- 1 - HC-KAR NC: 2025:KHC:48077 WP No. 752 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 752 OF 2016 (LR) BETWEEN: SRI RAMESH S/O LATE SRI CHOWDAPPA @ VENKATARAMANAPPA, AGED ABOUT 75 YEAR, R/AT NO.33, KONADASAPURA VILLAGE, BIDARAHALLI HOBLI, KADUGODI MAIN ROAD, BANGALORE EAST TALUK, BANGALORE-560 067 …PETITIONER (BY SRI. BALALJI C.N, ADVOCATE FOR SRI. CHITHAPPA, ADVOCATE) AND: 1. THE LAND TRIBUNAL BANGALORE EAST TALUK, K R PURAM Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48077 WP No. 752 of 2016 BANGALORE. REPRESENTED BY ITS SECRETARY THE TAHSILDAR, BANGALORE EAST TALUK, BANGALORE-560 043 2. STATE OF KARNATAKA BY ITS SECRETARY TO THE REVENUE DEPAPRTMENT M S BUILDING, AMBEDKAR VEEDHI, BANGALORE-560 001 …RESPONDENTS (BY SRI. NEELAKANTAPPA K PUJAR, HCGP FOR R1 & R2) THIS WP IS FILED UNDE ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.9.11.2010 PASSED BY THE R-1 IN CASE NO.LRF.14/2003- 04 SO FAR AS THE PETITIONER IS CONCERNED IN RESPECT OF LAND MEASURING 1 ACRE 36 GUNTAS IN SY.NO.24/30 AT PRESENT SY.NO.24/1 OF KONADASAPURA VILLAGE, BIDARAHALLI HOBLI AT PRESENT BANGALORE EAST TALUK AS PER ANNEX-E. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR NC: 2025:KHC:48077 WP No. 752 of 2016 ORAL ORDER 1. The petitioner, in this writ petition, sought a writ of certiorari to quash the order dated 09.11.2010 passed in LRF: 14/2003-04 by the Land Tribunal/Assistant Commissioner, whereby the Assistant Commissioner rejected the claim of the petitioner in respect of property bearing Sy.No.24/30 (New Sy.No.24/1), measuring 1 acre 36 guntas situated at Konadasapura Village, Bidarahalli Hobli, Bangalore South at present Bengaluru East Taluk (for brevity, 'subject land'). 2. The grievance of the petitioner is that he was cultivating the land as a tenant under one Sri. B.S.Seetharam in respect of Sy.Nos.5/24, 24/30, 21/10, 17/8, 20/2, and 19/1, all situated at Konadasapura Village, Bidarahalli Hobli, Bangalore South at present Bengaluru East Taluk. On enactment of Karnataka Land Reforms Act 1961, the petitioner filed Form No.7 before the Land Tribunal for grant of occupancy right and the Tribunal granted occupancy right to the petitioner in respect of aforementioned survey numbers and issued Form No.10 on 22.05.1997. Subsequently, all the properties granted to the petitioner were acquired by the BDA in the year 1997, except subject land. Pursuant to the occupancy certificate, the name of - 4 - HC-KAR NC: 2025:KHC:48077 WP No. 752 of 2016 the petitioner has been mutated in revenue records in respect of subject land and the petitioner's name has been reflected in the RTC entries for the period 23.08.2011 to 18.06.2003. 3. However, the petitioner sold the major extent of subject land for his family necessities and retained only 18 guntas in subject land. Since then, he is in possession and enjoyment of the same which also reflected in the RTC for the period 04.03.2015 to 11.08.2015. Subsequently, the petitioner came to know that some persons who were granted occupancy certificate for lesser property against their claim had challenged the Land Tribunal's order before the Land Reforms Appellate Authority in A.L.R.A Nos. 1367/86, 219/86, 212/92, 210/89 and 211/87 and the said appeals came to be treated as Writ Petition Nos.663 to 665/93, 25112/93, 27266/92, 27268/92 and 7923/1991 before this Court and this Court vide common order dated 20.01.2000 allowed the Writ Petitions and remitted the matters for fresh consideration. However, the petitioner has not challenged the earlier grant either before this Court or before the Tribunal. Despite, the Assistant Commissioner while deciding the application filed by others, rejected the petitioner's grant vide order dated 09.11.2010 for the reason that the - 5 - HC-KAR NC: 2025:KHC:48077 WP No. 752 of 2016 petitioner is not in possession of subject land. Aggrieved by the same, the petitioner is before this court. 4. Heard Sri Balaji C.N for Sri Chittappa., learned counsel for the petitioner and Sri Neelakantappa K.Pujar, learned HCGP for respondent Nos. 1 and 2. 5. As could be gathered from the impugned order dated 09.11.2010, the petitioner is not a party to the proceedings initiated by the Government. The said proceedings had been initiated against other grantees, who have approached this Court by filing Writ Petition Nos.663-665/1993 and connected matters. It is the specific case of the petitioner that he has neither filed the writ petition nor was a party to the writ petition or the proceedings before the Assistant Commissioner. On perusal of the order passed by the Assistant Commissioner, it is stated that along with other claimants, the petitioner Ramaiah S/o. Chowdaiah filed Form No.7 i.e., at Sl.No.23 in respect of 1 acre 36 guntas of land i.e., the subject land. Further, as per the RTC entries and the reports and sketch of the ADLR, it is seen that 25 applicants including petitioner were in occupation and cultivation of the land and entitled for grant - 6 - HC-KAR NC: 2025:KHC:48077 WP No. 752 of 2016 of occupancy right. However, strangely in the operative portion, the Assistant Commissioner rejected the grant of the petitioner (though not filed Form No.7) on the ground that he was not in possession. In such circumstances, it is clear that the Assistant Commissioner without considering the earlier grant, the subsequent sale made by the petitioner and also non-filing of the application by the petitioner, passed the impugned order by misreading the above aspects. 6. In the above view of the matter, the writ petition is allowed. The impugned order passed in LRF:14/2003-04 dated 09.11.2010 by the Assistant Commissioner, in respect of the petitioner i.e., Ramaiah S/o. Chowdappa (Sl.No.23 of tabular column in paragraph 8 of the impugned order) is set aside. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 27