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2026 DAILYLAW 20669 (KAR)

SRI HEMANNA v. STATE OF KARNATAKA

WP/12239/2026 · 2026-06-05

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:26661 WP No. 11124 of 2026 C/W WP No. 12239 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.11124 OF 2026 (KLR-RES) C/W WRIT PETITION NO.12239 OF 2026 (KLR-RES) IN WP No. 11124/2026 BETWEEN: SRI. TAMMAIAH @ THIMMAIAH, SON OF LATE KARIYAPPA, AGED ABOUT 70 YEARS, MALIGONDANAHALLI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560 060. …PETITIONER (BY SRI. AKKIMANJUNATH GOWDA K., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE - 560 001. 2. SPECIAL DEPUTY COMMISSIONER, KANDAYA BHAVANA, BANGALORE DISTRICT - 560 001. 3. ASSISTANT COMMISSIONER, BANGALORE SOUTH DIVISION, KANDAYA BHAVANA, BANGALORE DISTRICT - 560 001. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26661 WP No. 11124 of 2026 C/W WP No. 12239 of 2026 4. THE TAHASILDAR, BANGALORE SOUTH DIVISION, KANDAYA BHAVANA, BANGALORE DISTRICT - 560 001. …RESPONDENTS (BY SRI. AKKIMANJUNATH GOWDA. K, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUING A WRIT OF CERTIORARI, QUASHING THE ENTIRE PROCEEDINGS IN CASE NO.RRT (S) CR 107/2013-14 UNDER SECTION 136 (3) OF THE KARNATAKA LAND REVENUE ACT, 1964 VIDE ANNEXURE A AND ETC. IN WP NO. 12239/2026 BETWEEN: SRI. HEMANNA, SON OF PUTTASHYAMAIAH, AGED ABOUT 68 YEARS, RESIDING AT MALIGONDANAHALLI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE -560 060. (SENIOR CITIZEN BENEFIT NOT CLAIMED) ...PETITIONER (BY SRI. AKKIMANJUNATH GOWDA K., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BANGALORE - 560 001. 2. SPECIAL DEPUTY COMMISSIONER, KANDAYA BHAVANA, BANGALORE DISTRICT - 560 001. - 3 - HC-KAR NC: 2026:KHC:26661 WP No. 11124 of 2026 C/W WP No. 12239 of 2026 3. ASSISTANT COMMISSIONER, BANGALORE SOUTH DIVISION, KANDAYA BHAVANA, BANGALORE DISTRICT - 560 001. 4. THE TAHASILDAR, BANGALORE SOUTH DIVISION, KANDAYA BHAVANA, BANGALORE DISTRICT - 560 001. ...RESPONDENTS (BY SRI. SPOORTHY HEGDE. N, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUING A WRIT OF CERTIORARI, QUASHING THE ENTIRE PROCEEDINGS IN CASE NO.RRT (S) CR 107/2013-14 UNDER SECTION 136 (3) OF THE KARNATAKA LAND REVENUE ACT, 1964 VIDE ANNEXURE-A ISSUED BY R4. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In these writ petitions, petitioners are assailing the proceedings before the respondent No.2 in RRT(S) CR 107/2013-14 (Annexure-A) to the petition inter-alia sought for direction to consider the representation at Annexure-B in the both writ petitions. - 4 - HC-KAR NC: 2026:KHC:26661 WP No. 11124 of 2026 C/W WP No. 12239 of 2026 2. Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondents - State. 3. Having taken note of the submissions made by the learned counsel appearing for the parties, the respondent No.2 has initiated proceedings under Section 136(3) of the Karnataka Land Revenue Act, 1964 in respect of the genuineness of the grant as to the land bearing Survey No.26 of Maligondanahalli Village, Kengeri Hobli, Bengaluru South. It is also forthcoming from the order dated 04.03.2026 in WP.No.9521/2021 and connected writ petitions wherein this Court has quashed the entire proceedings in respect of the proceedings initiated by respondent No.2 in RRT(S) CR 107/2013-14. 4. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioners that, the writ petitions are covered by the order passed by this Court in the aforementioned writ petition. - 5 - HC-KAR NC: 2026:KHC:26661 WP No. 11124 of 2026 C/W WP No. 12239 of 2026 5. The observation made by this Court is made applicable to the facts of this case also. As the parties have been represented by their learned counsel, the competent officer from the respondent No.4-Tahsildar, it is made clear that respondent No.4 and the jurisdictional Assistant Director of Land Records are directed to conduct spot inspection on 30.06.2026 at 11.00 a.m., to conduct survey and identify the properties in presence of the petitioners by issuing prior notice. 6. It is needless to observe that till the Tahsildar and the Assistant Director prepare a report identifying the land which is the subject matter in these writ petitions, the respondents shall not proceed with the construction or any other activities accordingly. With these observations the writ petitions are disposed of. SD/- (E.S.INDIRESH) JUDGE BKM/List No.: 1 Sl No.: 8