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2026 DAILYLAW 17338 (KAR)

SRI M R RAJKUMAR, v. THE DEPUTY COMMISSIONER

WP/5999/2026 · 2026-02-26

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12096 WP No. 5999 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 5999 OF 2026 (KLR-LG) BETWEEN: 1. SRI M R RAJKUMAR, S/O REKHYA NAYAK, AGED ABOUT 62 YEARS, R/O MADHAKARIPURA VILLAGE, CHITRADURTA TALUK, CHITRADURGA DISTRICT-577 509. …PETITIONER (BY SRI. KRISHNAMURTHY M R, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT, CHITRADURGA-577 509. 2. THE TAHASILDHAR, CHITRADURGA TALUK, CHITRADURGA-577 509. 3. ZILLA PANCHAYATH CHITRADURGA, CHITRADURGA-577 509. REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT DTD 16.12.2025 PASSED BY THE R-2 BEARING NO.LND.CR/2025-26/917367 PRODUCED AS ANNX-X AND ETC., Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12096 WP No. 5999 of 2026 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 and 2. Notice to respondent No.3 is not necessary for the following reasons. 2. It is the contention of the petitioner that out of 6 acres of land belonging to the petitioner in Survey No. 144/1B of Madakaripura, Kasba Hobli, Chitradurga Taluk and District, to an extent of 15 guntas has been utilised by the Zilla Panchayath for the purpose of formation of road and no due process was followed, no compensation is given to the petitioner. Therefore, the petitioner gave a representation to the Deputy Commissioner, Chitradurga District on 10.03.2025 and 11.03.2025 seeking grant of alternative lands in lieu of the 15 guntas utilised for the purpose of formation of road. 3. It is contented that the Deputy Commissioner in his communication dated 18.08.2004 at Annexure K, - 3 - HC-KAR NC: 2026:KHC:12096 WP No. 5999 of 2026 directed the Executive Engineer of the Zilla Panchayath Division to consider the grievance of the petitioner and ensure that the compensation is paid to the petitioner. 4. Learned counsel submits that in terms of Rule 28A of the Karnataka Land Grant Rules,1969, the petitioner is entitled for grant of alternative lands. However, learned Additional Government Advocate submits that the provision pertains to cases where lands are either exchanged or relinquished consciously by the land owner, alternative lands can be granted. 5. Learned Additional Government Advocate submits that in the present context, the petitioner cannot seek grant of alternative lands and in terms of the directions issued by the Deputy Commissioner, the petitioner will have to pursue his remedy before the Zilla Panchayath for compensation. In respect of the lands used for the purpose of roads, formation of road. It is also pointed out from the impugned endorsement at Annexure- X dated 16.12.2025 that the Tahasildar is of the opinion - 4 - HC-KAR NC: 2026:KHC:12096 WP No. 5999 of 2026 that a road was already existing in the lands belonging to the petitioner and therefore, question of payment of compensation also would not arise. 6. Having heard the learned counsel for petitioner, the learned Additional Government Advocate and on perusing the petition papers, this Court is of the considered opinion that the impugned endorsement issued by the Tahasildar cannot be faulted. The remedy available for the petitioner is to approach the respondent No.3, Zilla Panchayath, Chithradurga seeking grant of compensation, if any part of the land belonging to the petitioner has been utilised by the Zilla Panchayath, without following due process of law. With this observation, writ petition stands disposed of. Sd/- (R DEVDAS) JUDGE SSD List No.: 1 Sl No.: 24