- 1 - HC-KAR CNR: KAHC010289452026 NC: 2026:KHC:43355 WP No.13395 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.13395 OF 2026 (KLR-RES) BETWEEN: 1. SRI. SANNADASEGOWDA S/O. LATE MARIKUSE GOWDA , AGED ABOUT 75 YEARS, R/AT JAYAPURA HOBLI, MARBALI HUNDI, MYSURU TALUK, MYSURU DISTRICT, KARNATAKA-570008. 2. SRI. HOMBEGOWDA S/O. NARASIMHAGOWDA, AGED ABOUT 42 YEARS, MARBALI HUNDI, MYSURU TALUK, MYSURU DISTRICT, KARNATAKA-570008. 3. SRI. NINGE GOWDA ALIAS NINGARAJU S/O. LATE SHIVANNEGOWDA AGED ABOUT 51 YEARS MARBALI HUNDI, MYSURU TALUK, MYSURU DISTRICT, KARNATAKA-570008. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010289452026 NC: 2026:KHC:43355 WP No.13395 of 2026 4. SRI. MAHADEVU S/O. SIDDEGOWDA AGED ABOUT 53 YEARS MARBALI HUNDI, MYSURU TALUK, MYSURU DISTRICT, KARNATAKA-570008. 5. SRI. BAIREGOWDA S/O. SHIVANNEGOWDA AGED ABOUT 50 YEARS MARBALI HUNDI, MYSURU TALUK, MYSURU DISTRICT, KARNATAKA-570008. …PETITIONERS (BY SRI. RAJARAMA S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY (REVENUE) DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, OFFICE AT DEPUTY COMMISSIONERS OFFICE BUILDING, MYSURU DISTRICT- 571 001. 3. THE ASSISTANT COMMISSIONER, MUSURU SUB-DIVISION MUSURU – 571 001. - 3 - HC-KAR CNR: KAHC010289452026 NC: 2026:KHC:43355 WP No.13395 of 2026 4. THAHSILDAR MUSURU TALUK, MUSURU – 571001. 5. RANGE FOREST OFFICER MUSURU RANGE MYSURU - 570001. …RESPONDENTS (BY SMT. B.P. RADHA, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF PROHIBITION NOT TO DISTURB THE PEACEFUL POSSESSION OF THE PETITIONERS PROPERTY IN SY. NO.60 OF ARASINAKERE VILLAGE, JAYAPURA HOBLI, MUSURU TALUK BY THE RESPONDENTS; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. The petitioners in this Writ Petition have sought for a Writ of Prohibition restraining the respondents from interfering with the schedule property and also sought for quashing the - 4 - HC-KAR CNR: KAHC010289452026 NC: 2026:KHC:43355 WP No.13395 of 2026 endorsement dated 30.10.2025 (Annexure-A) passed by respondent No.4. 3. It is contended by Sri. Rajarama S., learned counsel appearing for the petitioners, that the petitioners were cultivating the land bearing Sy.No.60 to an extent of 9.20 acres of Arasinakere Village, Jayapura Hobli, Mysuru Taluk and petitioners have made an application in Form-53 to regularise the land in question in their favour. In this regard, respondent - authorities have issued the impugned endorsement dated 30.10.2025 at Annexure-A, stating that the land in question comes within the purview of Forest Department and accordingly, rejected the application made by the petitioners. 4. It is pertinent to mention here that, the letter dated 03.06.2019 (Annexure-C) issued by respondent No.5 would indicate that the land bearing Sy.No.60 comprising of 9.20 acres does not come within the purview of Forest Department. The petitioners have also produced the Official Memorandum dated 12.12.2017 as per Annexures - J, J1 and J2 which would indicate Grant made in favour of one Kenchegowda, Javaregowda and Basavegowda respectively, wherein the - 5 - HC-KAR CNR: KAHC010289452026 NC: 2026:KHC:43355 WP No.13395 of 2026 respondent - authorities have regularised the land in respect of those grantees in respect of the very same survey number, however, the same was denied to the petitioners. In that view of the matter, I am of the view that, there is discrimination committed by the respondent - authorities in considering the grant applications made by the applicants, and therefore, I find force in the submission made by the learned counsel appearing for the petitioners. 5. Accordingly, I pass the following: ORDER (i) The Writ Petition is allowed. (ii) The impugned endorsement dated 30.10.2025 passed by respondent No.4 is hereby set aside. (iii) Respondent Nos.2, 3 and 4 are hereby directed to grant land in question in favour of petitioners on par with the grantees referred to at Annexures-J, J1 and J2, within three months from the date of receipt of certified copy of this order. SD/- (E.S.INDIRESH) JUDGE sac/List No.: 1 Sl No.: 60