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2026 DAILYLAW 23654 (KAR)

SMT GOWRAMMA v. STATE OF KARNATAKA

WP/14916/2026 · 2026-06-22

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:31791 WP NO.14916 OF 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.14916 OF 2026 (KLR-RES) BETWEEN: 1. SMT. GOWRAMMA W/O LATE SAMPAGERE KRISHNAPPA, AGED ABOUT 68 YEARS. 2. SRI. G.K. LAXMINARAYANA, S/O LATE SAMPAGERE KRISHNAPPA, AGED ABOUT 51 YEARS. 3. SRI. K. SRINIVAS, S/O LATE SAMPAGERE KRISHNAPPA, AGED ABOUT 49 YEARS. 4. SRI. K. VENKATAPATHI S/O LATE SAMPAGERE KRISHNAPPA, AGED ABOUT 47 YEARS. 5. SMT. HEMAVATHI D/O LATE SAMPAGERE KRISHNAPPA AGED ABOUT 43 YEARS. 6. SMT. PREMA S/O LATE SAMPAGERE KRISHNAPPA, AGED ABOUT 39 YEARS. ALL ARE RESIDENTS OF GANAGALURU VILLAGE, ANAGONDANAHALLI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT, BENGALURU - 563 130. …PETITIONERS (BY SRI. BIPIN HEGDE, ADVOCATE FOR SRI. KARTHIK V., ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31791 WP NO.14916 OF 2026 AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDINGS, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, ZILLADALITHA BHAVAN, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, BENGALURU - 562 110. 3. THE ASSISTANT COMMISSIONER, DODDABALLAPUR SUB-DIVISION, DODDABALLAPUR, BENGALURU RURAL DISTRICT, BENGALURU - 561 203. 4. THE TAHSILDAR, HOSAKOTE TALUK, HOSAKOTE, BENGALURU RURAL DISTRICT, BENGALURU - 562 114. …..RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 12TH SEPTEMBER, 2025 PASSED IN CASE NO.LND(A)CR:309/2024 BY THE RESPONDENT NO.4- TAHSILDAR, HOSAKOTE VIDE ANNEXURE-L AND DIRECT THE RESPONDENT NO.4 TO FORTHWITH COMPLY WITH THE ORDER DATED 19TH MARCH, 2018 PASSED BY THE RESPONDENT NO.3- ASSISTANT COMMISSIONER IN CASE NO.RA(H)97/2017-18 VIDE ANNEXURE-H; AND ETC. - 3 - HC-KAR NC: 2026:KHC:31791 WP NO.14916 OF 2026 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, petitioners are challenging the order dated 12th September, 2025 (Annexure-L) passed by the respondent No.4 in Case No.LND(A)CR:309/2024; inter alia sought for a direction to the respondent No.4 to forthwith comply with the order dated 19th March, 2018 (Annexure-H) passed by the respondent No.3-Assistant Commissioner in Case No.RA(H)97/2017-18. 2. Heard Sri. Bipin Hegde, learned counsel on behalf of Sri. Karthik V., appearing for petitioners and Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents. 3. Sri. Bipin Hegde, learned counsel appearing for petitioners invited the attention of the Court to the order dated 04th September, 2024 (Annexure-K) passed by this Court in Writ Petition No.7170 of 2023 c/w Writ Petition No.22576 of 2022 and submitted that the matter was remitted by this Court to the competent authority to consider the claim of the - 4 - HC-KAR NC: 2026:KHC:31791 WP NO.14916 OF 2026 petitioners in the light of order dated 19th March, 2018 (Annexure-H). Learned counsel further submits that the petitioners herein have filed contempt petition before this Court in C.C.C. No.1079 of 2025 and the said contempt petition was disposed of on 01st April, 2026 (Annexure-M). Therefore, it is submitted that the impugned order has been passed by the respondent No.4, who has no jurisdiction to pass the impugned order dehors the order passed by the respondent No.3 dated 19th March, 2018 (Annexure-H). Accordingly, he sought for interference of this Court. 4. Per contra, Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents submits that, pursuant to the order passed by this Court, the respondent No.4 has considered the entire proceedings on merits and passed the impugned order. Accordingly, he sought for dismissal of the petition. 5. In the light of submission made by the learned counsel appearing for the parties and on careful consideration of the order dated 19th March, 2018 (Annexure-H) passed by the respondent No.3, the same would indicate that the direction - 5 - HC-KAR NC: 2026:KHC:31791 WP NO.14916 OF 2026 was issued to the competent authority to mutate the name of the petitioners herein in respect of the subject land by securing all the original records. Thereafter, the order has been passed by the competent authority under Section 71 of the Karnataka Land Revenue Act allotting subject land for Ashraya Scheme and the said order was questioned before this Court in Writ Petition No.7170 of 2023 c/w Writ Petition No.22576 of 2022. This Court, by order dated 04th September, 2024 (Annexure-K) disposed of the petition. The operative portion of the said order reads as under: O R D E R (i) W.P.No.7170/2023 is allowed and the impugned order dated 28.02.2023 passed by the respondent No.2/Deputy Commissioner as per Annexure- A is quashed and set-aside; (ii) W.P.No.22576/2022 is allowed-in-part. The respondents shall consider the recommendation made by the respondent No.2/Assistant Commissioner as per Annexure-J and after verifying the records shall pass appropriate orders in accordance with law; (iii) This order will not come in the way of the competent authority to hold an enquiry to ascertain whether the grant is genuine; - 6 - HC-KAR NC: 2026:KHC:31791 WP NO.14916 OF 2026 (iv) This exercise shall be accomplished within a period of six months from the date of receipt of a copy of this order; (v) Pending I.As., if any, do not survive for consideration and stand disposed of accordingly." 6. It appears that, in pursuance of the aforesaid order passed by this court, the competent authority has not taken any decision and as such, petitioners filed contempt petition in C.C.C. No.1079 of 2025 before this Court and in the interregnum period , the respondent No.4 passed the impugned order dated 12th September, 2025 (Annexure-L) to avoid the orders against him in the contempt proceedings. Perusal of the impugned order dated 12th September, 2025 (Annexure-L) passed by the respondent No.4, the same would indicate that, a fair opportunity has not been extended and no notice has been issued to the petitioners and that apart, the impugned order has been passed, without considering the earlier order passed by the respondent No.3 dated 19th March, 2018 (Annexure-H). In that view of the matter, I find force in the submission made by learned counsel appearing for petitioners. Therefore, I am of the considered opinion that the matter requires reconsideration by the respondent No.4. Accordingly, the - 7 - HC-KAR NC: 2026:KHC:31791 WP NO.14916 OF 2026 matter is remitted back to the respondent No.4-Tahsildar to consider the issue afresh and take decision in the matter in terms of order dated 04th September, 2024 (Annexure-K) passed by this Court in Writ Petition No.7170 of 2023 C/w Writ Petition No.22576 of 2022, within a period of one month from the date of receipt of this order. It is made clear that, while considering the claim of petitioners, the respondent No.4 shall take in to account the order dated 19th March, 2018 (Annexure- H) passed by the respondent No.3. Accordingly, writ petition is disposed of. Sd/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 72