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2026 DAILYLAW 31112 (KAR)

BHYRAPPA v. STATE OF KARNATAKA

WP/11783/2026 · 2026-07-22

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010258222026 NC: 2026:KHC:37713 WP No. 11783 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 11783 OF 2026 (KLR-RR/SUR) BETWEEN: BHYRAPPA S/O. CHANDRAPPA, AGED ABOUT 49 YEARS, R/O. HANCHIPURA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 123. …PETITIONER (BY SRI. H S SANTHOSH.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560 001. 2. THE TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER AND DEPUTY DIRECTOR OF LAND RECORDS, ROOM NO. 4, ADMINISTRATIVE BLOCK, BEERASANDRA, KUNDANA HOBLI, DEVANA HALLI TALUK, BANGALORE RURAL DISTRICT - 562 123. 3. R.RAMAIAH, S/O CHANNARAYAPPA, AGED ABOUT 42 YEARS, R/O KAREKALLU PALYA, HANCHIPURA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 123. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010258222026 NC: 2026:KHC:37713 WP No. 11783 of 2026 4. ASSISTANT DIRECTOR OF LAND RECORDS, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT -562 123. …RESPONDENTS (BY SMT.B P RADHA., AGA FOR R1, R2 & 4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO-A CALL FOR THE ENTIRE RECORDS WHICH ULTIMATELY RESULTED IN THE PASSING OF THE IMPUGNED ORDER DATED 13.09.2024 PASSED BY THE 2ND RESPONDENT, IN APPEAL NO. 60/2023-24 AND B. ISSUE A WRIT OF CERTIORARI AND QUASH THE ORDER DATED 13.09.2024 PASSED BY THE 2ND RESPONDENT IN APPEAL NO. 60/23-24 AS PER ANNEXURE – A 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 AGA accepts notice for respondent Nos.1, 2 and 4. 2. In this writ petition, petitioner is assailing the order dated 13.09.2024 (Annexure-A) passed in Appeal No.60/2023-24, inter alia, sought for direction to respondent No.2 to cancel phodi and durast in respect of the land in question. - 3 - HC-KAR CNR: KAHC010258222026 NC: 2026:KHC:37713 WP No. 11783 of 2026 3. It is contended by the learned counsel for the petitioner that the earlier, podi and durast has been made without issuing notice to the petitioner. Accordingly, sought for interference by this Court. 4. Per contra, learned AGA submitted that, the petitioner has approached the competent authority after a lapse of 12 years from the original podi and durast made in respect of the subject land. Accordingly, sought for dismissal of the writ petition. 5. Having taken note of the submissions made by the learned counsel appearing for the parties and on careful consideration of the impugned order, it would indicate that, the petitioner sought to revive the podi and durast made on 18.03.2012, after a lapse of 12 years. 6. In that view of the matter, taking into consideration the provision contained in Section 56(3) of the Karnataka Land Revenue Act, 1964, the petition cannot be accepted. - 4 - HC-KAR CNR: KAHC010258222026 NC: 2026:KHC:37713 WP No. 11783 of 2026 7. Accordingly, I do not find any merit in the case, to interfere with the well-reasoned order passed by the respondent - Authorities. Accordingly, the petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE CM List No.: 1 Sl No.: 14