- 1 - HC-KAR NC: 2026:KHC:33025 WP No. 37001 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 37001 OF 2025 (KLR-RES) BETWEEN: 1. SRI. PALAKSHAIAH C. S/O LATE CHENIGARANGAIAH, AGED ABOUT 43 YEARS. 2. SRI. NARASIYAPPA, S/O LATE THIMMAIAH, AGED ABOUT 48 YEARS. BOTH ARE R/AT BALLAPURA VILLAGE - 572 107 BELLAVI HOBLI, TUMAKURU TALUK AND DISTRICT. …PETITIONERS (BY SRI. V.B. SIDDARAMAIAH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU -560 001. REP. BY ITS PRINCIPAL SECRETARY. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33025 WP No. 37001 of 2025 2. THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, MINI VIDHANA SOUDHA, DR. B.R. AMBEDKAR ROAD, TUMAKURU - 572 101. 3. THE ASSISTANT COMMISSIONER, TUMAKURU SUB-DIVISION, MINI VIDHANA SOUDHA, DR. B.R. AMBEDKAR ROAD, TUMAKURU - 572 101. 4. THE TAHASILDAR, TALUK OFFICE, TUMAKURU TALUK, MINI VIDHANA SOUDHA, TUMAKURU DISTRICT - 572 101. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 07.11.2023 (OFFICIAL MEMORANDUM), ISSUED BY THE 2ND RESPONDENT, THE DEPUTY COMMISSIONER, (IN BEARING NO.LND(TMK)CR/183/2023-24)TUMAKURU DISTRICT DR. B.R. AMBEDKAR ROAD, TUMAKURU, WITH RESPECT TO LAND OF THE PETITIONERS AT SL.NO.4,5 AND 6, VIDE ANNEXURE-J; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP , THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:33025 WP No. 37001 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this Writ Petition, petitioners are assailing the Official Memorandum bearing No. LND(TMK)CR/183/2023-24, dated 07.11.2023 (Annexure-J) passed by respondent No.2. 2. It is submitted by Sri.V.B. Siddaramaiah, learned counsel appearing for the petitioners by referring to the letter dated 06.08.2025 (Annexure-F) addressed by the Assistant Executive Engineer, PWD Sub Division, Tumkur stating that the distance between Tumkur City and Ballapura Village is about 10.5 km and therefore, the finding recorded by the revenue authority is contrary to records and accordingly, sought for interference of this Court. 3. Per contra, Smt. B.P. Radha, learned Additional Government Advocate appearing for the respondents, submitted that the authorities had to take decision with reference to the Circular bearing No.KAM.E.40 LGP 2018, dated 25.10.2018, and as the land in question lies within 10Kms., and therefore, sought for dismissal of the Writ Petition. - 4 - HC-KAR NC: 2026:KHC:33025 WP No. 37001 of 2025 4. In view of the letter at Annexure-F and the submissions made by the learned counsel appearing for the parties, on careful consideration of the writ papers would indicate that the impugned Official Memorandum dated 07.11.2023 (Annexure-J) has been passed stating that land in question which has been sought for grant by the petitioner, is within 10 Kms. from Tumakuru City. However, the perusal of the letter dated 06.08.2025 addressed by the Assistant Executive Engineer, Public Works Department, would indicate that the Ballapura Village is situate beyond 10 Kms. from Tumakuru City. 5. In that view of the matter, the matter requires reconsideration by the competent authority so that, no legal injury would be caused to the petitioner and accordingly, I pass the following: ORDER (i) The Writ Petition is allowed. (ii) The impugned Official Memorandum bearing No. LND(TMK)CR/183/2023-24, dated 07.11.2023 (Annexure-J) - 5 - HC-KAR NC: 2026:KHC:33025 WP No. 37001 of 2025 passed by the respondent No.2, (in so far as the petitioners herein are concerned), is hereby set aside. (iii) Without expressing any opinion on the merits of the case, the matter is remitted to respondent No.2 with a direction to reconsider the issue afresh and pass appropriate order by taking into consideration the relevant Circulars, within an outer limit of four months from the date of receipt of certified copy of this order. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 55