali village, Honnali Taluk, Davanagere District. On 12.11.1982, the Land Grant Committee has recommended to grant 3 acres of land to one - 8 - HC-KAR NC: 2025:KHC:41919-DB WA No. 765 of 2025 C/W WA No. 1016 of 2025 A.G. Sidaramappa on the ground that he had lost his land due to submersion in Shanthisagar Tank. On 31.05.1983, pursuant to the enquiry, the aforesaid 3 acres of land was granted in favour of A.G.Siddaramappa. However, on 07.10.1985, the grant made in favour of A.G. Siddaramappa was cancelled on challenge made to the grant by late Basavarajappa and late Kariyappa. The said order of cancellation was also confirmed by the Deputy Commissioner. 3. The Karnataka Appellate Tribunal set aside the order passed by the Deputy Commissioner and remanded the matter back to the Assistant Commissioner. 4. On remand, the Assistant Commissioner by the order dated 05.03.1991 rejected the claim made by A.G. Siddaramappa and the said order came to be confirmed by the Deputy Commissioner on 05.06.1997. Aggrieved by the aforesaid two orders passed by the Assistant Commissioner and Deputy Commissioner, - 9 - HC-KAR NC: 2025:KHC:41919-DB WA No. 765 of 2025 C/W WA No. 1016 of 2025 Mr. A.G. Siddaramppa filed Writ Petition No.23104/1997, which stood allowed by the learned Single Judge by judgment dated 26.08.1997. 5. After the learned Single Judge allowed the writ petition, the Assistant Commissioner remanded the matter back to the Tahsildar and on remand, the Tahsildar rejected the claim of A.G.Siddaramppa and granted 1 acre 20 gunats of the aforesaid land in favour of late Kariyappa. The said order was challenged by A.G. Siddarammappa and the present appellant late Basavarajappa, predecessor-in-interest of the appellant before the Assistant Commissioner. The Assistant Commissioner, by order dated 10.09.2001, confirmed the grant of 1 acre 20 guntas of land in favour of late Kariyappa. The Assistant Commissioner also recorded that the late Basavarajappa is in possession of only 10 guntas of land and therefore the Assistant Commissioner proceeded to grant only an extent of 10 guntas of land in favour of late Basavarajppa. Being aggrieved by the said order passed by the Assistant - 10 - HC-KAR NC: 2025:KHC:41919-DB WA No. 765 of 2025 C/W WA No. 1016 of 2025 Commissioner, A.G.Siddaramappa, as well as Basavarajappa preferred appeals before the Deputy Commissioner and the Deputy Commissioner had dismissed the appeals by order dated 13.11.2002. The revision preferred by A.G.Siddaramappa and Basavarajappa also came to be dismissed by the Karnataka Appellate Tribunal. 6. Challenging the said order passed by the Assistant Commissioner, Deputy Commissioner and Karnataka Appellate Tribunal, A.G.Siddaramappa and Basavarajappa had filed writ petition, which stood allow by the learned Single Judge by judgment dated 21.04.2025. 7. The appellant's claim that he was in possession of 1 acre 20 guntas of land has not been found favoured by three authorities on concurrent finding of fact that given by the learned Single Judge. Even otherwise the Appellant's claim of right over 1 acre 20 guntas is not supported by any grant made by the government or any - 11 - HC-KAR NC: 2025:KHC:41919-DB WA No. 765 of 2025 C/W WA No. 1016 of 2025 other record, except for some entries made in the revenue records. It is well settled that the entries made in the revenue record do not confront title over the land. The appellant claims that the appellant was in possession of the land of 1 acre 20 guntas for fairly long time would not vest in him any right, title and interest inasmuch as his best claim is of adverse possession and it is well settled that no plea of adverse possession is maintainable against the government land. The Assistant Commissioner on spot inspection has found that only 10 guntas of land was in possession of the appellant. 8. We find no reason to disturb such finding of fact which has been confirmed by the three authorities and by the learned Single Judge. When the appellant does not have any right, title, interest over the land of 1 acre 10 guntas, he cannot challenge that the land granted in favour of A.G.Siddaramappa as illegal. He is concerned with the interest over the land and that has not found favoured by the three authorities and the learned Single - 12 - HC-KAR NC: 2025:KHC:41919-DB WA No. 765 of 2025 C/W WA No. 1016 of 2025 Judge on facts. We find no reason to interfere with the impugned judgment and order passed by the learned Single Judge and therefore, we dismiss these appeals. SD/- (D K SINGH) JUDGE SD/- (RAJESH RAI K) JUDGE CR/List No.: 1 Sl No.: 0