- 1 - HC-KAR NC: 2026:KHC:25710-DB WA No. 389 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 389 OF 2025 (LB-RES) BETWEEN: THE COMMISSIONER, MYSURU CITY CORPORATION, NEXT TO BANUMAIAH COLLEGE, SAYYAJI RAO ROAD, AGRAHARA CHAMARAJPURA, MYSURU - 570 024. …APPELLANT (BY SRI. GAURAV G.K., ADVOCATE) AND: 1. THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, MYSORE DISTRICT, GIRIBHOVIPALYA, SIDDHARTA NAGAR, MYSORE - 570 011. 3. THE EXECUTIVE ENGINEER, MYSORE CITY WATER SUPPLY AND DRAINAGE BOARD, JALA BHAVAN, 2ND FLOOR, P-4, 10TH MAIN ROAD, 3RD CROSS, SAWASWATHIPURAM, MYSORE - 570 009. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:25710-DB WA No. 389 of 2025 4. SRI. SHRINIVAS P.D., S/O. DASEGOWDA, AGED ABOUT 58 YEARS, R/O. 291, 5TH MAIN, 13TH CROSSS, GOKULAM, 2ND STAGE, VANI VILAS MOHALLA, MYSORE - 570 002. 5. SMT. PUTTATAYAMMA, W/O. NARAYAN, AGED ABOUT 65 YEARS, R/O. 2462/2, 3RD MAIN, 4TH CROSS, VINAYAKA NAGAR, MYSORE - 570 012. 6. SMT. D. KEMPAMMA, W/O. LINGAPPA, AGED ABOUT 57 YEARS, R/O. 2462/2, 3RD MAIN, 4TH CROSS, VINAYAKA NAGAR, MYSORE - 570 012. 7. SMT. GAYATHRI. P.D., W/O. SURESH, AGED ABOUT 61 YEARS, R/O. 2344, 5TH MAIN, VINAYAKA NAGAR, PADAVARAHALLI, MYSORE - 570 012. 8. SMT. S. SUSHEELA, W/O. LATE P.D. CHIKKANNA, AGED ABOUT 59 YEARS, R/O. 2344, 5TH MAIN, VINAYAKA NAGAR, PADAVARAHALLI, MYSORE - 570 012. 9. SMT. PAVITRA. C, W/O. VIJAY M, AGED ABOUT 40 YEARS, R/O. 2344, 5TH MAIN, - 3 - HC-KAR NC: 2026:KHC:25710-DB WA No. 389 of 2025 VINAYAKA NAGAR, PADAVARAHALLI, MYSORE - 570 012. 10. SMT. MAMATA. C, D/O. LATE P.D. CHIKKANNA, AGED ABOUT 36 YEARS, R/O. 2462/2, 3RD MAIN, 4TH CROSS, VINAYAKA NAGAR, JAYALAKSHMIPURAM, MYSORE - 570 012. …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 & R2, SRI. VASANTHA KUMAR K.M. ADVOCATE FOR R4 TO R10) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT,1961, PRAYING TO ALLOW THIS WRIT APPEAL SET ASIDE THE ORDER DATED:17.01.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 17019/2024 AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the judgment and order dated 17.01.2025 passed by the writ Court in WP.No.17019/2024 instituted by the respondents. - 4 - HC-KAR NC: 2026:KHC:25710-DB WA No. 389 of 2025 2. According to the respondents/petitioners before the writ Court, they alleged that the Mysuru City Corporation had constructed a compound wall, which has blocked the entry to the property of the petitioner situated in Sy.No.220/6 measuring 25 guntas. A joint survey was conducted which indicated that the petitioner holding was to the extent of 25 guntas and that his holding would be part of the area of Sy.No.220/6. 3. On the other hand, the case of the Corporation is that the land of the petitioner stood acquired way back in the year 1974 and the petitioner's name, for whatsoever reason surreptitiously precisely entered into the revenue record in the year 2019 and on the basis of the revenue entry which came into existence in 2019, he is claiming right over the 25 guntas of land in Sy.No.220/6. However, these assertions have been seriously disputed by the learned counsel for the respondents. - 5 - HC-KAR NC: 2026:KHC:25710-DB WA No. 389 of 2025 4. This Court in exercise of writ jurisdiction cannot decide the question of ownership and possession and therefore, the writ Court ought not to have entertained the writ petition. As the disputed questions of fact regarding the ownership and possession of the land are involved, we set aside the impugned judgment passed by the learned single Judge and with liberty to the parties to take recourse to the appropriate proceedings as public law remedy would not be available in such a case. 5. We therefore, allow this writ appeal and set aside the impugned judgment and order passed by the writ Court. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 18 ct-vn