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2026 DAILYLAW 26413 (KAR)

SRI BABU SABI H v. STATE OF KARNATAKA

WP/25468/2023 · 2026-07-01

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32701 WP NO.25468 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.25468 OF 2023 (KLR-LG) BETWEEN: SRI. BABU SABI H. S/O HUSEAN SAB, AGED ABOUT 52 YEARS, R/AT NO.100, NEAR AIRTEL TOWER, YENIGADALE, CHINTAMANI, CHIKKABALLAPURA DISTRICT - 563 125. …PETITIONER (BY SMT. SUNITHA H. SINGH, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY THE SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU - 560 001. 2. THASILDAR CHINTAMANI TALUK, CHIKKBALLAPURA DISTRICT - 563 125. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER AT THE EARLIEST AND THEREAFTER DISPOSE OF THE MATTER OF GRANTING THE LAND TO THE PETITIONER I.E., THE PROPERTY BEARING SURVEY NO.70 OF MOTTAMAKLA HALLI, CHINTAMANI TALUK AND SURVEY NO.5 OF M. MUDDALLAHALLI GRAMA, CHINTAMANI TALUK; QUASH THE ENDORSEMENT DATED 29TH DECEMBER, 2022 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-A; AND ETC. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32701 WP NO.25468 OF 2023 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, the petitioner is challenging the Endorsement dated 29th December, 2022 (Annexure-A) issued by the respondent No.2; inter alia sought for a direction to the respondent No.2 to consider the case of the petitioner for grant of property bearing Survey No.70 of Mottamakala Halli, Chilakalanerpu Hobli, Chintamani Taluk and Survey No.5 of M. Muddallahalli Grama, Chilakalanerpu Hobli, Chintamani Taluk. 2. Heard Smt. Sunitha H. Singh, learned counsel appearing for the petitioner and Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents. 3. Having heard the learned counsel appearing for the parties and on careful perusal of the impugned endorsement issued by the respondent No.2, it is forthcoming that the petitioner has made an application, seeking grant of land under the Ex-servicemen quota. In the impugned endorsement, the respondent No.2 had stated that, there is no land available in - 3 - HC-KAR NC: 2026:KHC:32701 WP NO.25468 OF 2023 the Chintamani Taluk to grant in favour of the petitioner. The said reason cannot be accepted as to grant of any other land available in the Chinthamani Taluk in favour of the petitioner. Therefore, I am of the view that the respondent No.2 shall reconsider the issue afresh and take decision in the matter. It is to be noted that, while considering the application made by the petitioner, it is open for the petitioner to furnish the details as to any other land available in the vicinity of Chintamani Taluk to enable the respondent No.2 to grant the land in favour of the petitioner. Accordingly, I pass the following: ORDER (i) Writ Petition allowed; (ii) Endorsement dated 29th December, 2022 (Annexure-A) issued by the respondent No.2 is hereby quashed and the matter is remitted back to the respondent No.2 to reconsider the issue afresh in terms of the observation made above, within a period of three months from the date of receipt of this order. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 52