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2026 DAILYLAW 25032 (KAR)

SRI.H.R.NAGARAJA RAO v. THE PRINCIPAL SECRETARY

WP/37805/2014 · 2026-06-17

R Nataraj

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29582 WP No. 37805 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 37805 OF 2014 (LA-KHB) BETWEEN: 1. SRI. H.R.NAGARAJA RAO S/O LATE H. RAMA RAO "SRI MADHAVA" NEAR LAVANYA SWIMMING POOL SHARADA MUNISHYAMAPPA LAYOUT M.V. EXTENSION HOSAKOTE 561 114 BANGALORE RURAL DISTRICT SINCE DECEASED REPRESENTED BY LRS. 1(a) SMT. SUDHA NAGARAJA RAO W/O LATE H.R.NAGARAJA RAO AGED ABOUT 75 YEARS, R/O NO.83, 5TH CROSS, T.G.EXTENSION HOSAKOTE-562114 BANGALORE RURAL DISTRICT. 1(b) DR. H.N.RAGHAVENDRA S/O LATE H.R.NAGARAJA RAO AGED ABOUT 45 YEARS, R/O SRI. MADHWA SSM LAYOUT, SIR M.V.EXTENSION, HOSAKOTE-562114 BANGALORE RURAL DISTRICT. 1(c) H.N.VASUDEVA S/O LATE H.R.NAGARAJA RAO AGED ABOUT 43 YEARS, Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29582 WP No. 37805 of 2014 R/O NO.83, 5TH CROSS, T.G.EXTENSION, HOSAKOTE-562114 BANGALORE RURAL DISTRICT. 1(d) SMT. SANDHYA NAGARAJ W/O NAGARAJ RAGHAVENDRAN AGED ABOUT 34 YEARS, C/O SMT. SUDHA NAGARAJA RAO NO.83, 5TH CROSS, T.G.EXTENSION, HOSKOTE-562114. …PETITIONERS (BY SRI. RAVIKANTH A., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE-560 009 2. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD CAUVERY BHAVAN K.G. ROAD BANGALORE-560 009 3. THE KARNATAKA LOKA AYUKTHA M.S. BUILDING BANGALORE-560 009 REPRESENTED BY ITS SECRETARY 4. THE VILLAGE ACCOUNTANT KANNUR REVENUE CIRCLE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE RURAL DISTRICT BANGALORE-562149. 5. TAHSILDAR BANGALORE EAST TALUK - 3 - HC-KAR NC: 2026:KHC:29582 WP No. 37805 of 2014 KRISHNARAJAPURA BANGALORE URBAN DISTRICT, BANGALORE-560036. 6. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE-560009. …RESPONDENTS (BY SRI. ADITYA DIWAKAR, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1, 4 TO 6; SRI. H.M.MANJUNATH, ADVOCATE FOR RESPONDENT NO.2; SRI. G.DEVARAJ, ADVOCATE FOR RESPONDENT NO.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS 1, 4, 5 AND 6 TO GRANT THE REVENUE DOCUMENTS AS SOUGHT FOR BY THE PETITIONER AT ANNEXURE-K AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner (since deceased) has sought for a direction to the respondent Nos.1, 4, 5 and 6 to grant the revenue documents as sought for by him and to constitute a High Level Committee to set-right the illegalities of the lands acquired in Chikkagubbi Village, Bidarahalli Hobli, Bengaluru East Taluk, Bengaluru. He has also sought for the entire records from the Office of the Special Deputy Commissioner for Inams Abolition, Kolar Circle, Kolar, regarding the Inam lands of Chikkagubbi - 4 - HC-KAR NC: 2026:KHC:29582 WP No. 37805 of 2014 Village and has sought for a direction to respondent No.2 not to disburse the compensation until the irregularities and illegalities are investigated. He has also sought for a direction to the respondents to grant the lands in Chikkagubbi Village to him. 2. (i) The petitioner claims that he is the legal heir of Sri. H. Rama Rao, the erstwhile Jodidhar of Chikkagubbi Village. He contends that after the enactment of the Mysore (Personal and Miscellaneous) Inam Abolition Act, 1954, his father was re-granted certain lands in Chikkagubbi Village. He claims that after the death of his father in the year 1991, he started enquiring about the lands owned by his ancestors and came to know that lands in Chikkagubbi Village belonged to him and his family members. Subsequently, in December 2006, he and his family members entered into a Memorandum of Understanding with one Sri. Sunil Jain for obtaining the documents and setting aside the irregularities in respect of their ancestral properties in Chikkagubbi Village. (ii) The respondent No.4 thereafter submitted a report to the respondent No.5 stating that there were irregularities and illegalities with respect to lands in Chikkagubbi Jodi Village - 5 - HC-KAR NC: 2026:KHC:29582 WP No. 37805 of 2014 and that there was a necessity to investigate the same to set- right the illegalities. The petitioner contends that the respondent No.4 mentioned in his report that the orders of the Special Inam D.C. pertaining to Sy.No.1 to Sy.No.107 of Chikkagubbi Village had to be re-verified and re-examined. He contends that the Revenue Inspector investigated the records and reiterated the findings of the respondent No.4. The Deputy Tahsildar, Bidarahalli Hobli, Bengaluru East Taluk, perused the reports and the findings of the respondent No.4 and accepted the same vide his report dated 11.07.2007 and submitted to the respondent No.5. The petitioner claims that with some efforts, he was able to obtain certain records relating to Sy.No.73 of Chikkagubbi Village, which was granted to his father. However, he realized that some interlopers had got their names entered in the revenue records relating to Sy.No.73. The petitioner then filed an appeal before the Assistant Commissioner, Bengaluru North Division. (iii) The petitioner thereafter made several representations before the revenue authorities for getting the illegalities regularized. However, there was no response from the respondent Nos.4 to 6. He then filed a complaint against - 6 - HC-KAR NC: 2026:KHC:29582 WP No. 37805 of 2014 the inaction of the revenue authorities before the Lokayukta, who informed him that it cannot interfere with respect to land in Sy.No.73 as the matter was seized before the Assistant Commissioner. The petitioner contends that in the meanwhile, respondent No.1 had issued a preliminary notification bearing No.PÀUÀȪÀÄA:¨sÀƸÁ髪ÀA/42/2012-13 dated 11.07.2013 to acquire the entire lands in Chikkagubbi Village. The petitioner submitted his objections against acquisition of his ancestral properties. The petitioner was called upon to furnish documents to substantiate his right over the land. The petitioner then filed an application before the authorities for obtaining revenue records pertaining to the Inam lands. However, the respondent No.5 has refused to provide the documents stating that each and every survey number and the case number should be specifically mentioned in the application. The petitioner is therefore before this Court seeking the above mentioned reliefs. 3. During the pendency of this petition, the petitioner died and his legal representatives are brought on record. 4. The learned counsel for the legal representatives of the petitioner submits that the petitioner is entitled to get his - 7 - HC-KAR NC: 2026:KHC:29582 WP No. 37805 of 2014 land regularized and the respondent Nos.1 and 2 are bound to proceed in accordance with law in so far as the acquisition of the said land is concerned. He also contended that it is the petitioner who alone is entitled to receive the compensation. 5. The writ petition is opposed by the respondent No.2, who has filed a statement of objections inter alia contending that a preliminary notification was issued on 11.07.2013 to acquire lands in Chikkagubbi Village and that the petitioner has filed objections to the said preliminary notification. It is also stated that the respondent No.2 has considered the objections on 01.01.2014. It is claimed that the entire lands notified in Chikkagubbi Village was withdrawn from acquisition as per the notification bearing No.42/2012-13 dated 28.10.2014. It is contended that this notification is pursuant to the decision of the respondent No.2 dated 02.09.2014. Therefore, it is contended that this writ petition has spent in itself as the notification is not proceeded with. 6. The learned counsel for the respondent No.2 reiterated the above contentions. - 8 - HC-KAR NC: 2026:KHC:29582 WP No. 37805 of 2014 7. The petitioner has sought for several reliefs in this petition, which not only concerns the acquisition, but also regarding certain illegalities in the maintenance of the revenue records in respect of lands in Chikkagubbi Village. The petitioner has specifically mentioned in the writ petition that in respect of Sy.No.73 which was earlier re-granted to his father, certain busy-bodies have got their names entered in the revenue records and that the same is questioned before the Assistant Commissioner. In view of the contention of the respondent No.2 that the proposed acquisition is withdrawn, it is appropriate to relegate the petitioner before the concerned revenue officers. At the same time, the respondent No.6 deserves to be directed to look into the illegalities in respect of the grant of land in Chikkagubbi Village, Bidarahalli Hobli, Bengaluru South Taluk, Bengaluru and redress the grievances of the petitioner. 8. In view of the aforesaid, this petition is disposed off directing the respondent No.6 to consider the grievances of the petitioner (since deceased represented by his legal representatives) and conduct a meaningful inquiry into the illegalities pointed out and after hearing the legal - 9 - HC-KAR NC: 2026:KHC:29582 WP No. 37805 of 2014 representatives of the petitioner, pass appropriate orders. This shall be complied within a period of six months from the date of receipt of a certified copy of this Order. The other reliefs sought for by the petitioner do not survive for consideration. Sd/- (R. NATARAJ) JUDGE PMR List No.: 1 Sl No.: 4