- 1 - HC-KAR NC: 2025:KHC:42161-DB WP No. 35931 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 35931 OF 2024 (GM-MM_S) BETWEEN: SRI ASHOKA T S/O. CHANDRAPPA T. AGED ABOUT 38 YEARS, R/AT JEENAHALLI VILLAGE AND POST, BELAGUTTI HOBLI, NYAMATHI TALUK, DAVANAGERE DISTRICT-577223. …PETITIONER (BY SRI. RUDRAPPA P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANASOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE-577006. 3. THE SENIOR GEOLOGIST, THE OFFICE OF THE SENIOR GEOLOGIST. DEPARTMENT OF MINES Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42161-DB WP No. 35931 of 2024 AND GEOLOGY, NO. 1948/1 IN FRONT OF ANJANEYE TEMPLE, VIDYANAGARA, DAVANAGARE-577005 4. THE ASSISTANT COMMISSIONER, HONNALI SUB-DIVISION, HONNALI-577217. 5. THE THASILDAR. NYAMATHI TALUK, DAVANAGERE DISTRICT -577223. 6. SRI. RAGHU J. S/O JAYARAMANNA, AGED ABOUT 43 YEARS, RESIDING AT GEJJENAHALLI VILLAGE, KOTE GANGUR POST, SHIVAMOGGA TALUK AND DISTRICT-577204. 7. SMT. ASHA C W/O KAREGOWDA AGED ABOUT 34 YEARS, WORKING IN PRIMARY HEALTH CENTRE, AT BENKANAHALLI, HONNALI TALUK. DAVANAGERE DISTRICT-577224 8. SRI. HARISHA S/O CHANDRAPPA, AGED ABOUT 33 YEARS, RESIDING AT JEENAHALLI, NYAMATHI TALUK, DAVANAGERE DISTRICT-577223. 9. SRI. BASAVARAJAPPA S/O MARIYAPPA, AGED ABOUT 54 YEARS, RESIDING AT JEENAHALLI, NYAMATHI TALUK, DAVANAGERE DISTRICT - 577223 - 3 - HC-KAR NC: 2025:KHC:42161-DB WP No. 35931 of 2024 10. SMT. SAVITHRAMMA W/O BENAKAPPA. CHANNAKKARA MANE, ARAKERE VILLGAE, HONNALI TALUK. DAVANAGERE-577217. 11. SMT. INDRAMMA D/O MARIYAPPA. AGED ABOUT 41 YEARS, RESIDING AT JEENAHALLI, NYAMATHI TALUK, DAVANAGERE DISTRICT - 577223. 12. SMT. SHASHIKALA W/O KUMARAPPA AGED ABOUT 42 YEARS, THIMMALLIYARA MANE, SHIVANANDAPPA BADAVANE, BEHIND GOVERNMENT COLLEGE, NYAMATHI TOWN, DAVANAGERE DISTRICT - 577223. 13. SMT. GOWRAMMA W/O LATE THIMMAPPA, AGED ABOUT 62 YEARS, RESIDING AT JEENAHALLI, NYAMATHI TALUK DAVANAGERE DISTRICT-577223 14. SMT. MARIYAMMA W/O LATE KARIYAPPA T. AGED ABOUT 58 YEARS, RESIDING AT JEENAHALLI. NYAMATHI TALUK DAVANAGERE DISTRICT - 577223. 15. SRI. MANJAPPA T. K. S/O LATE KARIYAPPA, AGED ABOUT 39 YEARS, RESIDING AT JEENAHALLI, NYAMATHI TALUK, DAVANAGERE DISTRICT - 577223. - 4 - HC-KAR NC: 2025:KHC:42161-DB WP No. 35931 of 2024 16. SMT. GEETHA W/O VASANTHA AGED ABOUT 37 YEARS, THIMMALLIYARA MANE, SHIVANANDAPPA BADAVANE. BEHIND GOVERNMENT COLLEGE. NYAMATHI TOWN. DAVANAGERE DISTRICT-577223. 17. SMT. CHAYA W/O LATE NAGARAJAPPA D/O LATE RANGAPPA AGED ABOUT 41 YEARS, R/AT NEAR URDU SCHOOL, KENCHNALA VILLAGE, NEAR RIPPAN PETE HOSANAGARA TALUK, SHIVAMOGGA DISTRICT - 577426. 18. SRI. DODDAPPA S/O LATE SHAKARAPPA AGED ABOUT 50 YEARS, R/AT 4TH CROSS, TUNGABHADRA BADAVANE, NORTH SIDE, HONNALI TOWN DAVANAGERE DISTRICT- 577217. 19. SMT. SAROJA JEENAHALLI, W/O LATE GAJENDRAPPA HONNALI, AGED ABOUT 43 YEARS, HOSAKATTE VILLAGE, RATTIHALLI TALUK, HAVERI DISTRICT-581210. 20. SRI NAGAPPA S. S/O LATE SHEKARAPPA. AGED ABOUT 48 YEARS. 2ND CROSS, DURGIGUDI BADAVANE, SOUTH SIDE, HONNALI TOWN. DAVANAGERE DISTRICT-577217 21. SMT. DANAMMA W/O BASAVARAJAPPA. AGED ABOUT 46 YEARS. - 5 - HC-KAR NC: 2025:KHC:42161-DB WP No. 35931 of 2024 HOSAKATTE VILLAGE. RATTIHALLI TALUK, HAVERI DISTRICT- 581210. 22. SMT. BHARAMAMMA. W/O LATE SACHHIDANADAPPA, AGED ABOUT 75 YEARS, 23. SMT. PARVATHAMMA G. W/O REVANAPPA G. AGED ABOUT 79 YEARS 24. SMT. CHANNABASAMMA W/O LATE CHANDRASHEKHARAPPA, AGED ABOUT 81 YEARS, 25. SRI. ASHOK KUMAR G.R. S/O LATE RAJENDRAPPA G. R. AGED ABOUT 46 YEARS, 26. SMT. SAVITHRAMMA W/O LATE SHIVALINGAPPA AGED ABOUT 76 YEARS 27. SMT. ANUPAMA G. R. D/O LATE RAJENDRAPPA G. R. AGED ABOUT 43 YEARS, 28. VIMALA G.R. W/O LATE RAJENDRAPPA G.R. AGED ABOUT - 48 YEARS, RESPONDENT No.22 TO 28 ARE R/AT GOWDRU MANE, JEENAHALLI, NYAMATHI TALUK, DAVANAGERE DISTRICT - 577223. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R5 SRI. GALAVAKUMAR M.V., ADVOCATE FOR R6 TO R21 MS. KEERTHI REDDY, ADVOCATE FOR R22 TO R28 V/O DATED 25.10.2025 NOTICE TO OTHER RESPONDENTS IS DIFERRED) - 6 - HC-KAR NC: 2025:KHC:42161-DB WP No. 35931 of 2024 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT QUASHING THE CONVERSION ORDER IN RESPECT OF THE LAND BEARING SY. NO. 46/2 AS PER ITS ORDER NO. 702881 DATED 28-10-2024 PASSED BY THE 2ND RESPONDENT PRODUCED AT ANNEXURE-EE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. JUSTICE C.M. POONACHA) 1. The present writ petition is filed seeking for the following reliefs: i) Issue a writ of certiorari or any other appropriate writ, order or direction quashing the conversion order in respect of the land bearing Sy. No. 46/2 as per its order No. 702881 dated 28-10-2024 passed by the 2nd respondent produced at Annexure -EE. ii) Issue a writ of certiorari or any other appropriate writ, order or direction quashing the lease grant order dated 20-11-2024 as per its order No. DMG/SG/DVG/QL- 229/2024-25/2319-2322 dated 20-11-2024 passed by the 3rd respondent produced at Annexure -GG, - 7 - HC-KAR NC: 2025:KHC:42161-DB WP No. 35931 of 2024 iii) Issue direction to the Respondent No.7 to 28 for not to cultivate the land bearing Sy. No. 46/1, 140 and 175 till the disposal of the W.P. No. 18911/2023(KLR) pending for consideration before this Hon'ble Court and O.S. No. 217/2023 pending for consideration before the Senor Civil Judge and J.M.FC. at Harihar. iv) To pass an order or direction such other relief/s as this Hon'ble Court deems fit and proper in the circumstances of the above case. 2. It is the case of the petitioner that he is the son of Sri.T.Chandrappa. The grandfather of the petitioner is one Sri Mariyappa. It is stated that great grandfather of the petitioner namely Griya @ Girithimma @ Giddathimma @ Giriyappa was granted an extent of 8 acre 13 guntas of land in survey No.46; 9 acre 26 guntas of land in survey No.140; 2 acre 3 guntas of land in survey No.175, all situated at Jeenahalli Village, Belagutti Hobli, Nyamathi Taluk, Davanagere District1. The petitioner claims right, title and interest in the subject land contending, inter-alia, that the same was inherited by the son of the original grantee viz., Mariyappa and thereafter by the petitioner's father (T.Chandrappa) who was stated to be son of the said Mariyappa. The family tree as averred by the petitioner in the petition is as under: 1 hereinafter referred to as 'the subject land' - 8 - HC-KAR NC: 2025:KHC:42161-DB WP No. 35931 of 2024 FAMILY TREE Marithimmappa S/o Rangappa Nayaka (Late) Wife Smt Bharmamma (Late) Children 1.Doddakariya@ Kariya @ Thimma @ Thimmappa(Late) 2. Sanna Kariya @ Kariya (late) wife : mariyamma (Late) Wife: Hanumavva (Late) One Son: Giriaya @ Girithimma @ Giddathimma One Son: Bharma @ Bharamma(late) @ Giriyappa(late) (Unmarried) Wife: Lakkamma (Late) Children 1. Mariyappa (Late) 2. Thimma @ Thimmappa Wife: Smt Ramamma @ Ramavva (Late) (Unmarried) | Children | 3. The petitioner has also filed a suit in OS.No.217/2023 seeking suitable reliefs. 4. The petitioner states that since he has approached the Civil Court for appropriate reliefs with respect to his right, title and interest in the subject land, he made representations to various authorities not 2. Chandrappa T (78) Wife: Hanumanthamma (77) Children 1. Kariyappa (late) Wife: Chandramma (57) Children 3. Rathnamma @ Bharmama (Married) 1. Lakshmikantha T K @ Rangappa TK (50) 2. Basamma (Married) 3. Paramesha T K (36) Applicant 4. Kavitha (Married) 1. Soubhagya @ Bhagya (Married) 2. Rajappa T C (39) 3. Ashok T (36) 4. Saraswathi T (Married) - 9 - HC-KAR NC: 2025:KHC:42161-DB WP No. 35931 of 2024 to register the subject land or deal with the same in any manner. However, the said authorities have not acted on the said representations. The petitioner has also referred to various proceedings initiated by various persons before various authorities with respect to the subject land. 5. It is the case of the petitioner that a stone quarrying lease for a period of twenty years from 01.09.2022 has been executed by respondent Nos.7 to 13, 17 to 21 and one late Kariyappa and T.Santhosh, in favour of respondent No.6. That on the basis of an unregistered Lease Deed, the respondent No.3 (Senior Geologist) has issued a notification dated 06.06.2023 for grant of stone quarrying license. Being aggrieved by the said notification, the petitioner and his father have filed W.P.No.18911/2023 (KLR-RES). In the said proceedings, this Court has granted an interim order, which reads as under: "In the event of any order being passed pursuant to the proceedings at Annexure-P, the same would be subject to orders to be passed in the present proceedings. Learned AGA accepts notice for respondents 1 to 3. Issue emergent notice to respondents 4 to 10." - 10 - HC-KAR NC: 2025:KHC:42161-DB WP No. 35931 of 2024 6. The petitioner states that he has filed objections before respondent No.5 - Thasildar with regard to revenue entries by furnishing the interim order passed by this Court in W.P.No.18911/2023 and the Tahsildar vide order dated 02.11.2023 has directed both the parties to maintain status quo with regard to the revenue entries. That respondent No.6 filed an appeal before respondent No.4 - Assistant Commissioner, who vide order dated 02.08.2024 directed change of the revenue entries in favour of respondent No.6 in respect of survey No.46. The said order has been challenged by the petitioner in an appeal filed before respondent No.2 - Deputy Commissioner, which is pending consideration. 7. It is the further case of the petitioner that respondent Nos.22 to 28 have entered into a Partition Deed and filed an application for change of revenue entries and the Assistant Commissioner vide order dated 02.08.2024 has passed an order to change the revenue entries in favour of respondent Nos.22 to 28 in respect of survey No.140, consequent to which, respondent No.5 - Tahsildar has entered the names of respondent Nos.6 to 13, 17 to 21 and others in the revenue records. Respondent Nos.7 to 13 and 17 to 21 and others have made an application to respondent No.5 - Tahsildar on - 11 - HC-KAR NC: 2025:KHC:42161-DB WP No. 35931 of 2024 the death of the Kartha of their family to change the revenue entries. That respondent No.2 - Deputy Commissioner has passed an order of conversion dated 28.10.2024, converting land bearing survey No.46/2. That on 20.11.2024, respondent No.3 (Senior Geologist) has granted lease of twenty years for carrying out stone quarrying operations. 8. The petitioner has sought to assail various transactions/proceedings made with respect to the subject land and has accordingly, sought the reliefs as noticed above. 9. It is clear and forthcoming that the petitioner is seeking to assert right, title and interest in immovable property without the same having been adequately adjudicated by the Civil Court. Although, the petitioner has averred regarding filing of a suit in OS.No.217/2023, the relevant / necessary documents pertaining to the said suit have not been produced. 10. It is clear from the family tree of the petitioner that various persons would be entitled to their respective right, title and interest in immovable property which cannot be adjudicated by this Court in the present petition. It is on the basis of the alleged right/ title/ interest claimed by the petitioner that the various conversion orders, grant - 12 - HC-KAR NC: 2025:KHC:42161-DB WP No. 35931 of 2024 orders, etc., passed by the respective statutory authorities are sought to be called in question. Without the right, title and interest of the petitioner having been adequately adjudicated by the competent Court, the question of, in any manner, interdicting the orders passed by statutory authorities in the present writ petition does not arise. 11. However, it shall be open to the petitioner to avail such remedies as may be available under law to seek for appropriate relief before the competent Court where right, title and interest is sought to be asserted by the petitioner, with respect to the orders passed by the statutory authorities. Needless to state that if the peititoner succeeds in establishing his right in any civil court, the revenue authorities shall ensure that the land records reflect the same. 12. With the said observations, the present writ petition is disposed of. SD/- (VIBHU BAKHRU) CHIEF JUSTICE SD/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 68