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2026 DAILYLAW 22092 (KAR)

SRI. MUNIYELLAPPA v. THE ASST. COMMISSIONER

WP/7690/2020 · 2026-06-15

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28760 WP NO.7690 OF 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.7690 OF 2020 (LR) BETWEEN: SRI. MUNIYELLAPPA S/O LATE YELLIGA @ YELLAPPA, AGED ABOUT 65 YEARS, R/AT KODICHIKKANAHALLI, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 068. …PETITIONER (BY SRI. PRAKASH K.A., ADVOCATE) AND: 1. THE ASST. COMMISSIONER BENGALURU SOUTH DIVISION, KANDAYA BHAVAN, BENGALURU - 560 009. 2. MR. U.S. VENKATARAM S/O LATE U.V. SRINIVASA RAO, AGE: MAJOR, R/AT CHIKKA MAVALLI, BENGALURU - 560 004. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 30TH APRIL, 2003 PASSED BY THE RESPONDENT NO.1 IN CASE NO.LRF(7A)131/2000-01 VIDE ANNEXURE-H; QUASH THE ORDER DATED 22ND MARCH, 2019 PASSED IN APPEAL NO.56/2006 (REVENUE) ON THE FILE OF Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28760 WP NO.7690 OF 2020 THE KARNATAKA APPELLATE TRIBUNAL VIDE ANNEXURE-K AS THE SAME ARE ILLEGAL, ARBITRARY AND WITHOUT THE AUTHORITY OF LAW; DIRECT THE RESPONDENT NO.1 TO GRANT OCCUPANCY RIGHTS TO THE PETITIONER IN RESPECT OF THE LAND BEARING SURVEY NO.22/2 MEASURING 1 ACRE 15 GUNTAS IN KODICHIKKANAHALLI VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK AS PER THE PROVISIONS OF THE KARNATAKA LAND REFORMS ACT; 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 In this petition, the petitioner is challenging the order dated 30th April, 2003 (Annexure-H) passed by the respondent No.1 in case No.LRF(7A)131/2000-01 and order dated 22nd March, 2019 (Annexure-K) passed in Appeal No.56/2006 (Revenue) on the file of the Karnataka Appellate Tribunal, Bengaluru; inter alia sought for direction to the respondent No.1 to grant occupancy rights to the petitioner in respect of the land bearing Survey No.22/2 measuring 1 acre 15 guntas in Kodichikkanahalli Village, Begur Hobli, Bengaluru South Taluk as per the provisions of the Karnataka Land Reforms Act. - 3 - HC-KAR NC: 2026:KHC:28760 WP NO.7690 OF 2020 2. Heard Sri. Prakash K.A., learned counsel appearing for the petitioner and Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondent No.1. 3. Having heard the learned counsel appearing for the parties, on careful consideration of the impugned order dated 30th April, 2003 passed by the respondent No.1, the same would indicate that the application made by the petitioner seeking occupancy right in respect of the land in question has been rejected. On perusal of the finding recorded at paragraphs 7 and 8 in the impugned order dated 22nd March, 2019 (Annexure-K) passed by Karnataka Appellate Tribunal in Appeal No.56/2006 (Revenue), it is forthcoming that, earlier the father of the petitioner has filed application seeking occupancy right by filing the Form No.7, which came to be rejected. In that view of the matter, following the law declared by this Court in the case of SHAMBU ESHWAR GOWDA AND ANOTHER vs. THE LAND TRIBUNAL AND OTHERS made in Writ Petition No.23409 of 2018 decided on 25th July, 2022, I am of the view that the present writ petition does not survive for consideration as the petitioner cannot maintain an - 4 - HC-KAR NC: 2026:KHC:28760 WP NO.7690 OF 2020 application for grant of the same land which is rejected earlier. Therefore, no interference be called for in this petition. Accordingly, writ petition is dismissed. In view of disposal of the writ petition, pending applications does not survive for consideration. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 2