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2026 DAILYLAW 32709 (KAR)

SRI RUDRANAIK v. THE STATE OF KARNATAKA

WP/23127/2026 · 2026-07-29

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010508552026 NC: 2026:KHC:39484 WP No. 23127 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 23127 OF 2026 (KLR-RES) BETWEEN: 1. SRI. RUDRANAIK S/O DODDAKOTRANAIK, AGED ABOUT 70 YEARS, 2. SRI.MANJANAIK S/O CHANDRANAIK, AGED ABOUT 56 YEARS, 3. SRI MANJANAIK S/O SANNANAGANAIK, AGED ABOUT 54 YEARS, 4. SRI KUBERNAIK S/O SANNAKOTRANAIK, AGED ABOUT 60 YEARS, 5. SRI.MANJANAIK S/O RAJANAIK, AGED ABOUT 54 YEARS, ALL ARE R/AT CHILAPUR VILLAGE, HONNALI TALUK, DAVANGERE DISTRICT - 577 217. …PETITIONERS (BY SRI. SHRIDHAR NARAYAN HEGDE, ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010508552026 NC: 2026:KHC:39484 WP No. 23127 of 2026 AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY TO GOVT., DEPARTMENT OF REVENUE, M S BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, DAVANGERE DIST., DAVANGERE - 577 002. 3. THE ASSISTANT COMMISSIONER, HONNALI SUB DIVISION, HONNALI TALUK - 577 217, DAVANGERE DISTRICT. 4. THE DEPUTY TAHASILDAR, SASVEHALLI HONNALI TALUK, DAVANGERE DIST. - 577 224. 5. THE REVENUE INSPECTOR, SASVEHALLI HONNALI TALUK, DAVANGERE DIST. - 577 224. 6. THE VILLAGE ACCOUNTANT, KYASINAKERE CIRCLE, SASVEHALLI HONNALI TALUK, DAVANGERE DIST. - 577 224. 7. SRI SEVENAYAK S/O SOMLANAIK, AGE MAJOR, 8. SMT.RUKKIBAI W/O CHANDRANAIK, AGED MAJOR, 9. MEGHANA P. N. D/O LATE PALASHINAIK. AGED MAJOR, - 3 - HC-KAR CNR: KAHC010508552026 NC: 2026:KHC:39484 WP No. 23127 of 2026 10. DARSHANNAIK P. N. S/O CHANDRA NAIK, AGED MAJOR, 11. KUMARNAIK S/O CHANDRA NAIK, AGED MAJOR, 12. SMT RATHNABAI W/O LATE PARAMESHWARNAIK, AGED MAJOR, 13. GANAVI D/O LATE PARAMESHWARNAIK, AGED MAJOR, 14. YUKTHA D/O PARAMESHWARNAIK, SINCE MINOR REPTD. HER MOTHER NATURAL GUARDIAN SMT. RATHNABAI. ALL ARE RESIDING AT: CHILAPUR VILLAGE, HONNALI TALUK, DAVANGERE DIST. - 577 217. …RESPONDENTS (BY SMT. B. P. RADHA, AGA FOR R1 TO R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED ORDER DATED 12.3.2026 PASSED BY THE 2ND RESPONDENT DEPUTY COMMISSIONER DAVANAGERE DIST. DAVANAGERE IN CASE NO.RP/26/2025 AT VIDE ANNEXURE-G AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010508552026 NC: 2026:KHC:39484 WP No. 23127 of 2026 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned Additional Government Advocate accepts notice for respondents No.1 to 6. 2. In this writ petition, petitioners are assailing the order dated 12.03.2026 (Annexure-G) passed by respondent No.2 and the order dated 29.04.2025 (Annexure-E) passed by respondent No.3, inter-alia sought for allowing the appeal preferred by the petitioners. 3. It is contended by the learned counsel appearing for the petitioners that the petitioners came to know about the impugned orders passed by the respondent authorities during the year 2023 only and immediate steps have been taken to challenge the khatha made in favour of the private respondents herein and accordingly, sought for interference of this Court. - 5 - HC-KAR CNR: KAHC010508552026 NC: 2026:KHC:39484 WP No. 23127 of 2026 4. Per contra, learned AGA submitted that, the entries have been made in favour of the private respondents herein during 1975–76 and 1988–1989 and therefore, the same cannot be interfered with by this Court after 40 years and accordingly, sought for dismissal of the petition. 5. In light of the submission made by the learned counsel appearing for the parties and on careful consideration of the impugned orders would indicate that, the impugned MR.No.5/1959-60, MR.No.2/1975-76, MR.No.2/1988-89 has been questioned before the competent authorities. 6. Taking into consideration the fact that the land claimed by the *petitioners herein is based on the grant made on 02.07.1922 and in that view of the matter, I am of view that, no interference is called for. However, it is open for the petitioners to establish their right over the land in question in a manner known to law. *corrected vide Chambers Order dated 12.08.2026. - 6 - HC-KAR CNR: KAHC010508552026 NC: 2026:KHC:39484 WP No. 23127 of 2026 7. With this observation, the writ petition is accordingly dismissed. SD/- (E.S.INDIRESH) JUDGE MCR List No.: 1 Sl No.: 39