Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 30620 (KAR)

SRI. SWAMY v. THE STATE OF KARNATAKA

WP/10907/2025 · 2026-07-17

M G S Kamal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010218772025 NC: 2026:KHC:36806 WP No. 10907 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 10907 OF 2025 (ULC) BETWEEN: 1. SRI. SWAMY S/O LATE BYREGOWDA AGED ABOUT 63 YEARS RESIDING AT DOOR NO. 7/1 4TH MAIN ROAD, KUMBARAKOPPAL MYSURU - 570 016. 2. SRI RAJA S/O LATE BYREGOWDA AGED ABOUT 60 YEARS RESIDING AT DOOR NO 7 4TH MAIN ROAD KUMBARAKOPPAL MYSURU - 570 016. 3. SRI C.MANJESH S/O LATE CHIKKANNA AGED ABOUT 60 YEARS RESIDING AT NO.163 2ND MAIN ROAD, 7TH CROSS KUMBARAKOPPAL MYSURU -570 016. 4. SMT. A.LAKSHMI W/O LATE SURESH R. AGED ABOUT 55 YEARS Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010218772025 NC: 2026:KHC:36806 WP No. 10907 of 2025 5. SMT. S.LAKSHMI D/O LATE SURESH R. AGED ABOUT 35 YEARS 6. SMT. S.TEJASWINI D/O LATE SURESH R. AGED ABOUT 33 YEARS 7. SRI R.PRAKASH S/O LATE RAJAPPA AGED ABOUT 60 YEARS 8. SRI S.DINESH S/O LATE SWAMYGOWDA AGED ABOUT 51 YEARS PETITIONERS 4 TO 8 ARE RESIDING AT DOOR NO.174/1 1ST MAIN ROAD, 1ST BUS STOP KUMBARAKOPPAL, MYSURU-570 016. …PETITIONERS (BY SRI R.S.RAVI, SR.COUNSEL A/W SRI AKARSH KUMAR GOWDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT M.S.BUILDING, BENGALURU-560 001. 2. THE SPECIAL DEPUTY COMMISSIONER AND COMPETENT AUTHORITY MYSURU - 570 011. 3. REVENUE INSPECTOR TALUK OFFICE DEPARTMENT OF REVENUE MYSURU - 570 001. - 3 - HC-KAR CNR: KAHC010218772025 NC: 2026:KHC:36806 WP No. 10907 of 2025 4. MYSORE URBAN DEVELOPMENT AUTHORITY REP. BY ITS COMMISSIONER JLB ROAD, MYSURU - 570 005. 5. SMT. MADAMMA AGED ABOUT 63 YEARS W/O. LATE SANNEGOWDA 6. SRI KUMAR S/O LATE SANNEGOWDA AGED ABOUT 43 YEARS 7. SRI ASHLESH KUMAR S/O SRI KUMAR AGED ABOUT 21 YEARS 8. SMT. LAKSHMI DEVAMMA D/O LATE SANNEGOWDA AGED ABOUT 39 YEARS 9. SMT. PUTTALAKSHMI @MANGALAGOWRI @ THAYAMMA D/O LATE SANNEGOWDA AGED ABOUT 35 YEARS 10. SMT. SHOBHA AGED ABOUT 33 YEARS D/O LATE SANNEGOWDA RESPONDENTS 5 TO 10 ALL ARE RESIDING AT DOOR NO.191, GARDI BEEDI 4TH CROSS, 1ST MAIN KUMBARAKOPPAL DEVARAJA MOHALLA MYSURU-570 016. - 4 - HC-KAR CNR: KAHC010218772025 NC: 2026:KHC:36806 WP No. 10907 of 2025 11. THE SOUTH WESTERN RAILWAY EMPLOYEES HOUSING CO-OPERATIVE SOCIETY MYSORE, 2ND MAIN ROAD OPP.DHOBI GHAT YADAVAGIRI, MYSURU-570 020 REP. BY ITS CHIEF EXECUTIVE OFFICER REG. UNDER KSC ACT. 12. THE MAHADESHWARA HOUSE BUILDING CO-OPERATVIE SOCIETY HEBBAL, MYSORE-570 016 REP. BY ITS CHIEF EXECUTIVE OFFICER REG. UNDER KCS ACT. …RESPONDENTS (BY SRI MAHANTESH SHETTAR, AGA FOR R1, R2 & R3; SRI T.P.VIVEKANANDA, ADVOCATE FOR R4; SRI G.A.SRIKANTE GOWDA, ADVOCATE FOR R5 TO R10) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTIFICATION DTD 5.07.1985 MADE IN NO. ULA1135/76-77 ISSUED BY THE R-2 UNDER SEC 10(3) OF THE ACT IN SO FAR AS SY.NO.221 I.E., SCHEDULE PROPERTY VIDE ANNX-F AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 5 - HC-KAR CNR: KAHC010218772025 NC: 2026:KHC:36806 WP No. 10907 of 2025 ORAL ORDER 1. This petition is filed by the petitioners claiming to be the owners in possession of land bearing Sy.No.221, measuring 1 acre and 33 guntas situated at Hebbal Village, Kasaba Hobli, Mysore Taluk. The said land is also claimed to be in ownership and possession of respondent Nos.5 to 10. 2. Upon initiation of proceedings under the provisions of Urban Land (Ceiling and Regulations) Act, 1976 by respondent No.1, one Sannegowda who is husband of respondent No.5 and father of respondent Nos.6, 8 to 10 earlier had approached this Court in W.P.No.44449/2012. This Court by Order dated 07.03.2024 passed the following Order: ''ORDER i. Writ petition is disposed of. ii. It is declared that the proceedings initiated by the Deputy Commissioner, Mysuru and Competent Authority and ULC declaring that the declarant was holding excess land to an extent of 9932.25 sq mtrs. in land bearing Sy.Nos.221 and 210 situated at Hebbal Village, Kasaba Hobli, Mysuru stands abated. iii. The challenge to the proceedings initiated by the Deputy Commissioner, Mysuru and Competent - 6 - HC-KAR CNR: KAHC010218772025 NC: 2026:KHC:36806 WP No. 10907 of 2025 Authority and ULC declaring that the declarant was holding excess land in Sy.No.222/3 to an extent of 1029.35 Sq.mtrs of land utilized by respondent No.6 is dismissed and the petitioners have no right over this land. iv. Liberty is reserved with the petitioners to submit an application before the Tahasildar concerned for deleting the name of the Government in the revenue records in respect of lands bearing Sy.Nos.221 and 210 situated at Hebbal Village, Kasaba Hobli, Mysuru and substitute the name of the deceased declarant i.e., Late Sannegowda.'' 3. Petitioners herein who also claim their right, title and interest over land bearing Sy.No.221 have filed the present petition seeking review of the said order on the premise that petitioners also have their right, title and interest over the said property. 4. Learned Senior Counsel appearing for the petitioners submits that this Court while disposing of the earlier writ petition filed in W.P.No.44449/2012, had reserved the liberty to the petitioners to make an application before the Tahsildar concerned for deletion of name of the Government in respect of the subject land. He submits that the petitioners have filed suit in O.S.No.143/2025 pending consideration of the file of the Prl. Civil Judge - 7 - HC-KAR CNR: KAHC010218772025 NC: 2026:KHC:36806 WP No. 10907 of 2025 and J.M.F.C, Mysore for substantial relief, in which the private respondents herein are the parties. 5. He submits if the liberty as reserved by this Court in its order extracted above [paragraph No.(iv)] is made subject to outcome of the said suit in O.S.No.143/2025, the purpose of the petition would be served. 6. Learned counsel for the respondents has no objection for the same. However, he submits all the contentions which are being adjudicated before the Civil Court be kept open. 7. Submissions placed on record. 8. In that view of the matter, petition is disposed of. 9. The liberty reserved by this Court vide Order dated 07.03.2024 in W.P.No.44449/2012 at paragraph No.(iv) of the operative portion of the order, extracted hereinabove shall be subject to the outcome of the suit filed by the petitioners in O.S.No.143/2025. - 8 - HC-KAR CNR: KAHC010218772025 NC: 2026:KHC:36806 WP No. 10907 of 2025 10. It is made clear no opinion/observation made in this order with regard to merits or otherwise of the claims of the parties. 11. All contentions with regard to rights of the parties to be agitated and shall be adjudicated by the Court in O.S.No.143/2025. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 12