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2025 DAILYLAW 77247 (KAR)

M/S ACHARYA PATHASHALA EDUCATIONAL TRUST v. STATE OF KARNATAKA

WP/21955/2025 · 2025-07-23

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27997 WP No. 21955 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.21955 OF 2025 (KLR-RES) BETWEEN: 1. M/S. ACHARYA PATHASHALA EDUCATIONAL TRUST N.R. COLONY, BENGALURU - 560004, EMAIL APSTRUSTCUGMAIL.COM@GMAIL.COM, PHONE 080-26601258/26612353, MOBILE 98864-46401, WEBSITE WWW.APSTRUST.ORG, REPRESENTED BY ITS PRESIDENT, CA DR. VISHNU BHARATH ALLAMPALLI, A DR. VISHNU BHARATH ALLAMPALLI, SON OF LATE SRI A. S. SATYANARAYAN, AGED ABOUT 72 YEARS, EMAIL VISHNUBHARTHACO@GMAIL.COM MOBILE : 9880701701. …PETITIONER (BY SRI. MAHENDRA S.S., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001. 2. THE SPECIAL DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BENGALURU - 560009. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27997 WP No. 21955 of 2025 3. THE ASSISTANT COMMISSIONER BANGALORE URBAN DISTRICT, BENGALURU - 560009. 4. THE TAHASILDAR BANGALORE SOUTH TALUK OFFICE KANDAYA BHAVAN, K.G. ROAD BENGALURU - 560 009. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT APPROPRIATE WRIT, ORDER, RESPONDENTS NO.1, 2 AND 4 TO CONSIDER THE REPRESENTATIONS DATED 23.06.2025 (ANNEXURE A, B AND SUBMITTED BY THE PETITIONER- TRUST REQUESTING THEM TO RESTORE POSSESSION OF 2 ACRES AND 1 GUNTA OF LAND IN SURVEY NO.225 OF SOMANAHALLI VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK FORMING PART OF THE 57 ACRES PERMANENTLY GRANTED IN FAVOUR OF THE PETITIONER- TRUST; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:27997 WP No. 21955 of 2025 ORAL ORDER Sri. Siddarth Baburao, learned Additional Government Advocate accepts notice for respondents. 2. I have heard Sri. Mahendra S. S., learned counsel appearing for the petitioner and Sri. Siddarth Baburao, learned counsel appearing for the respondent-State. 3. In this writ petition, the petitioner is seeking writ of mandamus to the respondent-authorities to consider his representations dated 23.06.2025 (Annexures-A, B and C) and to restore the possession in respect of the land in question. 4. Sri S.S. Mahendra, learned counsel for the petitioner, invited the attention of this Court to the sketch produced at Annexure-D, which was prepared pursuant to the order in Appeal No. 76 of 2019-20 by the Deputy Director of Land Records in respect of the - 4 - HC-KAR NC: 2025:KHC:27997 WP No. 21955 of 2025 land in question situated in Sy.No.225 of Somanahalli Village, Bangalore South. He further submitted that the said sketch was prepared pursuant to the direction issued by this Hon’ble Court. It is further submitted that there is a discrepancy between two sketches prepared by the respondent authorities. In the light of the same, learned counsel for the petitioner sought a direction to consider the petitioner’s representations submitted at Annexures-A to C. 5. Sri. Siddarth Baburao, learned Additional Government Advocate appearing for the respondent- State submitted that representation made by the petitioner will be considered in accordance with law based on the records available in the office of Deputy Director of Land Records. 6. In view of the above, and taking into consideration that the sketch at Annexure-D has been - 5 - HC-KAR NC: 2025:KHC:27997 WP No. 21955 of 2025 prepared by the Deputy Director of Land Records in Appeal No. 76 of 2019-20, it is open for the respondent-authorities to exclude any portion of the land out of 57 acres, already acquired, as reflected in the said sketch prepared in favour of the petitioner, and to take an appropriate decision in the matter within an outer limit of three months from the date of receipt of certified copy of this order. With the above observation, the writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE SB List No.: 2 Sl No.: 1