- 1 - HC-KAR NC: 2026:KHC:12319 WP No. 46789 of 2013 C/W WP No. 29434 of 2012 WP No. 8469 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 46789 OF 2013 (SC-ST) C/W WRIT PETITION NO. 29434 OF 2012 (SC-ST) WRIT PETITION NO. 8469 OF 2013 (SC-ST) IN WP No. 46789/2013 BETWEEN: SRI M. VEERABHADRAIAH S/O VEERAPPAIAH AGE 80 YEARS R/O VEERABHADRA NILAYA NEAR KHB COLONY, T R NAGARA CHALLAKERE TOWN CHITRADURGA DISTRICT-577 522 …PETITIONER (BY SRI. SWAMINATHAN R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY DEPARTMENT OF REVENUE MULTISTORIED BUILDINGS BANGALORE – 560001. 2. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA - 577 501. 3. THE ASSISTANT COMMISSIONER Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12319 WP No. 46789 of 2013 C/W WP No. 29434 of 2012 WP No. 8469 of 2013 CHITRADURGA SUB-DIVISION CHITRADURGA - 577 501. 4. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL CHALLAKERE TOWN CHALLAKERE 577 522. 5. SMT THIMMAKKA D/O LATE SRI CHALLAKERAIAH CHALLAKERE TOWN CHITRADURGA DISTRICT 577 522. 6. SRI C PAPAIAH S/O SRI PAPAIAH AGED 56 YEARS R/A DR AMBEDKAR NAGAR SOMUGUDDU ROAD, CHALLAKERE TOWN CHITRADURGA DISTRICT 577 522. 7. SMT SUSHEELAMMA W/O LATE SRI THIMMAIAH AGED 64 YEARS R/A SOMUGUDDU ROAD DR AMBEDKAR ROAD, CHALLAKERE TOWN CHITRADURGA DISTRICT 577 522 …RESPONDENTS (BY SRI. V.SESHU., HCGP FOR R1 TO R3 SRI. MANOJ M. NAIK., ADVOCATE FOR SRI. A.NAGARAJAPPA., ADVOCATE FOR R5 TO R7) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DT.11.1.2007 AND THE ORDER DT.26.6.2004 RESPECTIVELY PASSED BY THE R-3 VIDE ANNX-J & K AFTER DECLARING THEM AN ILLEGAL AND OPPOSED TO THE PRINCIPLES OF NATURAL JUSTICE AND DIRECT THE R-3 TO FIX UP THE LAND VALUE IN ACCORDANCE WITH ANNX-H AND AS DIRECTED BY THIS HON'BLE COURT AND TO COLLECT THE SITAL VALUE ON PRO-RATA BASIS PER ACRE AND ETC., - 3 - HC-KAR NC: 2026:KHC:12319 WP No. 46789 of 2013 C/W WP No. 29434 of 2012 WP No. 8469 of 2013 IN WP NO. 29434/2012 BETWEEN: 1. SMT N ROOPA AGED ABOUT 35 YEARS W/O SRI RAMACHANDRAPPA R/O BANJAGERE VILLAGE THALUK HOBLI, CHALLAKERE TALUK CHITRADURGA-577522. 2. SRI CHANDRANNA AGED ABOUT 58 YEARS S/O LATE KENGAPPA R/O BANJAGERE VILLAGE THALUK HOBLI, CHALLAKERE TALUK CHITRADURGA-577522. 3. SRI C AJJAPPA AGED ABOUT 59 YEARS S/O SRI CHIKKANNA R/O NO.M I G I A GROUP "MATHAPITRU NILAYA", KARNATAKA HOUSING BOARD KALLAHALLI 2ND STAGE VINOBHA NAGAR SHIMOGGA-577533. 4. SRI KASHIVISHWANATH AGED ABOUT 50 YEARS S/O P M GURUSIDHAIAH R/O PARASHURAMAPURA CHALLAKERE CHITRADURGA DISTRICT. 5. SRI M R AMBALANNA AGED ABOUT 50 YEARS S/O MARI RANGAPPA R/O NO.2008/141 SRI RANGANATHA NILAYA 18TH CROSS, T B BADAVANE - 4 - HC-KAR NC: 2026:KHC:12319 WP No. 46789 of 2013 C/W WP No. 29434 of 2012 WP No. 8469 of 2013 VIDYANAGARA DAVANAGERE 577 005 6. SRI Y R GOVINDAREDDY AGED ABOUT 57 YEARS S/O Y RAMAREDDY R/O RAMAJOGIHALLI CHALLAKERE TALUK CHITRADURGA DISTRICT-577522. ...PETITIONERS (BY SRI. R. SWAMINATHAN., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS COMMISSIONER AND SECRETARY DEPARTMENT OF REVENUE MULTISTORIED BUILDING BANGALORE 560 001. 2. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA 577 501 3. THE ASSISTANT COMMISSIONER CHITRADURGA SUB DIVISION CHITRADURGA 4. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL CHALLAKERE TOWN CHALLAKERE 5. SMT THIMMAKKA D/O LATE SRI CHALLAKERAIAH CHALLAKERE TOWN CHITRADURGA DISTRICT 6. SRI C PAPAIAH AGED ABOUT 56 YEARS - 5 - HC-KAR NC: 2026:KHC:12319 WP No. 46789 of 2013 C/W WP No. 29434 of 2012 WP No. 8469 of 2013 S/O SRI PAPAIAH R/A DR AMBEDKAR NAGAR SOMUGUDDU ROAD CHALLAKERE TOWN CHITRADURGA DISTRICT-577522. 7. SMT SUSHEELAMMA AGED ABOUT 64 YEARS W/O LATE SRI THIMMAIAH R/A SOMUGUDDU ROAD DR AMBEDKAR ROAD CHALLAKERE TOWN CHITRADURGA DISTRICT-577522. ...RESPONDENTS (BY SRI.V.SESHU., HCGP FOR R1 TO R3 SRI. MANOJ M. NAIK., ADVOCATE FOR SRI. A.NAGARAJAPPA., ADVOCATE FOR R5 TO R7 SRI. KAUSHIK S.KAREGOUDAR., ADVOCATE FOR SMT. BHAVANA G.K., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DT.11.1.07 & THE ORDER DT.26.6.04, RESPECTIVELY PASSED BY THE R3 IS MARKED AS ANN-J & K AFTER DECLARING THEM AS ILLEGAL & OPPOSED TO THE PRINCIPLES OF NATURAL JUSTICE AND DIRECT THE R3 TO FIX UP THE LAND VALUE IN ACCORDANCE WITH THE NOTIFICATION ISSUED BY THE SUB-REGISTRAR, CHALLAKERE FIXING THE LAND VALUE IN ACCORDANCE WITH ANN-H AND ETC., IN WP NO. 8469/2013 BETWEEN: 1. B VENKATESH REDDY S/O B. AIYAPPA AGE 80 YEARS R/O RAMAJOGIHALLI CHALLAKERE TALUK CHITRADURGA DISTRICT-577522. - 6 - HC-KAR NC: 2026:KHC:12319 WP No. 46789 of 2013 C/W WP No. 29434 of 2012 WP No. 8469 of 2013 2. SMT. PADMAVATHI D/O SHIVAMURTHY AGE 42 YEARS R/O INJANAHATTI CHALLAKERE TALUK CHITRADURGA DISTRICT-577522. 3. SRI T. THIMMAIAH S/O THIMMANNA AGED 54 YEARS R/O NO.28, SREB-28 DAAVANAGERE. 4. SMT H. PRABHAVATHAMMA W/O LATE B. RAMANJANAYA GUPTA AGE 64 YEARS R/O SRI GURUPRUPA 1ST CROSS, JOGIMUTT ROAD CHITRADURGA. 5. SRI K.H. SRINIVASA S/O LATE M. HANUMANTHAIAH AGE 32 YEARS T.N.KOTE POST PARASHUMAPURA HOBLI CHALLAKERE TALUK CHITRADURGA DISTRICT. 6. SMT. M.S. BHARATHMATHA W/O M.S. SHESHACHALA SETTY AGED ABOUT 40 YEARS SRI DHANALAKSHMI JEWELLARY MART BANGALORE ROAD CHALLAKERE – 577522. 7. SMT. M.R. GAYATHRI W/O M.S. RAJAGOPAL AGED ABOUT 42 YEARS SRI DHANALAKSHMI JEWELLARY MART BANGALORE ROAD - 7 - HC-KAR NC: 2026:KHC:12319 WP No. 46789 of 2013 C/W WP No. 29434 of 2012 WP No. 8469 of 2013 CHALLAKERE – 577522. 8. SMT. V. PARIJATHA W/O LATE J.V. RANGANATHA SHETTY AGE 59 YEARS R/O NO.507, 3RD MAIN, 2ND FLOOR, BHAVANI NAGAR, BANGALORE – 560019. 9. SRI P.K. KESHVAMURTHY S/O LATE P.KAMBAIAH C/O MAJJIGE RANGAPPA AGE 59 YEARS R/O HEGGEREVILLAGE SANEKERE POST CHELLAKERE TALUK CHITRADURGA DISTRICT-577522. ...PETITIONERS (BY SRI. R SWAMINATHAN., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS COMMISSIONER AND SECRETARY DEPARTMENT OF REVENUE MULTISTORIED BUILDINGS BANGALORE 560001. 2. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA – 577501. 3. THE ASSISTANT COMMISSIONER CHITRADURGA SUB-DIVISION CHITRADURGA DISTRICT- 577501. 4. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL CHALLAKERE TOWN, CHALLAKERE 577522 - 8 - HC-KAR NC: 2026:KHC:12319 WP No. 46789 of 2013 C/W WP No. 29434 of 2012 WP No. 8469 of 2013 5. SMT. THIMMAKKA D/O LATE SRI CHALLAKERAIAH CHALLAKERE TOWN, CHITRADURGA DISTRICT 577522 6. SRI C. PAPAIAH S/O SRI PAPAIAH AGED 56 YEARS R/A DR. AMBEDKAR NAGAR SOMUGUDDU ROAD CHALLAKERE TOWN CHITRADURGA DISTRICT 577522 7. SMT. SUSHEELAMMA W/O LATE SRI THIMMAIAH AGED 64 YEARS R/A SOMUGUDDU ROAD DR. AMBEDKAR NAGAR SOMUGUDDU ROAD CHALLAKERE TOWN CHITRADURGA DISTRICT 577522 ...RESPONDENTS (BY SRI.SESHU.V., HCGP FOR R1 TO 3 SRI.MANOJ M. NAIK., ADVOCATE FOR SRI. A.NAGARAJAPPA., ADVOCATE FOR R5 TO R7 SRI.KAUSHIK S.KAREGOUDAR., ADVCOATE FOR SMT. BHAVANA G.K., ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 11.1.2007 AND THE ORDER DATED 26TH JUNE 2004 RESPECTIVELY PASSED BY THE 3RD RESPONDENT VIDE ANNEXURE-J & K AFTER DECLARING THEM AN ILLEGAL AND OPPOSED TO THE PRINCIPLES OF NATURAL JUSTICE AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 9 - HC-KAR NC: 2026:KHC:12319 WP No. 46789 of 2013 C/W WP No. 29434 of 2012 WP No. 8469 of 2013 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned counsel for the petitioners submits that the case of the petitioners stand covered by a decision of a Co-ordinate bench of this Court in Writ Petition No.24602/2015 and connected matters, which were disposed of on 25.11.2020. Learned counsel prays for similar orders. 2. The Co-ordinate bench, in its order has culled out paragraphs No.9 and 10 of the orders passed in WP No. 11619-11637 of 2011, which reads as follows; “9. Secondly it is contended that this Court in its order in W.P. Nos. 37061- 37062/2002 directed respondent No. 3 to fix the market value of the land as per the value fixed by the revenue department in their notification under the provisions of the Karnataka Stamp Act for the purpose of registration of sale deeds. On the other hand respondent No. 3 Assistant Commissioner determined the market value of the sites and as - 10 - HC-KAR NC: 2026:KHC:12319 WP No. 46789 of 2013 C/W WP No. 29434 of 2012 WP No. 8469 of 2013 such the same is contrary to the directions issued by this Court. Again I decline to accept this contention of the learned counsel for the petitioners. A reading of the directions issued by this Court in W.P. Nos. 37061-37062/2002 specifies that respondent No. 3 has to determine the market value of the sites purchased by the petitioners as on the date of passing the order on 08.01.2004. Respondent No. 3 on securing the necessary material and by taking in to consideration the relevant dates, the conversion of agricultural lands into sites and formation of layout etc., determined the market value. Therefore the impugned order is strictly in compliance with the directions issued by this Court and the same cannot be said to be arbitrary or illegal. 10. The impugned orders are passed on 26.06.2004 and the petitioners have not filed any appeal before the Deputy Commissioner. The order of the Deputy Commissioner – Annexure D specifies that an appeal was filed by one Radhakrishna Shetty and he is not a party in these writ petitions. Further it is seen - 11 - HC-KAR NC: 2026:KHC:12319 WP No. 46789 of 2013 C/W WP No. 29434 of 2012 WP No. 8469 of 2013 from the record that a notification was issued on 25.09.2006 informing all the purchasers of the sites to pay sital value failing which to restore the lands to the legal representatives of the original grantee. Since some of the notices were not served on the purchasers of sites newspaper publication was issued on 09.03.2007. Except one purchaser of site remaining purchasers failed to deposit the sital value. Consequently the lands were resumed and handed over to the legal representatives of the original grantee as per Annexure R-5(1) and R-5(2). Thereafter the legal representatives of the original grantee have sold some of the sites. In support of this contention respondents have produced encumbrance certificates as per Annexure R-5(3)(1) to R-5(3)(17). This material on record discloses that third party interest is involved and they are not parties before this Court.” 3. It was noticed that against the order passed by the learned Single Judge, writ appeals were filed by the site owners in Writ Appeal Nos.2023-2071/2013, which - 12 - HC-KAR NC: 2026:KHC:12319 WP No. 46789 of 2013 C/W WP No. 29434 of 2012 WP No. 8469 of 2013 came to be disposed of by the Hon'ble Division Bench on 03.03.2015 observing thus; 10. The appellants who are beneficiaries of the order of this Court have not even deposited the market value though orders were passed long back. We are in 2015. Till today, the appellants have not paid the amount determined as per Annexures – J and K. 11. As stated supra, the appellants have not approached this Court with clean hands though sufficient time was given to deposit the money. The law of limitation applies to writ proceedings also and the orders or directions given in writ proceedings cannot be dragged on to any length of time for compliance orders or directions. The matter herein is of more than five years. We do not see any merit in these cases. 12. Accordingly, appeals are dismissed. Liberty is granted to the appellants to approach the Assistant Commissioner to permit them to deposit the amount as determined by the - 13 - HC-KAR NC: 2026:KHC:12319 WP No. 46789 of 2013 C/W WP No. 29434 of 2012 WP No. 8469 of 2013 Assistant Commissioner with interest at 15% per annum. If such request is made, it is for the Assistant Commissioner to consider the same in accordance with law.” 4. The afore-extracted judgment of the learned Division Bench applies to the case of the petitioners also, who are site owners. Hence, in terms of the observations of the Division Bench, the writ petitions are disposed of. Sd/- (R DEVDAS) JUDGE KLY CT: JL