Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 39346 (KAR)

LAKSHMIDEVAMMA v. STATE OF KARNATAKA

WP/36306/2024 · 2026-09-07

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010139852025 NC: 2026:KHC:48447 WP NO.7727 OF 2025 C/W WP NO.36306 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.7727 OF 2025 (KLR-RES) C/W WRIT PETITION NO.36306 OF 2024 (KLR-RES) IN WP No.7727/2025 BETWEEN: SCHOOL DEVELOPMENT AND MANAGEMENT COMMITTEE (SDMC) GOVERNMENT LOWER PRIMARY SCHOOL, GOWDAHALLI, BENGALURU NORTH RANGE-1, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. REP. BY ITS PRESIDENT SMT. SHAKUNTHALA K.G. …PETITIONER (BY SRI. NAGENDRA NAIK R., ADVOCATE) AND: 1. DEPUTY COMMISSIONER BENGALURU NORTH DISTRICT, XHCM + PXC, K.G. ROAD, NEAR DISTRICT REGISTRAR OFFICE, AMBEDKAR VEEDHI, SAMPANGIRAMA NAGARA, BENGALURU - 560 009. 2. TAHSILDAR NELAMANGALA TALUK, BENGALURU RURAL DISTRICT, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010139852025 NC: 2026:KHC:48447 WP NO.7727 OF 2025 C/W WP NO.36306 OF 2024 39XR+CM9, JAYANAGARA, INDIRANAGAR, BENGALURU - 562 123. 3. KITTANAHALLI GRAMA PANCHAYAT 2C5C +PGG, KITTANAHALLI, BENGALURU - 562 123. REP. BY ITS SECRETARY. 4. RAJIV GANDHI RURAL HOUSING CO-OPERATIVE LTD. 9TH FLOOR, E/F-BLOCK, CBAB COMPLEX, CAUVERY BHAVAN, BENGALURU - 560 009. REP. BY ITS MANAGING DIRECTOR. 5. BABASAHEB DR. B.R. AMBEDKAR HORATA SAMITHI (REGD.) (REGD. UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960) HAVING OFFICE AT BEHIND SRS, ASHRAYA NAGAR, PEENYA 1ST STAGE, BENGALURU - 58. REP. BY ITS SECRETARY. …RESPONDENTS (BY SRI. ADITYA DIWAKAR, AGA FOR R1 AND R2; SRI. M.S. DEVARAJU, ADVOCATE FOR R3; SMT. SUMANA BALIGA, ADVOCATE FOR R4; SRI. P.H. VIRUPAKSHAIAH, ADVOCATE FOR R5 SRI. SAGAR B.B., ADVOCATE FOR IMPLEADING APPLICANT IN IA.3/2026; SRI. MOHAMMED TAHIR, ADVOCATE FOR IMPLEADING APPLICANT IN IA.5/2026) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 09TH MAY, 2024 PASSED BY RESPONDENT NO.1 UNDER SECTION 71 OF KARNATAKA LAND REVENUE ACT, RESERVING 1 ACRE LAND IN SURVEY NO.58 OF GOWDAHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK WHICH WAS PROPOSED FOR CONSTRUCTION - 3 - HC-KAR CNR: KAHC010139852025 NC: 2026:KHC:48447 WP NO.7727 OF 2025 C/W WP NO.36306 OF 2024 OF GOVERNMENT SCHOOL IN FAVOUR OF THE RESPONDENT NO.3 VIDE ANNEXURE-A; DIRECT THE RESPONDENTS TO CONSIDER THE RESOLUTION PASSED BY THE PETITIONER DATED 28TH DECEMBER, 2004 FOR AUTHORISING THE PRESIDENT OF THE SOCEITY TO ESPOUSE THE CAUSE OF THE SCHOOL VIDE ANNEXURE-B; DIRECT THE RESPONDENT NO.1- DEPUTY COMMISSIONER, BENGALURU DISTRICT TO INVESTIGATE IRREGULAR ALLOTMENT MADE FOR THE SAME FAMILY MEMBERS IN THE GUISE OF CLEARING THE SLUM; AND ETC. IN WP NO.36306/2024 BETWEEN: 1. LAKSHMIDEVAMMA W/O RANGANATH, AGED ABOUT 40 YEARS. 2. K. BHAGYA W/O K.T. RAJU, AGED ABOUT 35 YEARS. 3. KAVITHA P. W/O T.D. SURESH, AGED ABOUT 32 YEARS. 4. MALA.R. RANGANAYAKI D/O RANGA NAYAK, AGED ABOUT 48 YEARS. 5. GAYATHRI W/O VARADARAJU, AGED ABOUT 55 YEARS. ALL ARE RESIDING AT: PEENYA VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560 058. ...PETITIONERS (BY SRI. VIRUPAKSHAIAH P.H.,ADVOCATE) - 4 - HC-KAR CNR: KAHC010139852025 NC: 2026:KHC:48447 WP NO.7727 OF 2025 C/W WP NO.36306 OF 2024 AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BENGALURU - 560 001. 3. THE TAHSILDHAR BENGALURU NORTH TALUK, KANDAYA BHAWAN, BENGALURU - 560 009. 4. THE KARNATAKA SLUM CLEARANCE BOARD NO.55, ABHAYA COMPLEX, 3RD FLOOR, RISALDAR STREET, SESHADRIPURAM, BENGALURU - 560 030. REP. BY ITS COMMISSIONER. ...RESPONDENTS (BY SRI. SHAMANTH NAIK, AGA FOR R1 TO R3; SRI. B.N. SURESH BABU, ADVCATE FOR R4; THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 19TH NOVEMBER, 2024 PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-Q RECOMMENDING TO CANCEL THE GRANT DATED 09TH MAY, 2024 VIDE ANNEXURE-A IN RESPECT OF THE LAND BEARING SURVEY NO.58 MEASURING TO AN EXTENT OF 1 ACRE SITUATED AT GOWDAHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK AND ALL FURTHER PROCEEDINGS PURSUANT THERETO; AND ETC. - 5 - HC-KAR CNR: KAHC010139852025 NC: 2026:KHC:48447 WP NO.7727 OF 2025 C/W WP NO.36306 OF 2024 THESE PETITIONS 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 In Writ Petition No.7727/2025, the petitioner being a Management Committee of Government Lower Primary School, Gowdahalli village, Bengaluru North Taluk is challenging the order dated 09th May, 2024 (Annexure-A), wherein the respondent No.1 reserved the land in question favour of Karnataka Slum Development Board for the benefit of Slum Dwellers to an extent of 1 acre in Survey No.58 of Gowdahalli Village, Dasanapura Hobli, Bengaluru North Taluk. 2. In Writ Petition No.36306/2024, petitioners being a Schedule Caste, Schedule Tribe and other Backward Class people are challenging the order dated 19th November, 2024 (Annexure-A), wherein the respondent No.3 cancelled the grant of land made in favour of the Karnataka Slum Development Board to an - 6 - HC-KAR CNR: KAHC010139852025 NC: 2026:KHC:48447 WP NO.7727 OF 2025 C/W WP NO.36306 OF 2024 extent of 1 acre in Survey No.58 of Gowdahalli Village, Dasanapura Hobli, Bengaluru North Taluk. 3. Heard learned counsel appearing for the parties. 4. Learned counsel appearing for the petitioner- Development and Management Committee of Government Lower Primary School, Gowdahalli village, Bengaluru North Taluk contended that the petitioner-Committee have approached the respondent-Authorities for allotment of land for the benefit of the School as well as allied services including Playground, however, without considering the claim made by the petitioner, the respondent No.1 issued the impugned Official Memorandum dated 09th May, 2024 (Annexure-A), earmarking 1 acre of land in Survey No.58 of Gowdahalli Village, Dasanapura Hobli, Bengaluru North Taluk for the benefit of slum dwellers. Accordingly, learned counsel appearing for the petitioner-Committee sought for interference of this Court. - 7 - HC-KAR CNR: KAHC010139852025 NC: 2026:KHC:48447 WP NO.7727 OF 2025 C/W WP NO.36306 OF 2024 5. Per contra, Sri. Sagar B.B., learned counsel appearing for impleading applicant in IA.3/2026 and Sri. Mohammed Tahir, learned counsel appearing for impleading applicant in IA.5/2026 submits that the land to an extent of 1 acre out of total extent of 25 acres in Survey No.58 of Gowdahalli Village has been reduced under Section 71 of the Karnataka Land Revenue Act and same has been granted to various Slum Dwellers. Accordingly, sought for dismissal of Writ Petition No.7727/2025. 6. Sri. Aditya Diwakara and Sri. Shamanth Naik, learned Additional Government Advocate appearing for the respondent-State sought to justify the action of the respondent-Authorities. 7. In the light of submission made by learned counsel appearing for the parties, on careful perusal of the averments made in writ petitions and impugned Official Memorandum dated 09th May, 2024 issued by the - 8 - HC-KAR CNR: KAHC010139852025 NC: 2026:KHC:48447 WP NO.7727 OF 2025 C/W WP NO.36306 OF 2024 respondent-Deputy Commissioner, it is forthcoming that the land to an extent of 1 acre out of 25 acres in Survey No.58 of Gowdahalli village has been earmarked for the benefit of Slum Dwellers and accordingly, Hakku Patra has been issued to the various grantees by the respondent- Authorities. Therefore, I do not find any perversity in the Official Memorandum dated 09th May, 2024 issued by the respondent-Deputy Commissioner, reserving the land to an extent of 1 acre out of 25 acres in favour of Karnataka Slum Development Board for the benefit of Slum Dwellers. Accordingly, I pass the following: O R D E R (i) Writ Petition No.7727 of 2025 is dismissed; (ii) Writ Petition No.36306 of 2024 is allowed; (iii) Order dated 19th November, 2024 (Annexure-Q in WP No.36306/2024) passed by the respondent-Tahsildar, recommending to cancel the land reserved for the benefit of Slum Dwellers as per Official Memorandum - 9 - HC-KAR CNR: KAHC010139852025 NC: 2026:KHC:48447 WP NO.7727 OF 2025 C/W WP NO.36306 OF 2024 dated 09th May, 2024 (Annexure-A in WP No.7727/2025) is hereby set-aside; (iv) It is made clear that, the petitioner- Development and Management Committee of the School in question in WP No.7727/2025 is at liberty to approach the competent authority, seeking grant of land for the benefit of the School, if so advised; (v) Applications IA.3/2026 and 5/2026 filed for impleading in WP No.7727/2025 stands disposed of. Sd/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 59