- 1 - HC-KAR NC: 2025:KHC:27935 WP No. 4023 of 2022 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.4023 OF 2022 (KLR-RES) BETWEEN: 1. 1(a). 1(b). MR. C.K. SRINIVASA RAO SINCE DECEASED REP. BY LRS. C.S. SRIDHARA S/O LATE C.K. SRINIVAS RAO AGED ABOUT 61 YEARS R/AT NO.127, 15TH CROSS WEST OF CHORD ROAD 2ND STAGE, MAHALAKSHMI LAYOUT BENGALURU - 560086. C.S. SRINATH S/O LATE C.K.SRINIVAS RAO AGED ABOUT 53 YEARS R/AT NO.316/44 8TH CROSS MAHALAKSHMI LAYOUT BENGALURU - 560086. …PETITIONERS (BY SRI. R. SUBRAMANYA, ADVOCATE FOR SRI. M.S. DEVARAJU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA DR AMBEDKAR VEEDHI BENGALURU - 560001. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27935 WP No. 4023 of 2022 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT K G ROAD BENGALURU - 560 009. 3. THE DEPUTY DIRECTOR OF LAND RECORDS BANGALORE URBAN DISTRICT K G ROAD BENGALURU - 560009. 4. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB DIVISION KANDAYA BHAVAN K G ROAD BENGALURU - 560009. 5. THE TAHSILDAR BANGALORE NORTH TALUK KANDAYA BHAVAN K G ROAD BENGALURU - 560009. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.4, TAHSILDAR, BANGALORE NORTH TALUK, TO CONSIDER THE REPRESENTATION DATED 07.09.2018, PRODUCED AT ANNEXURE-A AND CONSEQUENTLY DIRECT THEM FOR INDICATION OF REMAINING EXTENT OF LAND BEARING SY.NO.71, R.SY.NO.109 MEASURING 1 ACRE 16 GUNTAS OF KACHOHALLI VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK, AS PER THE GRANT ORDER DATED 20.08.2013 FORTHWITH. - 3 - HC-KAR NC: 2025:KHC:27935 WP No. 4023 of 2022 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. The grievance of the petitioners in this writ petition is to consider the representation dated 07.09.2018 (Annexure-A) and also sought for a direction to take decision in respect of the remaining extent of land bearing Sy.No.71, R.Sy.No.9 measuring 1 Acre 16 Guntas of kachohalli Village, Dasanapura Hobli, Bengaluru North Taluk, as per the Grant Order dated 20.08.2013. 3. Sri. R. Subramanya, learned counsel appearing for the petitioners invited the attention of the Court to the order dated 18.03.2024, which reads as under: " Learned AGA submits that in terms of the directions given by this Court, the Assistant Commissioner, Bengaluru North Sub-Division is present before this Court along with an Affidavit, - 4 - HC-KAR NC: 2025:KHC:27935 WP No. 4023 of 2022 nevertheless, the learned AGA submits that on going through the Affidavit, he is not satisfied since it does not explain the reasons why the Assistant Commissioner has not proceeded to make necessary corrections in the extent of land on the recommendation of the Tahsildar. The learned AGA submits on instructions from the Assistant Commissioner that although it is not disputed that earlier temporary grant was made permanent on receipt of a sum of Rs.3,97,75,055/- from the petitioners, for an extent of 4 acres and 25 guntas in Sy.No.71 of Kachohalli village, Dasanapura Hobli, Bengaluru North Taluk, nevertheless, at the time of drawing the mahazar and conducting the durasth, it was found that some construction has come up in an extent of 1 acre and 16 guntas and that is the reason why the extent of land in favour of the petitioner has been reduced to 3 acres and 09 guntas. It is not enough if the Assistant Commissioner says that the construction has come up in an extent of 1 acre and 16 guntas, without verifying as to who has put up construction. If the petitioner himself has put up the construction, he would still be entitled to have the RTC made for the entire extent of 4 acres and 25 guntas, since a hefty some of nearly Rs.4.00 Crores has been received from the petitioner. - 5 - HC-KAR NC: 2025:KHC:27935 WP No. 4023 of 2022 On the other hand, if construction is made by the State Authorities themselves putting up buildings for the use of public purpose, then the authorities have to explain as to how such constructions could be made on the land which was granted in favour of the petitioner. Further, a statement will have to be made by the Assistant Commissioner as to whether any other extent of land is available in the same survey number. Re-list this matter on 27.03.2024." 4. In that view of the matter, taking into consideration that respondent No.4 has to take decision in respect of the remaining extent of land i.e., 1 acre 16 guntas of land which is the subject matter in this writ petition, and therefore, respondent No.4 is directed to consider the representation dated 07.09.2018, in the light of the observation made by this Court on 18.03.2024 and take decision in the matter within three months from the date of receipt of certified copy of this Order. 5. Accordingly, the Writ Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 3