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2026 DAILYLAW 36960 (KAR)

SMT. POOJAMMA v. THE STATE OF KARNATAKA

WA/635/2025 · 2026-08-25

D K Singh, H Shanthi Bhushan

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010254372025 NC: 2026:KHC:45791-DB WA No. 635 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 635 OF 2025 (LA-RES) BETWEEN: 1. SMT. POOJAMMA DECEASED BY HER LRS., SMT. H.GOWRAMMA W/O G.M. RAJESH AGED ABOUT 65 YEARS R/AT NO.10/11, 4TH BLOCK, 12TH MAIN, NANDINI LAYOUT, BENGALURU -560096 2. SRI. H.RAMA MURTHY S/O LATE HANUMANTHARAYAPPA AGED ABOUT 52 YEARS R/AT NO.11/2, 1ST E MAIN ROAD, POOJAMMA TEMPLE ROAD, 4TH CROSS, GORAGUNTEPALYA, BENGALURU - 560 022. …APPELLANTS (BY SRI. V ANAND., ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT M.S.BUILDINGS, BENGALURU - 560 001. REPRESENTED BY ITS Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010254372025 NC: 2026:KHC:45791-DB WA No. 635 of 2025 PRINCIPAL SECRETARY 2. THE SECRETARY BEML, HOUSING BUILDING CO-OP. SOCIETY NEW THIPPASANDRA POST, BEML, BENGALURU COMPLEX POST BOX NO. 7501, BENGALURU -560 075 3. SPECIAL LAND ACQUISITION OFFICER, VISHWESHWARAIAH TOWER, BENGALURU …RESPONDENTS (BY SRI. M.N.SUDEV HEGDE, AGA) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS AND SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP. No.7883/2014 DATED:07.02.2025 AND THEREBY ALLOW THIS WRIT APPEAL, ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the judgment and order dated 07.02.2025 passed by the writ Court in W.P.No.7883/2014 (LA-RES) instituted by the appellants herein, impugning the land acquisition proceedings - 3 - HC-KAR CNR: KAHC010254372025 NC: 2026:KHC:45791-DB WA No. 635 of 2025 initiated vide Preliminary Notification dated 31.12.1981 and Final Notification dated 06.10.1982. 2. The parties are referred to as per their ranking before the writ Court for the sake of convenience. 3. The petitioners claiming to be the actual owners of the land measuring 31 guntas bearing new Survey No. 117/1 and old Survey No. 30/2 situated at Halagewodayarahalli, Kengeri Hobli, Bangalore South Taluk, allegedly purchased from one Poojappa vide registered sale deed dated 24.05.1965 and out of which they claim to have sold an extent of 20 guntas in favour of one Narayanappa in terms of sale deed dated 22.08.1967. The petitioners are challenging the land acquisition proceedings initiated as mentioned above. The land aquisition proceedings got concluded vide final notification dated 14.10.1982. The writ petition came to a filed in the year 2014 challenging the land acquisition proceedings initiated vide Preliminary Notification dated 31.12.1981. Thus the writ petition came to be filed after 32 long years from the date of - 4 - HC-KAR CNR: KAHC010254372025 NC: 2026:KHC:45791-DB WA No. 635 of 2025 the final notification and 33 years from the date of the preliminary notification. 4. The learned Single Judge having gone through the entire pleadings and the supporting documents filed by the parties held that despite providing an opportunity by the writ Court to produce the revenue records reflecting the names of the petitioners in respect of Sy.No.117, no documents could be produced to show that at the time of preliminary and final notification the petitioners' name was mutated in the revenue records. The only ground urged by the petitioners is that they had purchased the land way back in 1965 but no notice was sent to them. When their names were not recorded in the revenue record, land acquisition officer was not bound to serve any personal notice to them regarding the land acquisition proceedings. The notices would have gone to the recorded land holders. As the petitioners' name was not recorded as land holders, there was no question of serving the notices on the petitioners. - 5 - HC-KAR CNR: KAHC010254372025 NC: 2026:KHC:45791-DB WA No. 635 of 2025 5. We find no ground to interfere with the well-written judgment and order passed by the learned Single Judge. There is no merit in the appeal, which is why it is dismissed. 6. Pending interlocutory applications, if any, stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE NG CT:SN List No.: 2 Sl No.: 1