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2026 DAILYLAW 19842 (KAR)

SMT. PUTTAMMA v. STATE OF KARNATAKA

WP/14566/2024 · 2026-06-08

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27028 WP No.14566 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.14566 OF 2024 (KLR-RES) BETWEEN: 1. SMT. PUTTAMMA, W/O LATE BASAVARAJU, AGED ABOUT 66 YEARS. 2. B. MANJUNATH, S/O LATE BASAVARAJU, AGED ABOUT 40 YEARS. BOTH ARE RESIDING AT VANAKANAHALLI VILLAGE AND POST, KASABA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-562 106. …PETITIONERS (BY SRI. B. RAMESH, ADVOCATE) AND: 1. STATE OF KARNATAKA, SECRETARIAT, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560001. 2. DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, K G ROAD, BENGALURU - 560009. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27028 WP No.14566 of 2024 3. ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB DIVISION, KANDHAYA BHAVANA, K G ROAD, BENGALURU - 560009. 4. TAHSILDHAR, ANEKAL TALUK, ANEKAL - 562106. 5. THE REGULARISATION COMMITTEE FOR UNAUTHORISED OCCUPATION, ANEKAL 562106, REPRESENTED BY TAHSILDAR, ANEKAL TALUK. 6. PANCHAYATHI DEVELOPMENT OFFICER, VANAKANAHALLI GRAM PANCHAYATHI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 562 106. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R5; SRI. N. SUDHAKAR RAO BHONSLE, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER NO. V.G.SA.O(JA.DA)(A) CR.64/2009-10 DATED 22.08.2009 PASSED BY THE SPECIAL DEPUTY COMMISSIONER AS PER ANNEXURE-G. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:27028 WP No.14566 of 2024 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this Writ Petition, petitioners are assailing the order dated 22.08.2009 (Annexure-G) issued by the Special Deputy Commissioner, Bengaluru District, wherein the land in question has been allotted for public purpose. 2. Learned counsel appearing for the petitioners refers to Annexure-K dated 23.01.2025 in proceedings in case No. LND/RA(A)02/2021-22, wherein the Assistant Commissioner, Bengaluru, considering the applications made by the petitioners and other applicants therein, has remitted the matter to the Tahsildar to consider the case of claimants at the earliest in accordance with law, in the light of the observations made in the proceedings. Therefore, it is submitted by the learned counsel appearing for the petitioners that the impugned order (Annexure-G) passed by the Special Deputy Commissioner, Bengaluru District is not sustainable in law. 3. Per contra, learned Additional Government Advocate sought to justify the impugned order on the ground that the land in question has been earmarked for public purpose. - 4 - HC-KAR NC: 2026:KHC:27028 WP No.14566 of 2024 4. In the light of the submissions made by the learned counsel appearing for the parties, it is not in dispute that the petitioners along with other applicants have approached the competent authority seeking regularisation of unauthorised occupation. The said applications were considered by the Assistant Commissioner, Bengaluru as per Annexure-K vide order dated 23.01.2025 remitting the matter to the Tahsildar to ascertain the arial distance between the lands in question and the limits of BBMP as was existed on the date of insertion of Section 94-A to the Karnataka Land Revenue Act, 1964 and then to take necessary action in accordance with law. 5. In that view of the matter, as the applications of the petitioners along with others are pending consideration before the jurisdictional Tahsildar, I am of the view that, the impugned order at Annexure-G requires to be set aside and the matter has to be remitted to respondent No.4. 6. Accordingly, the order 22.08.2009 (Annexure-G) issued by the Special Deputy Commissioner, Bengaluru, is hereby set aside and the matter is remitted to respondent No.4 herein to consider the matter in the light of the direction issued by the - 5 - HC-KAR NC: 2026:KHC:27028 WP No.14566 of 2024 Assistant Commissioner, Bengaluru South Sub Division at Bengaluru, in case No. LND/RA(A)02/2021-22, dated 23.01.2025 and pass appropriate order in accordance with law. It is made clear that till the conclusion of the matter by the respondent No.4, no precipitative action be taken against the petitioners herein. 7. With the above observation, the Writ Petition is disposed of. 8. In view of disposal of the main matter, I.A.1/2025 filed for early hearing, stands allowed. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 4