- 1 - HC-KAR NC: 2025:KHC:44569-DB WA No. 9 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 9 OF 2025 (KLR-LG) BETWEEN: 1. SRI ARCHAK SHAMANNA S/O. LATE SRI. ARCHAK SHESHAPPA, AGED ABOUT 85 YEARS, SINCE DECEASED BY HIS LRS., SRI. RAJU, S/O LATE SRI. SHAMANNA, AGED ABOUT 41 YEARS, 2. SRI. SHESHAPPA. S S/O. LATE SRI. SHAMANNA, AGED ABOUT 40 YEARS, 3. SMT. SUJATHA D/O. LATE SRI. SHAMANNA, AGED ABOUT 35 YEARS, 4. ARCHAK ANJANAMURTHY S/O. LATE SRI. SHAMANNA, AGED ABOUT 45 YEARS, THE APPELLANTS ARE RESIDING AT THIPPAPURA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT, PIN CODE-561 203. …APPELLANTS (BY SRI. B K CHANDRASHEKAR, ADVOCATE) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44569-DB WA No. 9 of 2025 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, VISVESHWARAIAH CENTRARY BUILDING, DR. AMBEDKAR VEEDI, BANGALORE-560 001. 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA-561 203, BANGALORE RURAL DISTRICT. 4. THE TAHASILDAR DODDABALLAPURA-561 203, BANGALORE RURAL DISTRICT. 5. SRI. NARASHIMAMURTHY REVENUE INSPECTOR OF VEERAPURA CIRCLE, OFFICE OF THE TAHASILDAR, DODDABALLAPURA TALUK, OFFICES COMPLEX, DODDABALLAPURA-561 203, BANGALORE RURAL DISTRICT. 6. THE VILLAGE ACCOUNTANT OF MAJARE HOSAHALLI OFFICE OF THE TAHASILDAR, DODDABALLAPURA TALUK, OFFICES COMPLEX, DODDABALLAPURA-561 203, BANGALORE RURAL DISTRICT. 7. THE TALUK SURVEYOR OFFICE OF THE TAHASILDAR, DODDABALLAPURA TALUK, - 3 - HC-KAR NC: 2025:KHC:44569-DB WA No. 9 of 2025 OFFICES COMPLEX, DODDABALLAPURA-561 203, BANGALORE RURAL DISTRICT. 8. THE CHAIRMAN LAND GRANT COMMITTEE, TALUK OFFICES COMPLEX, DODDABALLAPURA-561 203, BANGALORE RURAL DISTRICT. …RESPONDENTS (BY SRI. K.S. HARISH, GA) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 02.12.2024 PASSED IN W.P No. 36920 OF 2017 (KLR- LG) BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT AND CONSEQUENTIALLY, ALLOW THE WRIT PETITION AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellants have filed the present appeal impugning an order dated 02.12.2024 passed by the learned Single Judge in W.P. No.36920/2017 (KLR – LG)1[impugned order]. 1 NC:2024:KHC:49341 - 4 - HC-KAR NC: 2025:KHC:44569-DB WA No. 9 of 2025 2. The appellants had filed the aforementioned writ petition inter alia, praying that directions be issued to the respondents to grant land measuring 5 acres in Survey No. 96, out of 28 acres which are clear and vacant ready for disposal, or grant 5 acres 3 guntas of vacant land out of Sy.No.34 situated in Thippapura Village, Kasaba Hobli, Doddaballapura Taluk in the District of Bangalore Rural considering the Original application dated 1st January, 1985 and subsequent applications including the petition signed by both the petitioners dated 1st January, 2017. 3. The said writ petition was preferred by Sri Archak Shamanna and appellant No.4. Sri Archak Shamanna expired during the pendency of the writ petition and is now represented by his legal heirs [appellant Nos.1 to 3]. It is the case of the appellants that Sri Sheshaiah (grandfather of appellants) had made an application to the Land Tribunal for grant of land measuring 2 acres and 2 guntas in Thippapura Village. The writ petitioners claimed that they were cultivating the said land. The learned Land Tribunal had found that Sri Archak Shamanna had been cultivating the land in question and, by an order dated 14.09.1982, unanimously decided that Sri. Archak Shamanna be declared as de facto possessor of - 5 - HC-KAR NC: 2025:KHC:44569-DB WA No. 9 of 2025 the land to the extent of 2 acres and 2 guntas falling in Sy.No.133 of Thippapura village. 4. The writ petitioners state that the said land was subsequently appropriated by the respondents for providing houses under the 'Aashraya Scheme' without acquiring the same in accordance with law. In the aforesaid context, the writ petitioners claim that they are entitled to alternate lands. Since their request was not accepted, the writ petitioners filed the writ petition. 5. Learned Single Judge had rejected the said petition on the ground that there was no Scheme under which the writ petitioners could claim allotment of alternate land. Learned Single Judge reasoned that in the event, the writ petitioners were aggrieved by the action of the respondents in taking over land granted to Sri Archak Shamanna, their remedy would be to seek compensation or challenge the manner in which the land was taken. However, in any event, they would not be entitled to alternate land. 6. We find no fault in the order passed by the learned Single Judge. There is no provision in law for grant of alternate land. The present appeal is accordingly dismissed. We however, clarify that - 6 - HC-KAR NC: 2025:KHC:44569-DB WA No. 9 of 2025 this order would not preclude the appellants from availing other remedies, if any, for redressal of their grievances regarding being deprived with the subject land of which Sri Archak Shamanna was declared as an occupant. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 18