A RATHNAVELU v. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA
WP/18847/2022 · 2026-07-14
E S Indiresh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 29792 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 29792 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:35629 WP No. 28104 of 2023 C/W WP No. 18847 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 28104 OF 2023 (KLR-RES) C/W WRIT PETITION NO. 18847 OF 2022 (KLR-RR/SUR)
IN WP No. 28104/2023 BETWEEN:
1. GANAPATIYAPPA @ GANAPATHI S/O LATE DYAVAPPA AGED ABOUT 59 YEARS R/AT NO.9, BASAVANABYANA BARUR POST, KASBA HOBLI SAGAR TALUK SHIVAMOGGA DISTRICT - 577 437 ADHAR CARD NO. 691749795275. 2. SMT. KOLLAMMA W/O LATE DYAVALPPA AGED ABOUT 66 YEARS R/AT PURUDAL VILLAGE SHIVAMOGGA - 577204 ADHAR CARD NO. 5043 3011 4595. 3. NAGAMMA SINCE DECEASED REP. BY LRS. 3(a). HOOVAPPA K.
S/O LATE NAGAMMA AND LATE KARINAIK AGED ABOUT 62 YEARS
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:35629 WP No. 28104 of 2023 C/W WP No. 18847 of 2022
3(b). ANANDAPPA S/O LATE NAGAMMA AND LATE KARINAIK. AGED ABOUT 64 YEARS. 3(c). G.K. SATISH S/O LATE NAGAMMA AND LATE KARINAIK. AGED ABOUT 54 YEARS. PETITIONERS NO.3(a) TO 3(c) ARE R/AT KUDI VILLAGE, THAMMADI HALLI, SIRIGERE POST, SHIVAMOGGA TALUK, SHIVAMOGGA - 577 211. 3(d). SMT. RENUKAMMA W/O GANAPATHY D/O LATE NAGAMMA AND LATE KARINAIK AGED ABOUT 51 YEARS R/O SHARAVATHY COLONY KATTIGAHALLI, KALAMANE SHIVAMOGGA - 577 214. 3(e). UMESH G.K.
S/O LATE NAGAMMA AND LATE KARINAIK. AGED ABOUT 52 YEARS. 3(f). NAGARAJA K., S/O LATE NAGAMMA AND LATE KARINAIK. AGED ABOUT 50 YEARS. 3(g). MANJAPPA K.
S/O LATE NAGAMMA AND LATE KARINAIK. AGED ABOUT 47 YEARS
- 3 -
HC-KAR NC: 2026:KHC:35629 WP No. 28104 of 2023 C/W WP No. 18847 of 2022
PETITIONERS NO.3(e) TO 3(g) ARE R/AT KUDI VILLAGE, THAMMADI HALLI, SIRIGERE POST, SHIVAMOGGA TALUK, SHIVAMOGGA - 577 211. 4. RAMAPPA N.M S/O LATE MANJA NAIK AGED ABOUT 62 YEARS R/AT CHITRA SHETTYHALLI, HAHIHOLE POST, KASABA HOBLI, SHIVAMOGGA - DISTRICT SHIVAMOGGA - 577 702 ADHAR CARD NO. 8881 0351 6535. 5. SMT. NAGAMMA W/O LATE SOORAPPA AGED ABOUT 73 YEARS R/AT PRUDAL VILLAGE KASABA HOBLI SHIVAMOGGA TALUK & DISTRICT SHIVAMOGGA - 577204 ADHAR CARD NIO. 5150 00397003. 6. VENKATESH C.
S/O LATE CHINNADORAI A AGED ABOUT 61 YEARS R/AT NO. 4/108 3RD MAIN,2ND CROSS VENKATESH NAGAR SHIVAMOGGA TALUK & DISTRICT SHIVAMOGGA - 577 201 ADHAR CARD NO. 2259 8800 7821. 7.
A. SHEKAR S/O LATE AAKASH AGED ABOUT 54 YEARS RA/T KUMBARA BEEDHI KASABA HOBLI
- 4 -
HC-KAR NC: 2026:KHC:35629 WP No. 28104 of 2023 C/W WP No. 18847 of 2022
SHIVAMOGGA TALUK AND DISTRICT ADHAR CARD NO. 8425 1594 3964. 8. ZAILA BUDDHIN AGED ABOUT 76 YEARS W/O LATE T.M.K. PEERSAB R/AT GOPALAGOWDA BADAVANE VIJAYANGAR KASABA HOBLI SHIVAMOGGA TALUK AND DISTRICT ADHAR CARD NO. 7088 4140 8632. 9. B. RAMAPPA S/O LATE BAIRANAIK AGED ABOUT 60 YEARS R/AT HANUMANTHAPURA PURUDAL VILALGE KASABA HOBLI SHIVAMOGGA TALUK AND DISTRICT SHIVAMOGGA - 577 204 ADHAR CARD NO. 6877 7557 2995. 10. M. PUTTAPPA S/O LATE MANJANAIKA AGED ABOUT 80 YEARS R/AT PURUDAL VILALGE KASABA HOBLI, SHIVAMOGGA TALUK AND DISTRICT SHIVAMOGGA - 577 204 ADHAR CARD NO. 8426 3087 3738. 11. HALAMMA SINCE DECEASED REP. BY LRS. 11(a). M.T. BASAVARAJU S/O LATE HALAMMA AND THIMMANAIKA AGED ABOUT 65 YEARS. 11(b). M.T. NAGARAJ
- 5 -
HC-KAR NC: 2026:KHC:35629 WP No. 28104 of 2023 C/W WP No. 18847 of 2022
S/O LATE HALAMMA AND THIMMANAIKA AGED ABOUT 56 YEARS. 11(c). M.T. KRISHNAMURTHY S/O LATE HALAMMA AND THIMMANAIKA AGED ABOUT 58 YEARS. 11(d). SMT. RATHNAMMA W/O BASAPPA D/O LATE HALAMMA AND THIMMANAIKA AGED ABOUT 56 YEARS. 11(e). M.T. CHANDRU S/O LATE HALAMMA AND THIMMANAIKA AGED ABOUT 52 YEARS
…PETITIONERS (BY SRI. SHIVARAMU H.C., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BYITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER (REVENUE) SHIVAMOGGA DISTRICT SHIVAMOGGA - 577 201. 3. THE ASSISTANT COMMISSIONER
- 6 -
HC-KAR NC: 2026:KHC:35629 WP No. 28104 of 2023 C/W WP No. 18847 of 2022
SHIVAMOGGA SUB DIVISION SHIVAMOGGA - 577 201. 4. THE THASILDAR SHIVAMOGGA TALUK SHIVAMOGGA DISTRICT SHIVAMOGGA - 577 201. 5. THE DEPUTY DIRECTOR OF LAND RECORDS SHIVAMOGGA DISTRICT SHIVAMOGGA - 577 201. …RESPONDENTS (BY SRI.
SPOORTHY HEGDE N., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CONSIDER THE REPRESENTATIONS PRODUCED ANNEXURE-G DATED 25.08.2023, ANNEXURE-G1, G5, G7 DATED 09.11.2022 ANNEXURE-G2 DATED 11.08.2022 ANNEXURE-G3, G4, G6, G8 G9, G11 , G13, G15, G16 DATED 25.08.2023 AND ANNEXURE- G10 AND G12 DATED 17.12.2022 ANNEXURE-G14 DATED 28.08.2023 PRODUCED ALL ANNEXURE DIRECTING THE RESPONDENTS NO.3 AND 4 TO MUTATE THE NAMES OF THE PETITIONERS BY ISSUING RTC IN RESPECT OF THE LANDS BEARING SY NOS. 7 AND 8 TO THE EXTENTS SHOWN IN THE SAID REPRESENTATIONS IN TERMS OF THE RTC AND MUTATION
ORDER DATED 27.01.2015
PRODUCED AT ANNEXURE-H AND H1 IN THE IDENTICAL CIRCUMSTANCES FORTHWITH; AND ETC. - 7 -
HC-KAR NC: 2026:KHC:35629 WP No. 28104 of 2023 C/W WP No. 18847 of 2022
IN WP NO. 18847/2022 BETWEEN:
1. A RATHNAVELU AGED ABOUT 55 YEARS, S/O P. ARMUGAM RESIDING AT WARD NO.21, NEAR CHOWDESHWARI TEMPLE, KUMBARA GUNDI SHIVAMOGGA - 577201. 2. KANNAGOUNDER AGED ABOUT 83 YEARS, S/O VELUGOUNDER RESIDING AT HOSUDI FARM SHIVAMOGGA. 3. SANKAIYA AGED ABOUT 78 YEARS, S/O SUBAIYAGOUNDAR RESIDING AT SOLLEBAILU SHIVAMOGGA. 4. BARMAPPA AGED ABOUT 82 YEARS, S/O DURUGAPPA RESIDING AT VINOBHANAGAR SHIVAMOGGA. 5. SANDESH GOUNDER AGED ABOUT 86 YEARS, S/O MURUGAN RESIDING AT GOPALAGOWDA LAYOUT SHIVAMOGGA. - 8 -
HC-KAR NC: 2026:KHC:35629 WP No. 28104 of 2023 C/W WP No. 18847 of 2022
6. KANNAN AGED ABOUT 81 YEARS, S/O VELU RESIDING AT VENKATESHANAGAR SHIVAMOGGA. 7. SUBAN SAB AGED ABOUT 76 YEARS, S/O JALKEL SAB RESIDING AT SOLLEBAILU SHIVAMOGGA. 8. KUPPAN AGED ABOUT 70 YEARS, S/O MURUGAN, RESIDING AT VIDHYANAGAR, SHIVAMOGGA. 9. GOPALA AGED ABOUT 73 YEARS, S/O NARAYANAGOUNDER RESIDING AT TAVARECHATNAHALLI SHIVAMOGGA. 10. DODDAMARULAPPA AGED ABOUT 83 YEARS, S/O SUBAIYAGOUNDAR RESIDING AT GONDHICHATNAHALLI, SHIVAMOGGA. 11. RAMAN S/O LAXMANAGOUNDAR AGED ABOUT 79 YEARS, RESIDING AT ISLAPURA SHIVAMOGGA. - 9 -
HC-KAR NC: 2026:KHC:35629 WP No. 28104 of 2023 C/W WP No. 18847 of 2022
12. LAXMANGOUNDAR S/O ARMUGAMGOUNDAR, AGED ABOUT 77 YEARS, RESIDING AT ISLAPURA SHIVAMOGGA. 13. HUCHAPPA S/O CHINNUGOUNDAR AGED ABOUT 74 YEARS, RESIDING AT VONOBHANAGAR SHIVAMOGGA. 14. KUPPA ANGALIGA AGED ABOUT 76 YEARS, S/O CHINNAPAIYA RESIDING AT VINOBHANAGAR SHIVAMOGGA. 15. NITESH S/O VELEYAN AGED ABOUT 70 YEARS, RESIDING AT HOSAMANE SHIVAMOGGA. 16. LAXMANA S/O KEMPAIYA AGED ABOUT 78 YEARS, RESIDING AT PURADALU SHIVAMOGGA. 17. SULEMAN AGED ABOUT 70 YEARS, S/O EMAM SAB RESIDING AT SHARAVATHI COLONY HAIHOLE
- 10 -
HC-KAR NC: 2026:KHC:35629 WP No. 28104 of 2023 C/W WP No. 18847 of 2022
SHIVAMOGGA. 18. T. BASAPPA AGED ABOUT 74 YEARS, S/O THIMMAPPA RESIDING AT HEGGUDU SHIVAMOGGA. 19. THIMMAPPA AGED ABOUT 81 YEARS S/O HANUMANTHAPPA RESIDING AT HANAGEREKATTA SHIVAMOGGA. 20. YALLAPPA AGED ABOUT 82 YEARS, S/O MANJAPPA RESIDING AT KOODISIRGERE SHIVAMOGGA. 21. BASAVARAJ AGED ABOUT 50 YEARS S/O RAJAIYA VIBHUTHI MATTA RESIDING AT MANJUNATHANAGAR SHIVAMOGGA. 22. T C NAGARAJ AGED ABOUT 81 YEARS, S/O PUTTACHARANNA BHAT RESIDING AT HOSAMANE SHIVAMOGGA. 23.
T BASAPPA AGED ABOUT 79 YEARS, S/O THIMMAPPA
- 11 -
HC-KAR NC: 2026:KHC:35629 WP No. 28104 of 2023 C/W WP No. 18847 of 2022
RESIDING AT GOPALA SHIVAMOGGA. 24. HANUMANTHAPPA AGED ABOUT 75 YEARS, S/O DODDA HANUMANTHAPPA RESIDING AT HOSAMANE SHIVAMOGGA. 25. SMT. JAYAMMA AGED ABOUT 73 YEARS, W/O RAYAPPA RESIDING AT HOSAKOPPA NALLIBEEDU SAGARA. 26. SMT. PUTTAMMA AGED ABOUT 84 YEARS, W/O HANUMANNA RESIDING AT VALGERI THUMARI, SAGARA. 27. SMT. PARVATHAMMA AGED ABOUT 78 YEARS, W/O MALLAPPAGOUDA RESIDING AT PURADAL, SHIVAMOGGA. 28. GIRIYAPPA AGED ABOUT 74 YEARS, S/O ERAPPA RESIDING AT PURADHALU SHIVAMOGGA. 29. H.V. BASAVARAJAPPA AGED ABOUT 75 YEARS,
- 12 -
HC-KAR NC: 2026:KHC:35629 WP No. 28104 of 2023 C/W WP No. 18847 of 2022
S/O VEERABVASAPPA RESIDING AT MALESHANKARA SHIVAMOGGA. 30. B N KRISHNAMURTHY AGED ABOUT 81 YEARS, S/O NARAYANAPPA RESIDING AT MALALIMAKKI THIRTHAHALLI SHIVAMOGGA. ...PETITIONERS (BY SRI. SHIVARAMU H.C., ADVOCATE) AND:
1. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA DEPARTMENT OF MAJOR AND MINOR IRRIGATION GOVERNMENT OF KARNATAKA M S BUILDING BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577201. 3. THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB DIVISION, SHIVAMOGGA - 577201. 4. THE THASILDAR SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577201. ...RESPONDENTS
- 13 -
HC-KAR NC: 2026:KHC:35629 WP No. 28104 of 2023 C/W WP No. 18847 of 2022
(BY SMT. B.P. RADHA, AGA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS CONSIDER THE REPRESENTATION DATED 27.06.2022, 28.06.2022 AND 29.06.2022 PRODUCED AT ANNEXURES - B, C AND D IN TERMS OF THE COMMUNICATION ISSUED BY THE OFFICE ASSISTANT OF THE RESPONDENT NO.2 DATED 12.07.2022 TO THE RESPONDENT NO.4 PRODUCED AT ANNEXURE-E TO PREPARE THE REVENUE SKETCH AND TO CARRY OUT THE PODI OWRK IN NO.SMGDCLND(1) MIS.CR/318/2021.22(E- 108416)FORTH WITH; AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Sri. H.C. Shivaramu, learned counsel for the petitioners and Sri. Spoorthy Hedge N, learned High Court Government Pleader appearing for the respondent-State.
2. In these writ petitions, the petitioners have sought a direction to the respondent-authorities to
- 14 -
HC-KAR NC: 2026:KHC:35629 WP No. 28104 of 2023 C/W WP No. 18847 of 2022
consider their representations in terms of the communication issued by the office of the Deputy Commissioner, Shivamogga District, Shivamogga, and to prepare the revenue sketch, carry out the phodi work, effect mutation entries, and issue RTC extracts in the names of the petitioners.
3. Sri H.C. Shivaramu,
learned counsel appearing for the petitioners, submitted that the petitioners are persons who lost their lands on account of the Badra Reservoir Project and the Sharavathi Hydro-electric Project. He further contended that, under the rehabilitation scheme introduced by the respondent-State, the family members of the petitioners were granted lands in various survey numbers under Grant Order as per Annexure-E. It is further submitted that the petitioners have paid the kimmat in respect of the lands granted to them. The
- 15 -
HC-KAR NC: 2026:KHC:35629 WP No. 28104 of 2023 C/W WP No. 18847 of 2022
petitioners have also produced the list of grantees along with the relevant particulars in paragraph No.5 of W.P. No.28104 of 2023. Learned counsel further submitted that, in the case of similarly situated persons, mutation entries have already been effected as evidenced by Annexure-H series in W.P.No28104 of 2023, however, the same benefit has been denied to the petitioners. Hence, he seeks appropriate interference by this Court. 4. Per contra, Sri. Spoorthy Hedge N, learned High Court Government Pleader appearing for the respondent-State submitted that the petitioners are required to establish their right, title, and possession over the lands in question before seeking the reliefs prayed for. 5. Having heard the learned counsel appearing for the parties and upon perusal of the material
- 16 -
HC-KAR NC: 2026:KHC:35629 WP No. 28104 of 2023 C/W WP No. 18847 of 2022
available on record, it is not in dispute that the petitioners are displaced persons on account of the acquisition of their respective lands for the purpose of construction of the Sharavathi Hydro-electric Project for generation of electricity in the Sharavathi River in Shivamogga Taluk. It is also not in dispute that, under the rehabilitation scheme introduced by the respondent-State, lands were granted in favour of the petitioners and other displaced inhabitants. The petitioners have produced the relevant documents to show that grant is made in their favour. 6. However, the grievance of the petitioners is that their names have not been entered in the RTC extracts, nor have mutation entries been effected in their favour, whereas similarly situated persons have been extended such benefit, as evident from Annexure-H series. In these circumstances, there
- 17 -
HC-KAR NC: 2026:KHC:35629 WP No. 28104 of 2023 C/W WP No. 18847 of 2022
appears to be no justification for denying the same benefit to the petitioners.
The State cannot discriminate between persons who are similarly situated and who have lost their lands under the very same acquisition and rehabilitation scheme. 7. In view of the above, and having regard to the fact that mutation entries have already been effected in favour of similarly situated persons, as reflected in Annexure-H series in W.P.No.28104 of 2023, the Deputy Commissioner, Shivamogga District, and the Tahsildar, Shivamogga Taluk, are directed to consider the case of the petitioners, prepare the revenue sketch, carry out the phodi work, effect mutation entries, and enter the names of the petitioners in the RTC extracts and mutation registers in respect of the lands granted to them, if not already done, in accordance with law, within an outer limit of
- 18 -
HC-KAR NC: 2026:KHC:35629 WP No. 28104 of 2023 C/W WP No. 18847 of 2022
four months from the date of receipt of a certified copy of this order. With the above observations and directions, the writ petitions stand disposed of. SD/- (E.S.INDIRESH) JUDGE
SB List No.: 1 Sl No.: 5