- 1 - HC-KAR NC: 2026:KHC:28623 WP No. 37048 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.37048 OF 2025 (LR) BETWEEN: SRI.M.D. FAYAZ AHMED S/O. LATE ABDUL GAFFER SAHEB, AGED ABOUT 56 YEARS, R/AT: THYGRAJNAGAR, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT- 562 110. …PETITIONER (BY SRI.MUNIRAJA.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION, DODDABALLAPURA-561 203. BENGALURU RURAL DISTRICT. 3. THE TAHSILDAR DEVANAHALLI TALUK, DEVANAHALLI- 562110. …RESPONDENTS (BY SRI.B.J.ESWARAPPA, AGA) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28623 WP No. 37048 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION TO QUASH THE IMPUGNED ORDER DATED 17- 04-2008 VIDE CASE IN LRF/SR(DEV). NO. 297/2002-03 AND NEW LRF/SR(DEV). NO.299/2003-04 INSOFAR AS FORFEITING THE LAND BEARING SY. NO. 110/1, MEASURING 0-34 GUNTAS. SITUATED AT AKKUPETE VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT TO THE GOVERNMENT UNDER THE PROVISIONS OF THE SECTION 79-A AND B OF KARNATAKA LAND REFORMS ACT AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, the petitioner is assailing the order dated 17.04.2008 (Annexure - A) passed by the respondent No.2. - 3 - HC-KAR NC: 2026:KHC:28623 WP No. 37048 of 2025 3. It is argued by the learned counsel appearing for the petitioner by referring to the cause-title in the impugned order at Annexure-A and contended that, the land in question is belonged to the petitioner having acquired the same by virtue of the partition deed dated 26.07.1958 (Annexure - B) and therefore, the entire proceedings requires to be set aside in respect of the land bearing Survey No.110/1 measuring 30 guntas of Akkupete Village, Kasaba Hobli, Devanahalli Taluk, Bengaluru Rural District. 4. Per contra, learned AGA sought to justify the impugned order. 5. In the light of the submission made by the learned counsel appearing for the parties and on careful examination of the partition deed at Annexure - B and the RTC extracts produced by the petitioner would indicate that the petitioner is the owner of the land bearing Survey - 4 - HC-KAR NC: 2026:KHC:28623 WP No. 37048 of 2025 No.110 of Akkupete Village, Kasaba Hobli, Devanahalli Taluk, Bengaluru Rural District. 6. In that view of the matter, as the entire proceedings referred to at Annexure - A has been made against one K.N.Malappa and not against the petitioner and therefore, the proceedings at Annexure - A by the respondent No.2 in respect of the subject land bearing Survey No.110 measuring 30 guntas of Akkupete Village, Kasaba Hobli, Devanahalli Taluk, Bengaluru Rural District requires to be set aside. 7. Needless to say that as the petitioner herein is not a party to the proceedings and no notice has been issued to the petitioner and that apart, the entire jurisdiction exercised by the respondent No.2 against the petitioner is contrary to the declaration of law made by the Hon'ble Supreme Court in the case of Kiran Singh and others v. Chaman Paswan and others reported in AIR 1954 SC 340. Accordingly, the writ petition is allowed. - 5 - HC-KAR NC: 2026:KHC:28623 WP No. 37048 of 2025 8. The impugned order at Annexure - A passed by the respondent No.2 in respect of the land bearing Survey No.110 of Akkupete Village, Kasaba Hobli, Devanahalli Taluk, Bengaluru Rural District is accordingly set aside. SD/- (E.S.INDIRESH) JUDGE MH/- List No.: 1 Sl No.: 18