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2026 DAILYLAW 34382 (KAR)

SRI H S BASAPPA v. THE SUB REGISTRAR, KADUR

WP/22700/2026 · 2026-08-03

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010498182026 NC: 2026:KHC:40629 WP No. 22700 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 22700 OF 2026 (GM-ST/RN) BETWEEN: 1. SRI. H.S.BASAPPA, S/O LATE DEVARAMANE SOMAIAH, AGED ABOUT 71 YEARS, OCCUPATION: AGRICULTURIST, R/A HIRENALLURU VILLAGE, KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 550. 2. SRI. RAGHAVENDRA M, S/O LATE MAHADEVASWAMY M, AGED ABOUT 40 YEARS, OCC: BUSINESS, R/A NO.1794, 1ST FLOOR, GOKUL ROAD, NEAR UDDIN HANUMAN TEMPLE, RM LOYA NAGAR, HUBLI, DHARWAD DISTRICT - 580 030. …PETITIONERS (BY SRI. RENUKA PRASAD C.M., ADVOCATE FOR SRI.SIDDESHI N., ADVOCATE) AND: 1. THE SUB REGISTRAR, KADUR, KADUR TOWN, CHIKKAMAGALURU DISTRICT. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010498182026 NC: 2026:KHC:40629 WP No. 22700 of 2026 2. THE TAHSILDAR KADUR, COMMISSIONER KADUR TOWN, CHIKKAMAGALURU DISTRICT. …RESPONDENTS (BY SRI.SHAMANT NAIK, AGA FOR STATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED CANCELLED REGISTERED LEASE AGREEMENT BEARING NO KDR-RULE 17(3)00006-2026-27 DATED 13-07-2026 PRODUCED AT ANNEXURE K IN SO FAR AS GIVING THE SUFFICIENT OPPORTUNITY TO THE PETITIONERS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondent Nos. 1 and 2. 2. Petitioner is before this Court seeking for the following reliefs: "a) ISSUE a writ of certiorari to quash the impugned cancelled registered lease agreement bearing No. KDR-Rule 17(3)-00006-2026-27 produced at Annexure-K in so far as giving the sufficient opportunity to the petitioners. b) ISSUE any other suitable writ, order or direction as to this Hon'ble Court deems fit, under the facts - 3 - HC-KAR CNR: KAHC010498182026 NC: 2026:KHC:40629 WP No. 22700 of 2026 and circumstances of the case, including an order of costs, to meet the ends of justice." 3. Petitioner No.1 as the owner, had entered into a lease with petitioner No. 2 of the land in Khata No. 570, Survey No. 150/*/3 of Hirenallur Village, Kadur Taluk, Chikmagalur District. The said lease had been entered into to facilitate an application to be made by respondent No.2 for obtaining a license for running a Petrol Bunk. 4. Respondent No.2 on noticing that an agricultural land had been leased for non-agricultural purposes, had directed the first respondent to cancel the said lease. It is the said order which is challenged in these proceedings. 5. On enquiry with the learned counsel for the petitioner as regards the status of the land, he submitted that the land continues to be agriculture in nature. Once necessary documentation is done with - 4 - HC-KAR CNR: KAHC010498182026 NC: 2026:KHC:40629 WP No. 22700 of 2026 the oil manufacturing company, then the necessary application would be made for the purpose of conversion of the land. 6. There can be no infirmity found in the order passed by respondent No.2 and the action taken by respondent No.1 inasmuch as, admittedly the land is an agricultural land and could not be put to non- agricultural use. What has been only directed is for cancellation of the registered lease agreement and not for forfeiture of the land. 7. In that view of the matter, finding no infirmity in the said order, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE BSV List No.: 1 Sl No.: 29