Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 1118 (KAR)

SRI RAJESH P v. THE STATE OF KARNATAKA

WP/3987/2026 · 2026-02-09

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:7653 WP No. 3987 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.3987 OF 2026 (LB-RES) BETWEEN: 1. SRI RAJESH P. S/O. LATE POOJA HANUMANTHAIAH AGED ABOUT 43 YEARS RESIDING AT BORALINGAIAHNA PALYA VILLAGE KASABA HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT-572 130 2. SRI RAJANNA S/O. LATE CHIKKAHANUMAIAH AGED ABOUT 59 YEARS RESIDING AT BORALINGAIAHNA PALYA VILLAGE KASABA HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT-572 130 3. SRI SAMPATH KUMAR S/O. NAGARAJA AGED ABOUT 31 YEARS RESIDING AT BORALINGAIAHNA PALYA VILLAGE KASABA HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT-572 130 4. SRI NAVEEN S/O. RAJANNA CARE OF GANGAKARIYAPPA RESIDING AT BORALINGAIAHNA PALYA VILLAGE KASABA HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT-572 130 …PETITIONERS (BY SRI PUNITH C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF PANCHAYATH RAJ Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7653 WP No. 3987 of 2026 M. S. BUILDING BENGALURU-560 001 REPRESENTED PRINCIPAL SECRETARY 2. PANCHAYATH DEVELOPMENT OFFICER BILIDEVALAYA GRAM PANCHAYATH KASABA HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT-572 130 3. THE DY. SUPERINTENDENT OF POLICE KUNIGAL TALUK TUMAKURU DISTRICT-572 130 4. THE SUB INSPECTOR KUNIGAL POLICE STATION, KUNIGAL TALUK TUMAKURU DISTRICT-572 130 …RESPONDENTS (BY SMT. SPOORTHI V., H.C.G.P., FOR R-1, R-3 AND R-4; SRI A. NAGARAJAPPA, ADVCOATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 21.01.2026 VIDE BI.GRAM.PAN/OTHUVARI/2025-2026 ISSUED BY THE 2ND RESPONDENT AS PER ANNEXURE-A AND ETC. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondents No.1, 3 and 3 and Sri.A.Nagarajappa., learned counsel is directed to accept notice for respondent No.2. 2. The petitioners are before this Court seeking for the following reliefs; - 3 - HC-KAR NC: 2026:KHC:7653 WP No. 3987 of 2026 a. To issue a Writ of Certiorari to quash the Impugned order dated:21.01.2026 vide Bi.Gram.Pan/Othuvari/2025-2026 issued by the 2nd respondent as per ANNEXURE-A, b. To declare all the actions taken by the Respondents in pursuance of issuing ANNEXURE-A, has illegal, arbitrary. c. To pass any other order as this Hon’ble Court deems fit, including awarding compensation. 3. The petitioner is aggrieved by the impugned order dated 21.01.2026 at Annexure-A calling upon the petitioner to hand over the property which is stated to be in possession of the petitioner. 4. The submission of Sri.Punith.C., learned counsel for the petitioner is that the land in which the petitioner is carrying on his business is one which has been reserved for Muslim and Adi Karnataka Category person, the petitioners belonging to Adi Karnataka Category would be entitled to be in the said property. 5. On enquiry as to whether there is any allotment/grant made in favour of the petitioner and/or if there is any title of the property in favour of the petitioner, he submits that there is no such grant or allotment, but - 4 - HC-KAR NC: 2026:KHC:7653 WP No. 3987 of 2026 the claim of the petitioner is only on the basis of the possession of the property. 6. Even if that be so, I am of the considered opinion that the reliefs which have been sought for in the present petition cannot be granted, when the petitioner has no semblance of right, title, or interest in the said property. 7. At the most, the petitioner asserting possessory rights, it is for the petitioner to file appropriate proceedings before the appropriate Court. 8. Reserving such liberty, the petition stands dismissed. 9. In view of dismissal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 2 Sl No.: 27