Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 35679 (KAR)

BASAVARAJU v. STATE OF KARNATAKA

WP/23576/2026 · 2026-08-06

E S Indiresh

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010513762026 NC: 2026:KHC:42175 WP No. 23576 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 23576 OF 2026 (KLR-RES) BETWEEN: BASAVARAJU, S/O NARSAPPA, AGED ABOUT 53 YEARS, R/AT NERIGE VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 562 125. …PETITIONER (BY SRI. SHIVARAJU M.K., ADVOCATE) AND: 1. STATE OF KARNATAKA, REVENUE DEPARTMENT, M.S.BUILDINGS, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, KEMPE GOWDA ROAD, BENGALURU - 560 009. 3. THE ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB DIVISION, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010513762026 NC: 2026:KHC:42175 WP No. 23576 of 2026 KANDAYA BHAVAN, K G ROAD, BENGALURU - 560 009. 4. THE TAHSILDAR, ANEKAL TALUK, ANEKAL. 5. PILLAMMA, MAJOR, W/O LATE RAJANNA, NERIGA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 562 125. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI DULY QUASHING THE ORDER DATED 15.05.2026 PASSED BY THE SECOND RESPONDENT IN REV. PET. NO.391/2024 ANNEXURE - A DULY DISMISSING THE SAID REVISION PETITION FILED BY THE PETITIONER QUESTIONING THE IMPUGNED ORDER DATED 27.08.2024 PASSED BY THE THIRD RESPONDENT IN R. A(A) NO. 835/2024 PERTAINING TO THE LAND BEARING SY. NO. 175/2 MEASURING 1 ACRE 38 GUNTAS OF NERIGA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010513762026 NC: 2026:KHC:42175 WP No. 23576 of 2026 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned HCGP accepts notice for respondent Nos.1 to 4. 2. In this petition, the petitioner is assailing the order dated 15.05.2026 passed in RP.No.391/2024 by respondent No.2 (Annexure-A) and order dated 27.08.2024 passed in R.A(A) No.835/2024 passed by respondent No.3 (Annexure-B), in respect of the subject land. 3. Heard Sri. Shivaraju.M.K., learned counsel appearing for the petitioner and Sri. Spoorthy Hegde.N., learned HCGP appearing for respondent Nos.1 to 4. 4. Sri. Shivaraju.M.K., learned counsel appearing for the petitioner submitted that the petitioner herein has not been arrayed as a party before respondent No.3 at Annexure-B and the said aspect has not been considered by respondent No.2 while passing the impugned order at Annexure-A. It is also submitted by the learned counsel for the petitioner that respondent No.5 herein is not the owner of the land in question and she has executed the registered sale deed by concocting - 4 - HC-KAR CNR: KAHC010513762026 NC: 2026:KHC:42175 WP No. 23576 of 2026 the documents and therefore, sought for interference of this Court. 5. Per contra, learned HCGP submitted that the khata has been effected based on the registered sale deed dated 31.08.2024 and therefore, no interference is called for in this petition. 6. It is also argued by the learned HCGP that the suit in OS.1400/2024 is pending consideration before the competent Court filed by the petitioner herein challenging the very same sale deed and therefore, sought for dismissal of the petition. 7. In the light of the submission made by the learned counsel appearing for the parties and on careful consideration of the finding recorded by the authorities, it would indicate that respondent No.5 herein has executed the registered sale deed dated 31.08.2024 in favour of the third parties. Feeling aggrieved by the same, the petitioner herein has filed suit in OS No.1400/2024 before the Senior Civil Judge and JMFC., Anekal and the order sheet is produced at Annexure-S, wherein, the sale deed dated 31.08.2024 alleged to have been - 5 - HC-KAR CNR: KAHC010513762026 NC: 2026:KHC:42175 WP No. 23576 of 2026 made by respondent No.5 has been challenged by the petitioner. 8. In that view of the matter, as the khata is to be made based on the registered instrument as per Section 128 of the Karnataka Land Revenue Act,1964, I am of the view that no interference is called for in this petition. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE BH List No.: 1 Sl No.: 26