- 1 - HC-KAR NC: 2025:KHC:37546 WP No. 28166 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 28166 OF 2025 (KLR-RES) BETWEEN: SMT.VANAJA RAMESH W/O. SRI RAMESH, AGED ABOUT 53 YEARS, R/AT. WARD NO.23, KODIMANCHENAHALLI, DEVANAHALLI TOWN, BENGALURU DISTRICT-562110. …PETITIONER (BY SRI. NARASIMHARAJU., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560001. 2. THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA BANGALORE RURAL DISTRICT-561203. 3. THE TAHSILDAR, DODDABALLAPURA TALUK, DODDABALLAPURA, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37546 WP No. 28166 of 2025 BANGALORE RURAL DISTRICT-561203 …RESPONDENTS (BY SRI. V. SESHU, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 3RD RESPONDENT TO IMPLEMENT THE ORDER OF THE 2ND RESPONDENT IN RP/RUC-79/2024 DATED 06-06-2025 VIDE ANNX-J IN EFFECTING REVENUE ENTRIES IN THE NAME OF THE PETITIONER IN RESPECT OF THE PROPERTY BEARING SY.NO.50/P7 MEASURING TO AN EXTENT OF 2 ACRES SITUATED AT MALLATHAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT AS PER THE REPRESENTATION DATED 16-06-2025 AS PER ANNEXURE-KGRANT AN INTERIM ORDER TO NOT TO DISPOSSESS THE PETITIONER FROM HER OCCUPATION OF AGRICULTURAL LAND BEARING SY.NO.50/P7 MEASURING TO AN EXTENT OF 2 ACRES SITUATED AT MALLATHAHALLI VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT TILL THE DISPOSAL OF THIS PETITION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for all the respondents. 2. Learned counsel for the petitioner submits that earlier at the instance of the Tahsildar, Doddaballapura Taluk, proceedings were initiated before the Assistant - 3 - HC-KAR NC: 2025:KHC:37546 WP No. 28166 of 2025 Commissioner in RUC(A)10/2006-07 against all the grantees, who were granted various extents of land in terms of the orders passed by the Committee for Regularization of Unauthorised Occupation for cancellation, on the ground that the lands were within the prohibited distance and the same could not have been granted. The Assistant Commissioner passed an order on 22.02.2007 setting aside all the grants, accepting the contention of the Tahsildar. The petitioner herein approached the Karnataka Appellate Tribunal in Revision Petition No.95/2022. The Tribunal, while noticing the fact that in respect of the other grantees in various revision petitions filed, the Tribunal had already taken a decision that the Assistant Commissioner had not afforded opportunity of hearing to the aggrieved persons and since it was also found that the Assistant Executive Engineer had submitted a report before the Committee stating that the lands in question were not within the prohibited distance and they were at a distance of 5.50 kilometers, allowed the revision petition. - 4 - HC-KAR NC: 2025:KHC:37546 WP No. 28166 of 2025 3. In that view of the matter, the order of the Assistant Commissioner was set aside while remitting the matter back to the Assistant Commissioner for fresh consideration. Although the prayer in the writ petition is to implement the orders passed by the Assistant Commissioner at Annexure-J dated 06.06.2025, this Court finds that there is no finding of the Assistant Commissioner regarding the distance. Moreover, it has been directed that the Committee shall reconsider the matter, verify whether there were any other applications in Form Nos.50, 53, 57 pending before the Committee and thereafter, to proceed to pass necessary orders in favour of the petitioner. 4. At this point of time, learned counsel for the petitioner submits that the matter may be remanded back to the Assistant Commissioner with a direction to give his finding regarding the distance, and if it is found that the lands in question are not within the prohibited distance, then the Assistant Commissioner may proceed to dismiss - 5 - HC-KAR NC: 2025:KHC:37546 WP No. 28166 of 2025 the appeal filed by the Tahsildar and direct restoration of name of the petitioner in the revenue records. 5. Accordingly, the writ petition stands disposed of, while setting aside the order dated 06.06.2025 passed by the Assistant Commissioner with a specific direction that the Assistant Commissioner shall give his finding regarding the distance of the land in question to the boundary of the Doddaballapura Municipal Council, having regard to the report submitted by the Assistant Executive Engineer as per Annexure-F dated 25.12.2011. If it is found that the lands in question are not within the prohibited distance, then the Assistant Commissioner shall proceed to dismiss the appeal filed by the Tahsildar and direct restoration of the name of the petitioner in the revenue records. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. - 6 - HC-KAR NC: 2025:KHC:37546 WP No. 28166 of 2025 Ordered accordingly. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 12 CT: BHK