- 1 - HC-KAR NC: 2026:KHC:33796 WP No. 16674 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 16674 OF 2026 (KLR-RES) BETWEEN: SRI. BHAGWAN RAMU SALE S/O. RAMU MASAJI SALE, AGED ABOUT 55 YEARS, R/AT 1ST CROSS, SRIDHAR NAGARA, SAGAR TOWN, SHIVAMOGGA DISTRICT - 577 401. …PETITIONER (BY SRI. M. RAMASWAMY, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMMENT OF REVENUE M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER SHIVMOGGA DISTRICT SHIVAMOGGA - 577 201. 3. THE ASSISTANT COMMISSIONER SAGAR SUB-DIVISION, SAGAR SHIVAMOGGA - 577 401. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33796 WP No. 16674 of 2026 4. THE TAHSILDAR, SAGAR TALUK, SAGAR SHIVAMOGGA - 577 401. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) CALL FOR THE RECORDS IN CASE NO.LND(2) SR 200/2011-12 AND LND (2) SR 244/2012-13 ON THE FILE OF THE 2ND RESPONDENT AND TO ISSUE WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 14/02/2019 PASSED BY THE 2ND RESPONDENT AT ANNX-A AND ALSO TO SET ASIDE THE FILE OF THE APPELLATE ORDER DATED 08/01/2026 PASSED IN REVENUE APPEAL NO.7/2025 ON KARNATAKA APPELLATE TRIBUNAL, BENGALURU, ANNX-B IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned HCGP accepts notice for respondents. 2. In this writ petition, petitioner is assailing the order dated 14.02.2019 (Annexure-A) passed by the - 3 - HC-KAR NC: 2026:KHC:33796 WP No. 16674 of 2026 respondent No.2 and order dated 08.01.2026 in Revenue Appeal No.7/2025 on the file of the Karnataka Appellate Tribunal, Bengaluru (Annexure-B) inter alia sought for direction to the respondents to assist the petitioner to take back a possession of the land in question. 3. It is submitted by the learned counsel appearing for the petitioner that both the respondents have committed an error in passing the impugned orders by cancelling of the grant order dated 16.12.1986 and both the authorities have committed an error in not considering the fact that a land in question was disbursed by some people and as such the petitioner has filed O.S No.133/2005 which came to be decreed on 27.07.2010 and same has reached finality in view of the judgment and decree in R.A No.246/2010 and therefore it is contended by the learned counsel appearing for the petitioner that the impugned orders passed by the respondent authorities requires to be set aside. - 4 - HC-KAR NC: 2026:KHC:33796 WP No. 16674 of 2026 4. Per contra, learned HCGP submitted that though the grant has been made in favour of the petitioner on 16.12.1986 with a condition that the petitioner has to establish the rice mill within three years from the date of grant. However, the said condition has not been complied with by the petitioner and accordingly sought for dismissal of the petition. 5. In the light of the submission made by the learned counsel appearing for the parties, it is not in dispute that the Government has passed an order dated 16.12.1986 granting the converted land to the extent of 2 acres in survey No.36 of Bheemaneri Village, Kasaba Hobli, Sagar Taluk, Shivamogga District, for an upset price of Rs.1,000/- per acre. It is forthcoming from the finding recorded by the authorities that, the petitioner herein has not taken steps to comply with the conditions stipulated in the order of grant to establish the rice mill within a particular period. - 5 - HC-KAR NC: 2026:KHC:33796 WP No. 16674 of 2026 6. It is also forthcoming that the petitioner has filed O.S No.133/2005 before the competent Civil Court against some trespassers which came to be decreed in favour of the petitioner ultimately before this Court in RSA No.632/2015. On careful consideration of the order of grant wherein it is stated that the petitioner has to establish rice mill within a period of 3 years from the date of grant. However, from the date of grant i.e. on 16.12.1986 till the year on which the suit has been filed, the petitioner has not taken steps to comply with the condition in the order of grant. 7. In that view of the matter, the reasons assigned by the Karnataka Appellate Tribunal is just and proper. Therefore, I do not find any merit in the matter. Accordingly, writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE VS List No.: 1 Sl No.: 17