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2026 DAILYLAW 10575 (KAR)

SHRI. MUNIYAPPA H, v. STATE OF KARNATAKA

WP/7679/2026 · 2026-03-11

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14484 WP No. 7679 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 7679 OF 2026 (KLR-RES) BETWEEN: 1. SHRI. MUNIYAPPA. H, S/O. HANUMAPPA, AGED ABOUT 73 YEARS, RESIDING AT NO.1120, ANJANEYA TEMPLE STREET, WATER TANK ROAD, A.D. COLONY, BEGUR, BENGALURU – 560 114. 2. SHRI. B.C. VENKATESH, S/O. CHIKKATHAYAPPA, AGED ABOUT 50 YEARS, RESIDING AT NO. 1079, BEGUR, A.D.COLONY, BENGALURU - 560 068. 3. SHRI. NARASIMHAPPA, S/O. ASPATHRAPPA, AGED ABOUT 41 YEARS RESIDING AT NO. 1079, BEGUR, A.D.COLONY, BENGALURU - 560 068. 4. SHRI.KUMAR M, S/O. MUNISWAMY, AGED ABOUT 31 YEARS, RESIDING AT NO. 1068, BEGUR, A.D.COLONY, BENGALURU - 560 068. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14484 WP No. 7679 of 2026 REPRESENTED BY HIS GPA HOLDER SHRI. MUNIYAPPA.Y, S/O. LATE YARRAPPA, …PETITIONERS (BY SRI. SHRIKANTA SHARMA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU – 560 001. 2. DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU - 560 009. 3. THE TAHSILDAR, BENGALURU SOUTH TALUK, BENGALURU - 560 068. 4. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU - 560 002. 5. KARNATAKA STATE POLICE HOUSING AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, NO.59, GENERAL K.S. THIMMAIAH ROAD, BANGALORE 560 025, REPRESENTED BY ITS CHIEF ENGINEER. …RESPONDENTS (BY SMT. B.P.RADHA, AGA FOR R1 TO R3 & R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.3 TO CONSIDER AND DISPOSE OF THE REPRESENTATION DATED 04.02.2026 SUBMITTED BY THE - 3 - HC-KAR NC: 2026:KHC:14484 WP No. 7679 of 2026 PETITIONERS AT ANNEXURE-A, TO FIX BOUNDARY OR HADDABAST FOR SY.NO. SY.NO.302, MEASURING 1 ACRE 20 GUNTAS, SITUATED AT BEGUR VILLAGE, BEGUR HOBLL, BENGALURU SOUTH TALUK AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondent Nos.1 to 3 and 5. Notice to respondent No.4 is not necessary for the following reasons. 2. It is the contention of the petitioner that pursuant to the orders passed by the Deputy Commissioner at Annexure- B, while issuing the Official memorandum dated 25.01.1994 that 1 acre and 33 guntas of land in Survey No.302 of Beguru Village, Beguru Hobli, Bangalore South Taluk, are reserved for the formation of 'Ashraya Layout' and distribution of sites for the siteless persons and at Annexure-C is the list of beneficiaries which includes the name of petitioners, nevertheless, a part of the same survey number is granted in favour of respondent No.5-Karnataka State Police Housing and Infrastructure Development Corporation Ltd., for the purpose of - 4 - HC-KAR NC: 2026:KHC:14484 WP No. 7679 of 2026 construction of police station. It is contended that earlier, when the petitioners approached this Court in W.P.No.2341/2023, seeking necessary directions to the Deputy Commissioner, Bangalore Urban District, to allot the sites to the petitioners and issue hakku patras, this Court disposed of the writ petition on 04.06.2024, permitting the petitioners to give a fresh representation within a period of two weeks and directed that if such a representation is given, the Deputy Commissioner shall consider the representation and pass necessary orders within a period of two months from the date of receipt of the representation. However, when the said directions were not complied with, the petitioners filed Contempt Petition No.611/2025, and the same is pending consideration before the Hon'ble Division Bench. In the meanwhile, respondent No.5 has started development of the property and it is not clear whether respondent No.5 is putting up construction on the land allotted to them or is usurping the lands that were reserved for the formation of the 'Ashraya Layout'. In this regard, an application has been filed by the petitioners at Annexure-A seeking survey and settlement of the boundaries with respect to the lands - 5 - HC-KAR NC: 2026:KHC:14484 WP No. 7679 of 2026 reserved for the formation of the 'Ashraya Layout' and the lands granted to respondent No.5- Corporation. 3. Learned Additional Government Advocate submits that the petitioners have no locus standi to seek such a direction. Moreover, it is pointed out to Annexure-A that the representation is given in the letterhead of Karnataka Dalit Sangharsha Samithi(R), and such a representation given by the Samithi cannot be considered by the respondent authorities. Learned Additional Government Advocate submits that the petitioners have no locus to seek such a direction, even if their names are reflected in the list of beneficiaries. 4. There is substance in the submission made by the learned Additional Government Advocate. If the petitioners are aggrieved of the inaction on the part of the respondent authorities, more particularly, the Deputy Commissioner in not allotting the sites in terms of the list of beneficiaries, then the remedy available for the petitioners is to pursue the contempt petition. Such a direction which is sought in the writ petition to conduct a survey and fix the boundaries, at the instance of the petitioners, cannot be granted. - 6 - HC-KAR NC: 2026:KHC:14484 WP No. 7679 of 2026 With these observations, the writ petition stands dismissed. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 23