Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:27886 WP No.13586 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO.13586 OF 2023 (GM-RES) BETWEEN:
SMT. MANJULA AGED ABOUT 45 YEARS, W/O B. MAHADEVA R/AT BELAKAVADI VILLAGE, B.G.PURA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT, POSTAL PIN CODE-571 417. …PETITIONER (BY SRI. P NARAYANAPPA.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF REVENUE DR. B.R. AMBEDKAR VEEDHI VIDHANA SOUDHA BENGALURU POSTAL PIN CODE - 560 001.
2.
THE DR. B.R AMBEDKAR DEVELOPMENT CORPORATION REP. BY ITS MANAGER NO.2103, BANDI GOWDA BADAVANE 1ST CROSS, MANDYA CITY, MANDYA DISTRICT, POSTAL PIN CODE-571 401. …RESPONDENTS
Digitally signed by SUMA B N Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:27886 WP No.13586 of 2023
(BY SRI. MANJUNATHA RAYAPPA., AGA FOR R1;
SRI. S.V. GIRIKUMAR., ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226` AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH AN IMPUGNED ENDORSEMENT DATED 23.05.2023 ISSUED BY THE R-2, THE DR.B.R AMBEDKAR DEVELOPMENT CORPORATION, REP. BY ITS MANAGER NO.2103, BANDI GOWDA BADAVAN, 1ST CROSS, MANDYA CITY, MANDYA DISTRICT. VIDE ANNX-G AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
Petitioner is before this Court being aggrieved by the endorsement dated 23.05.2023 issued by the respondent No.2 as per Annexure-G, by which while issuing no due certificate, the respondent No.2 has intimated, except for the purpose of availing agricultural loan, petitioner shall not alienate the subject land.
2. Learned counsel for the petitioner relying upon the
Order dated 06.11.2024 passed by the Co-ordinate Bench of this Court in W.P.No.13575/2023 submits that under identical
facts and circumstances of the matter, this Court had set aside the similar endorsement. He further submits that the non- alienation period is only for 15 years. Therefore, restriction
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HC-KAR NC: 2026:KHC:27886 WP No.13586 of 2023
imposed in the endorsement as per Annexure-G, prohibiting petitioner to alienate the subject land, despite he having cleared all the dues payable to the respondent-Authority is illegal and arbitrary. 3. Learned AGA justifying the impugned endorsement and drawing attention of this Court to page No.2 of the deed of sale dated 09.09.2003, which was executed in favour of the petitioner under the Scheme known as ''ಕಾಟಕ ಸಾರದ ಭೂ ಭೂ ಭೂ ಭೂ ಒ
ೆತನ ಒ
ೆತನ ಒ
ೆತನ ಒ
ೆತನ ೕಜೆ ೕಜೆ ೕಜೆ ೕಜೆ (Land Purchase Scheme) ಪಷ ಪಷ ಪಷ ಪಷ ಾ ಾ ಾ ಾ ºÁUÀÆ ಪಷ ಪಂಗಡUÀ¼À ¸ÀºÁAiÀÄzsÀ£À ªÀÄvÀÄÛ ¸Á®zÀ ªÀÄÄSÉÃt PÀæAiÀÄ'' submits that petitioner is entitled to avail agricultural loan against the security of the property for the period of 15 years and the document further expressly prohibit alienation of the subject property for any other purpose. 4. Heard and perused the records. 5. Perusal of the sale deed dated 09.09.2003 produced at Annexure-A indicate that the same has been executed in terms of ''ಕಾಟಕ ಸಾರದ ಭೂ ಭೂ ಭೂ ಭೂ ಒ
ೆತನ ಒ
ೆತನ ಒ
ೆತನ ಒ
ೆತನ ೕಜೆ ೕಜೆ ೕಜೆ ೕಜೆ (Land Purchase Scheme) ಪಷ ಪಷ ಪಷ ಪಷ ಾ ಾ ಾ ಾ ºÁUÀÆ ಪಷ ಪಂಗಡUÀ¼À ¸ÀºÁAiÀÄzsÀ£À ªÀÄvÀÄÛ ¸Á®zÀ ªÀÄÄSÉÃt PÀæAiÀÄ'', whereunder admittedly 50% of the sale consideration has been paid by the
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HC-KAR NC: 2026:KHC:27886 WP No.13586 of 2023
respondent-State to ensure that the members belonging to the depressed class would be in a position to purchase and possess land and retain the same for their livelihood. 6. The said sale deed also contains a clause restricting alienation of the property except for the purpose of availing development and agricultural loan. Relevant portion of the sale deed reads as under: '' ಕ ಯದ ಸ"ತ#ನು% &ೕಲ(ಂಡ ೕಜೆ ಪ ಾರ 15 ವಷಗಳ ಾಲ ಅ,ವೃ./ 0ಾಲ ಪ
ೆಯುವ ಉ2ೆ/ೕಶಾ(4 ಭೂ ಅ,ವೃ.5 6ಾ7ಂ89ಂದ:ೇ ಆಗ<ೕ ವ7ವ0ಾಯದ 0ೊ0ೈ>?ಂದ:ೇ ಆಗ<ೕ 0ಾಲವನ% ಪ
ೆಯಬಹು2ೇ Bನಹ ಮDಾ#ವE2ೇ ೕಯ<Fಯೂ Gಾಸ4Hಾ4 ಪರIಾJೆ Kಾಡುವ ಹಕು( ಇರುವE.ಲF. ಸದ ಕ ಯದ ಸ"#ನ ಈ4ನ KಾೆN 6ೆ:ೆಯನು% ಮಂಡ7 O:ಾFPಾಗಳವರ ಭೂ ಒ
ೆತನ ೕಜೆಯ ಉಪಸQಯ ಸIೆಯು .: 13-03-03 ರಂದು ಅನುRೕ.ಸS ಪ>2ೆ. ''
7. Clearly there is express bar in alienating the land subject matter of the said deed of sale.
The reliance placed on by the learned counsel for the petitioner on the order passed by the Co-ordinate Bench of this Court in W.P.No.13575/2023 is of no avail, inasmuch as the facts involving in the said matter and the present matter are distinct. 8. In the instant case, there is specific clause in the sale deed as noted above prohibiting alienation which was not found in the facts of the case in W.P.No.13575/2023. - 5 -
HC-KAR NC: 2026:KHC:27886 WP No.13586 of 2023
9. Further, petitioner has not challenged/questioned aforesaid clause in the sale deed prohibiting sale deed. The impugned endorsement dated 23.05.2023 has merely reiterated the aforesaid clause of the said deed of sale. 10. In that view of the matter, no error can be found. Petition lacks merits and same is disposed of. Sd/- (M.G.S. KAMAL) JUDGE
RL List No.: 1 Sl No.: 15