Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 39004 (KAR)

THIMMARAYAPPA v. THE STATE OF KARNATAKA

WP/18349/2022 · 2026-09-08

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010418412022 NC: 2026:KHC:48970 WP No. 18349 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.18349 OF 2022 (KLR-RES) BETWEEN: 1. THIMMARAYAPPA S/O RAMANAYAKA AGED ABOUT 69 YEARS R/A KANIVENAHALLI VILLAGE KASABA HOBLI MALUR TALUK KOLAR - 563 130. …PETITIONER (BY SRI. H.C. SHIVARAMU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU – 560001. 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR - 563 131. 3. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION KOLAR - 563 131. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010418412022 NC: 2026:KHC:48970 WP No. 18349 of 2022 4. TAHSILDAR MALUR TALUK MALUR, KOLAR - 563 130. 5. R. SHANKAR S/O LATE N. RAMEGOWDA AGED MAJOR R/A KANIVENAHALLI VILLAGE KASABA HOBLI, MALUR TALUK KOLAR - 563 130. …RESPONDENTS (BY SRI. ADITYA DIWAKAR, AGA FOR R1 TO R4; SRI. NEERAJ KARANTH, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 14.10.2019 IN R.A.P. NO.21/2018 PASSED BY THE RESPONDENT NO.2 VIDE ANNX-G, AND THE ORDER DATED 30.05.2017 IN R.A.NO.241/2016-17 PASSED BY THE RESPONDENT NO.3 VIDE ANNX-F, AND THE ORDER DATED 10.08.2015 IN RRT.DIS.77/2014-15 PASSED BY THE RESPONDENT NO.4 VIDE ANNX-E. 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. In this Writ Petition, petitioner is assailing the order dated 14.10.2019 in R.A.P. No.21/2018(Annexure-G) passed by respondent No.2 and the order dated 30.05.2017 in - 3 - HC-KAR CNR: KAHC010418412022 NC: 2026:KHC:48970 WP No. 18349 of 2022 R.A.No.241/2016-17(Annexure-F) passed by respondent No.3 and the order dated 10.08.2015 in RRT.DIS.77/2014- 15(Annexure-E), passed by respondent No.4. 2. Having heard the learned counsel appearing for the parties and on careful consideration of the writ papers would indicate that the petitioner is claiming right over the property bearing Sy.No.8/3 measuring 3 acres 29 gunas of Kanivenahalli Village, Kasaba Hobli. Malur Taluk, as per the endorsement produced at Annexure-A1, wherein it is not in dispute that the land in question is an inam land. On the contrary, respondent No.5 is claiming right over the land bearing Sy.No.8 of Kanivenahalli Village in M.R.No.7/2003-2004 dated 04.01.2004 which was questioned before the respondent - authorities in RRT.DIS.77/2014-15 by respondent No.5. 3. In that view of the matter, taking into consideration that the land claimed by the petitioner is bearing Sy.No.8/3 and the respondent No.5 is claiming right over the land bearing Sy.No.8 of Kanivenahalli Village, I am of the view that the finding recorded by both the authorities is just and proper and no interference is called for in this Writ Petition. - 4 - HC-KAR CNR: KAHC010418412022 NC: 2026:KHC:48970 WP No. 18349 of 2022 4. Accordingly the Writ Petition is dismissed. 5. However, it is made clear that, as the petitioner herein has filed O.S.No.76/2024 before the Court of Senior Civil Judge and JMFC at Malur seeking relief of declaration and injunction in respect of the land in respect of which relief has been sought in this Writ Petition, rights of the parties would be crystallised in the aforementioned suit. 6. In that view of the matter, it is open for the petitioner to approach the competent authority after the conclusion of the aforementioned suit, if so necessitated. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 54