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2026 DAILYLAW 11825 (KAR)

SHRI. M. BORAIAH, v. THE STATE OF KARNATAKA

WP/8584/2023 · 2026-02-10

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8051 WP No. 8584 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 8584 OF 2023 (KLR-RES) BETWEEN: SHRI. M. BORAIAH, S/O LATE SIDDAYYA ALIAS MOTE GOWDA, AGED ABOUT 80 YEARS, R/A KURUBARA HALLI VILLAGE, KASABA HOBLI, RAMANAGAR TALUK, RAMANAGAR DISTRICT. …PETITIONER (BY SRI. SRIRANGA T.N., ADVOCATE FOR SRI. NAGAIAH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHAN SOUDHA, BANGALORE. 2. THE ASSISTANT COMMISSIONER RAM NAGAR SUB DIVISION RAMANAGARA-562159. 3. THE TAHSILDAR RAM NAGAR TALUK AND DISTRICT RAMANAGARA-562159. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8051 WP No. 8584 of 2023 4. THE DISTRICT SURVEY OFFICER RAM NAGAR TALUK AND DISTRICT RAMANAGARA-562159. …RESPONDENTS (BY SRI.K.P.YOGANNA., AGA SRI. MANJUNATHA L.K., ADVOCATE FOR IMLEADING APPLICANTS) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO TAKE TIME BOUND FINAL DECISION WITH RESPECT TO THE PENDING APPLICATION DTD 29.01.2022 AT ANNEXURE-A, IN ACCORDANCE WITH THE ORDER DTD 30.09.1987 PASSED BY THE HONBLE KARNATAKA APPELLATE TRIGUNAL IN APPEAL NO. 227/86 R-3 AS PER ANNEXURE-B 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 It is the contention of the petitioner who claims to be the son of late Sri.Siddaiah is that Sri.Siddaiah, was granted 2.00 Acres of land in Survey No.38 of Keshavpura Village, Kasaba hobli, Ramanagara Taluk, in the year 1954. Thereafter, the said Sri.Siddaiah was granted another extent of 35 Guntas of land by order dated - 3 - HC-KAR NC: 2026:KHC:8051 WP No. 8584 of 2023 13.07.1967 where upset price was also paid by Sri.Siddaiah. However, subsequently 1.00 Acre of land which was granted in favour of Sri.Siddaiah was again granted in favour of Sri.Gurusiddaiah in the year 1975. Aggrieved by the same, the petitioner filed an appeal before the Karnataka Appellate Tribunal in Appeal No.227/1986. The Tribunal passed the impugned order at Annexure-B on 30.09.1987, while allowing the appeal and setting aside the grant order made in favour of Sri.Gurusiddaiah, while remanding the matter back to the respondent-Tahsildar to reconsider the matter afresh in the light of the observations made in the order and to pass suitable order or to ensure that the competent authority passes suitable order granting 1.00 Acre of land in favour of Sri.Gurusiddaiah not being the land already granted in favour of Sri.Siddaiah. 2. The prayer in the writ petition is therefore to issue necessary directions to the respondent-Tahsildar to issue Saguvali Chit and enter the name of the petitioner in the - 4 - HC-KAR NC: 2026:KHC:8051 WP No. 8584 of 2023 revenue records and conduct the phodi and durasthi to enable the petitioner to take clear possession of 2 Acres and 35 Guntas of land. 3. In the meanwhile, during the course of these proceedings, an impleading application in I.A.No.1/2023 is filed by one Sri.Rajath Gowda B, claiming to be the legal heir of late Sri.Gurusiddaiah. 4. Having regard to the contentions raised by the petitioner, this Court is of the considered opinion that insofar as the grant made in favour of Sri.Gurusiddaiah already having been set aside at the hands of the Tribunal and remanding the matter back to the Tahsildar for reconsideration of the claim of Sri.Gurusiddaiah and his legal heirs, no useful purpose would be served in impleading the said Sri.Rajath Gowda B, in this proceedings. It is open for the impleading applicant to pursue his remedy before the Tahsildar as directed by the - 5 - HC-KAR NC: 2026:KHC:8051 WP No. 8584 of 2023 Tribunal. Consequently, the impleading application in I.A.No.1/2023 stands disposed of accordingly. 5. The writ petition is accordingly disposed of with a direction to respondent No.3-Tahsildar, Ramanagara Taluk, to proceed to find out as to who are the legal heirs of late Sri.Siddaiah, the original grantee, issue Saguvali Chit in favour of Sri.Siddaiah while entering the names of his legal heirs in the revenue records, as expeditiously as possible and at any rate within a period of 2 months from the date of receipt of a copy of the order. Sd/- (R DEVDAS) JUDGE DL CT: JL