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2026 DAILYLAW 23673 (KAR)

G V DORESWAMY v. THE STATE OF KARNATAKA

WP/14062/2026 · 2026-06-11

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28187 WP No. 14062 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 14062 OF 2026 (LB-RES) BETWEEN: G V DORESWAMY SON OF LATE C VEERABHADRIAH, AGED ABOUT 81 YEARS, RESIDENT OF SHANTHIGRAMA VILLAGE, SHANTHIGRAMAHOBLI, HASSAN TALUK, HASSAN DISTRICT-573 220. …PETITIONER (BY SRI. KUSHAL GOWDA., ADVOCATE FOR SRI. N BYREGOWDA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, ROOM NO. 505, 5TH FLOOR, GATE - 3, MS BUILDING, DR. B.R. AMBEDKARVEEDHI, BENGALURU 5600 001. 2. THE PANCHAYATH DEVELOPMENT OFFICER SHANTIGRAMA GRAMA PANCHAYATH Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28187 WP No. 14062 of 2026 HASSAN DISTRICT-573 220. …RESPONDENTS (BY SRI.BOPANNA BELLIAPPA., AGA FOR R1; SRI. M.S. DEVARAJU., ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE ENDORSEMENT DATED 27.05.2024 PASSED IN GRAM. PANC. SHA. NO. 12/2024-25 BY THE R2 (ANNX- G); DIRECTING THE RESPONDENT NO.2 TO CONSIDER OF THE PETITIONERS REPRESENTATION DATED 07.10.2023 AND 17.05.2024 (ANNX-E AND F) AND REGISTERED KATHA IN FAVOUR OF PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner asserts ownership of what remains in the lands in Sy.Nos.443/4B, 447/4 of Shantigrama Village, Hassan District [for short, ‘the subject property’] after acquisition by National Highway Authority of India. The petitioner has filed a petition in W.P.No.7173/2025 [LB-RES] for direction to the authorities to issue katha for this subject property. During the pendency of the petition, the - 3 - HC-KAR NC: 2026:KHC:28187 WP No. 14062 of 2026 second respondent has issued Endorsement dated 27.05.2022 [Annexure-G], and the present petition is filed calling in question this Endorsement with this Court disposing of the petition in W.P.No.7173/2025 reserving liberty to challenge the same. The second respondent has issued the impugned Endorsement dated 27.05.2024 [Annexure-G] informing the petitioner that the subject property would be within forty [40] meters from the edge of National Highway and therefore, his application for revenue entries for the subject property is kept pending. Sri Kushal Gowda, the learned counsel for the petitioner, Sri Bopanna Belliappa, the learned Additional Government Advocate who is called upon to accept notice for the first respondent, and Sri.M.S.Devaraju, a learned standing counsel for the second respondent who is called upon to accept notice for this respondent, are heard for disposal of the petition. - 4 - HC-KAR NC: 2026:KHC:28187 WP No. 14062 of 2026 If there is no dispute that the petitioner is entitled to own the subject property because it is not part of the acquisition, the authorities must necessarily consider the petitioner's request for revenue entries therefor, and if the petitioner proposes any development or construction and if that is not permissible because it is within a certain buffer that should be from the edge of the National Highway, the decision in this regard must be taken at that stage. The Authorities cannot refuse revenue entries deferring an application filed for such entries. Therefore, the following: ORDER [A] The petition is allowed-in-part and the second respondent’s Endorsement dated 27.05.2024 [Annexure-G] is quashed restoring the petitioner's application for due consideration by the second respondent in the light of this Court's observation. - 5 - HC-KAR NC: 2026:KHC:28187 WP No. 14062 of 2026 [B] The petitioner is reserved with liberty to file a certified copy of this order within four [4] weeks from the date of receipt thereof and the second respondent is called upon to communicate the decision within the next eight [8] weeks. Sd/- (B M SHYAM PRASAD) JUDGE SA Ct:sr