Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:32369 WP No. 6280 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 6280 OF 2026 (KLR-RES) BETWEEN:
1.
SRI. VENKATESH S/O LATE SMT. MUNIYAMMA, AGED ABOUT 58 YEARS, R/AT BYALAKERE VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK.
2.
SRI. RAMESH S/O LATE SMT. MUNIYAMMA, AGED ABOUT 55 YEARS, R/AT BYALAKERE VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK.
3.
SRI. SRINIVAS S/O LATE SMT. MUNIYAMMA, AGED ABOUT 53 YEARS, R/AT BYALAKERE VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK. …PETITIONERS (BY SRI. K.N. PHANINDRA, SENIOR COUNSEL FOR SRI. RISHAB TRAKROO, ADVOCATE)
Digitally signed by V MANJUSHA BAI Location:
HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:32369 WP No. 6280 of 2026
AND:
1.
STATE OF KARNATAKA, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU 560 001.
2.
THE DEPUTY COMMISSIONER, BENGALURU NORTH TALUK, BEHIND KANDAYA BHAVANA, K.G. ROAD, BENGALURU-560 009.
3.
THE SPECIAL DEPUTY COMMISSIONER, BENGALURU NORTH TALUK, BEHIND KANDAYA BHAVANA, K.G. ROAD, BENGALURU-560 009.
4.
THE TAHSILDAR, NO.15, 4TH FLOOR, ABOVE SHARAVATHI HOTEL, YELAHANKA-560 064, BENGALURU NORTH TALUK.
5.
SRI. ANJINAPPA, S/O LATE MUNIYALLAPPA, R/AT NO.100/1, GUDDADAHALLI MAIN ROAD, BENGALURU - 560 032.
6. COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY (BDA), T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU - 560 020.
7.
SRI. CHINNAPPA REDDY, SINCE DEAD REP. BY LRS
- 3 -
HC-KAR NC: 2026:KHC:32369 WP No. 6280 of 2026
SRI SHESHADRI REDDY S/O LATE G. CHINNAPPA REDDY, R/AT BYALAKERE VILLAGE, HESARAGHATTA HOBLI, YELAHANKA TALUK, BENGALURU.
8.
SMT. A. RAJAMMA, W/O LATE A. SUBRAMANYAM REDDY, R/AT NO.77, 17TH 'A' CROSS, 8TH MAIN, MUTHYALA NAGAR, BENGALURU - 560 054.
9.
SRI. SRINIVASULU REDDY ABBU, S/O LATE A. SUBRAMANYAM REDDY, R/AT NO.77, 17TH 'A' CROSS, 8TH MAIN, MUTHYALA NAGAR, BENGALURU - 560 054.
10. SRI. ABBU SAMBASIVA REDDY, S/O LATE A. SUBRAMANYAM REDDY, RESPONDENT NOS.9 TO 11 ARE R/AT NO.77, 17TH 'A' CROSS, 8TH MAIN, MUTHYALA NAGAR, BENGALURU 560 054. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1 TO R4;
SRI. B.S. KARTHIKEYAN, ADVOCATE FOR R6 (VC);
SRI. D. NAGARAJA REDDY, ADVOCATE FOR R7;
SRI. SANGAMESH G. PATIL, ADVOCATE FOR R8, R9 AND R10;
R5 SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
- 4 -
HC-KAR NC: 2026:KHC:32369 WP No. 6280 of 2026
QUASH THE IMPUGNED
ORDER DATED 30.01.2025 (ANNEXURE-A) PASSED BY THE SPECIAL DEPUTY COMMISSIONER, AS BEING WITHOUT JURISDICTION, CONTRARY TO THE FINAL ADJUDICATION DATED 04.03.2006, AND A COLOURABLE EXERCISE OF POWER AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
The land which is the subject matter of the writ petition has been granted in favour of one Anjanappa in the year 1978. Admittedly, the revenue document subsequent to the grant stood in the name of the said Anjanappa. In the year 2005, the said Anjanappa took permission and sold the property in favour of respondent No.7. At that time, the petitioners herein made a representation to the Deputy Commissioner (respondent
- 5 -
HC-KAR NC: 2026:KHC:32369 WP No. 6280 of 2026
No.2) to change the revenue entries into their names. Their contention is that the land ought not to have been granted in favour of Anjanappa, but it ought to have been granted in favour of the grandmother of the petitioner and Anjanappa played fraud in the year 1978 and got the same granted in his favour. They also rely upon a letter written by respondent No.2 to respondent No.3 which states that on the face of it there appears to be an error in granting the grant in favour of the said Anjanappa. However, since then, the proceedings have terminated in favour of Anjanappa and subsequent purchasers before respondent No.4 - the Tahsildar. The same has attained finality. 2. Thereafter, the petitioners have executed a deed of confirmation in respect of the property sold in favour of the subsequent purchasers, wherein they have alienated all their rights, if any in favour of the subsequent purchasers. Presently, the property has been acquired by the Bangalore Development Authority for formation of
- 6 -
HC-KAR NC: 2026:KHC:32369 WP No. 6280 of 2026
Dr.Shivaramkaranth Layout. At this juncture, the petitioners once again made a claim to the compensation to be awarded. As the same has not been considered, the present writ petition is filed with the following prayers:
"(a) ISSUE a writ of certiorari or any other appropriate writ, order or direction quashing the impugned order dated 30.01.2025 (Annexure-A) passed by the Special Deputy Commissioner, as being without jurisdiction, contrary to the final adjudication dated 04.03.2006, and a colourable exercise of power; (b) ISSUE a writ of mandamus directing Respondent Nos.
1 to 4 to give effect to and act in accordance with the final findings recorded in the 2006 proceedings, and to refrain from treating the grant in favour of Respondent No.5 as genuine or valid in any proceedings under Section 136(3) of the Karnataka Land Revenue Act; (c) ISSUE a writ of mandamus directing Respondent Nos. 1 to 4 to treat Respondent No.5 as having no lawful entitlement either as a grantee or as a land-loser, in view of his sworn
- 7 -
HC-KAR NC: 2026:KHC:32369 WP No. 6280 of 2026
admission that he is not the son of the original grantee; (d) ISSUE a writ of mandamus directing Respondent Nos. 1 to 4 and all subordinate authorities to ignore and not act upon the claims set up by Respondent Nos. 7 to 10 for the purpose of mutation, recognition as land-losers, compensation, allotment, or any other statutory benefit, such claims being founded on the impugned order and tainted transactions; (e) ISSUE a writ of mandamus directing the Bengaluru Development Authority to recognise only the legal representatives of the original grantee, Dodda Muniswamy, as lawful land- losers and to process and disburse compensation and/or allotment (including Final Award Amount, if development is dropped) forthwith in accordance with law, without reference to or consent from Respondent Nos. 5 and 7 to 10; (f) ISSUE such further or other writs, orders or directions as this Hon'ble Court may deem fit in the interests of justice and equity."
- 8 -
HC-KAR NC: 2026:KHC:32369 WP No. 6280 of 2026
3. Admittedly, the land stood in the name of Anjanappa since 1978 and the petitioners did not take any steps to have the same rectified till 2005.
Thereafter, when the said Anjanappa took necessary permission from the authorities concerned and sold it in favour of the subsequent purchasers, the petitioners have filed application alleging fraud said to have been committed in the year 1978, for the first time in the year 2005, after a lapse of 27 years and have been successful in making the subsequent purchasers pay them money and execute the confirmation deed. Once, such confirmation deed is executed, even if they have any right in the property stands extinguished. Then, subsequently, when the property is sought to be acquired for the purpose of Dr.Shivaramkaranth Layout, again they have sought to make a claim for the compensation. This Act of the petitioners, under the given peculiar
facts and circumstances of the case can be considered only as an act to extort money from the legitimate owners, without
- 9 -
HC-KAR NC: 2026:KHC:32369 WP No. 6280 of 2026
having any right, title or interest over the property concerned.
4. For the aforementioned reasons, the Writ Petition is hereby dismissed.
Sd/- (M.I.ARUN) JUDGE
CH List No.: 1 Sl No.: 63