SMT SHANTADEVI W/O LATE SIDDAPPA DESAI v. THE STATE OF KARNATAKA
WA/100818/2025 · 2026-02-10
B Muralidhara Pai, M I Arun
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14831 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14831 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC-D:1957-DB WA No. 100818 of 2025
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI WRIT APPEAL NO. 100818 OF 2025 (KLR-RR/SUR) BETWEEN:
1. SMT. SHANTADEVI W/O. LATE SIDDAPPA DESAI, AGE: 54 YEARS, OCC: HOMEMAKER. 2. SRI. DEVREDDY SIDDAPPA DESAI S/O. LATE SIDDAPPA DESAI, AGE: 23 YEARS, OCC: STUDENT. 3. SRI. GURURAJ SIDDAPPA DESAI S/O. LATE SIDDAPPA DESAI, AGE: 20 YEARS, OCC: STUDENT. 4. SRI. GANGAPPA @ SHARAD S/O. LATE CHANDRASHEKAR DESAI, AGE 55 YEARS, OCC. AGRICULTURIST. ALL ABOVE NAMED PETITIONERS RESIDING AT SONNA VILLAGE, BILAGI HOBLI, BILAGI TALUK, BAGALKOT DIST: 587 116. … APPELLANTS (BY SRI. SUDHIR KUMAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF HEALTH AND
Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad
- 2 -
HC-KAR NC: 2026:KHC-D:1957-DB WA No. 100818 of 2025
FAMILY WELFARE, 105, 1ST FLOOR, VIKASA SOUDHA, BENGALURU – 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER OFFICE OF COMMISSIONERATE, HEALTH AND FAMILY WELFARE SERVICES. AROGYA SOUDHA, 5TH FLOOR, MAGADI ROAD, BENGALURU – 560 023. 3. DISTRICT HEALTH OFFICER, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECTOR 22, NAVA NAGAR, BAGALKOT DIST – 587 103. 4. TAHASILDAR OFFICE OF TAHASILDAR, BILAGI TALUKA, BILAGI – 587 116. 5. CHIEF ENGINEER DEPARTMENT OF PUBLIC WORKS, JALAMANDALI COMPOUND, NEAR D.C. OFFICE, DHARWAD – 580 001. 6. THE ASSISTANT EXECUTIVE ENGINEER, DEPARTMENT OF PUBLIC WORKS, SUB DIVISION, BILAGI. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE ABOVE APPEAL AND CONSEQUENTLY SET ASIDE THE JUDGMENT DATED 27/11/2025 PASSED IN W.P.NO.108995/2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,
THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
THE HON’BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
- 3 -
HC-KAR NC: 2026:KHC-D:1957-DB WA No. 100818 of 2025
ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE M.I.ARUN)
1. Learned AGA is directed to accept notice on behalf of the respondents. 2. The dispute pertains to the lease of a property.
The case of the appellants is that the property was leased to the State and, even after the expiry of the lease term, the State has not vacated the property or delivered possession to the appellants. 3. The case of the respondents is that there is no lease deed and, on the contrary, the State is the owner of the property. 4. When there are disputed questions of fact and the matter pertains to the existence of a lease or otherwise, the appropriate remedy for the appellants is to initiate necessary civil proceedings in the manner known to law by approaching the Civil Court or Arbitration, as the case may be. - 4 -
HC-KAR NC: 2026:KHC-D:1957-DB WA No. 100818 of 2025
5. The writ appeal cannot be entertained by this Court. For the aforesaid reason, the writ petition filed by the appellants has been dismissed by the learned Single Judge. 6. We do not find any error in the well-reasoned order passed by the learned Single Judge. Hence, the writ appeal is hereby dismissed. Sd/- (M.I.ARUN) JUDGE
Sd/- (B. MURALIDHARA PAI) JUDGE VNP/ CT: ASC List No.: 1 Sl No.: 24