- 1 - HC-KAR NC: 2025:KHC:27702 WP No. 36178 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 36178 OF 2016 (KLR-LG) BETWEEN: 1. SMT. UMADEVI D/O LATE LAKSHMANAIK, AGED ABOUT 40 YEARS, 2. SMT. LAKSHMIBAI W/O KRISHNANAIK, AGED ABOUT 45 YEARS, 3. SMT. AMALI W/O GOPALANAIK, D/O MUNISHAMI NAIK AGED ABOUT 50 YEARS, ALL ARE R/A MELIN NAYAKARANDAHALLI VILLAGE, TUBAGERE HOBLI, DODDABALLAPUR TALUK - 561 203, BANGALORE RURAL DISTRICT. …PETITIONERS (BY SRI. KHADRI S.A, ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BANGALORE - 560 001. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27702 WP No. 36178 of 2016 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, VISHWESHWARAIAH TOWER, VIDHANAVEEDHI ROAD, BANGALORE - 560 001. 3. THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB DIVISION, DODDABALLAPUR - 561 203. 4. THE TAHASILDAR DODDABALLAPUR TALUK, DODDABALLAPUR - 561 203. 5. THE MANAGING DIRECTOR KARNATAKA WARE HOUSE CORPORATION, RMC YARD, YESHWANTHAPURA, BANGALORE - 560 013. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4; SRI. BALAJI C.N, ADVOCATE FOR SRI. CHITHAPPA, ADVOCATE FOR R5) ---- THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY R-2 IN FAVOUR OF R-5 DTD.18.4.2016 AT ANNEX-A, THEREBY LEASED OUT 19 ACRES 20 GUNTAS IN SY.NO.15 OF MELINA NAYAKARANDA HALLI VILLAGE, TUBAGERE HOBLI, DODDABALLAPUR TALUK THEREBY LEASED OUT TO R-5 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:27702 WP No. 36178 of 2016 ORAL ORDER In this writ petition, the petitioners are assailing the Official Memorandum dated 18.04.2016 (Annexure-A) issued by respondent no.2 granting lease to an extent of 19 acres 20 guntas of land in favour of respondent no.5. 2. I have heard Sri Khadri S.A, learned counsel for the petitioners, Smt.Navya Shekhar, learned AGA for respondents no.1 to 4 and Sri Balaji C.N learned counsel appearing for Sri Chithappa, learned counsel for respondent no.5. 3. Sri Khadri S.A, learned counsel for the petitioners, submitted that, the petitioners herein are in possession and cultivation of the land in question and, as such, made an application for regularization and thereafter, the land has been granted in their favour and therefore, the subject matter of the land now being allotted in favour of respondent no.5 is illegal and, as such, sought for interference by this Court. He further submitted that, the petitioners are cultivating the land in question personally and therefore, as the subject land has now been leased in favour of respondent no.5, the Official - 4 - HC-KAR NC: 2025:KHC:27702 WP No. 36178 of 2016 Memorandum at Annexure-A requires to be set aside by this Court. 4. Per contra, Sri Balaji C.N, learned counsel appearing for Sri Chithappa, learned counsel for respondent no.5, submitted that, proceeding has been conducted by respondent no.3 in RUC (A)34/2016-17 and respondent no.3 by order dated 03.02.2017 (Annexure-R1), rejecting the application made by the petitioners herein is proper and therefore, the writ petition deserves to be dismissed. 5. Smt.Navya Shekar, learned AGA submitted that, the petitioners herein are seeking for regularization of the land in question. The application seeking regularization has not been made within the date specified thereunder and accordingly, the application filed by the petitioners herein was rejected as per Annexure-R1 to the writ petition and accordingly, sought for dismissal of the writ petition. 6. In the light of the submission made by the learned counsel for the parties and, on careful examination of the writ papers, it would indicate that, the petitioners are claiming right - 5 - HC-KAR NC: 2025:KHC:27702 WP No. 36178 of 2016 over the land in question, over which they are in unauthorized occupation and, the resolution has been passed as per the order dated 02.02.2012 at Annexure-M to the writ petition. In that view of the matter, the petitioners have sought for quashing grant of lease of the land in question made in favour of respondent no.5 as per Annexure-A to the writ petition. Further, upon careful consideration of the writ papers would indicate that, respondent no.3 vide order dated 03.02.2017 (Annexure-R1) has rejected the application made by the petitioners herein seeking regularization of the land in question and the same has reached finality. It is also to be noted that, the petitioners herein have participated in the said proceedings in RUC.(A) No.34/2016-17, Anenxure-R1 to the writ petition. In that view of the matter, as respondent no.3 has rejected the application made by the petitioners herein seeking regularization of the land in question, I am of the view that, no interference be called for in this writ petition and, accordingly, the writ petition is dismissed. 7. Further, it is to be noted that, since the resolution passed by respondent no.3 has not been challenged by the petitioners, - 6 - HC-KAR NC: 2025:KHC:27702 WP No. 36178 of 2016 the same has reached finality and therefore, the writ petition is dismissed as devoid of merits. SD/- (E.S.INDIRESH) JUDGE rs/CT: BHK