- 1 - HC-KAR CNR: KAHC010044262018 NC: 2026:KHC:49650 WP NO.14134 OF 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.14134 OF 2018 (KLR-RES) BETWEEN: KALPANA EDUCATION AND CHARITABLE TRUST NO.283/D, 40TH CROSS, 10TH MAIN ROAD, 5TH BLOCK, JAYANAGAR, BENGALURU - 560 041. REP. BY ITS MANAGING TRUSTEE/CHAIRMAN, SRI. M.S. JAGANNATHA, S/O LATE SRI. SRINIVASA, AGED ABOUT 62 YEARS. …PETITIONER (BY SRI. B. RAMESH, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, DISTRICT OFFICES COMPOUND, K.G.ROAD, BENGALURU - 560 009. 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION, KANDAYA BHAVAN, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010044262018 NC: 2026:KHC:49650 WP NO.14134 OF 2018 K.G. ROAD, BENGALURU - 560 009. 4. THE TAHASILDAR BENGALURU SOUTH TALUK, KANDAY BHAVAN, K.G. ROAD, BENGALURU - 560 009. 5. SRI. NAGARAJCHARI S/O. LATE CHIKKABETTACHARI, SINCE DECEASED, BY LRS. 5(a). SMT. MANULA D/O LATE NAGARAJACHARI, AGED ABOUT 49 YEARS. 5(b). SRI. NAGESH S/O LATE NAGARAJACHARI AGED ABOUT 46 YEARS. 5(c). SRI. GANESH S/O LATE NAGARAJACHARI, AGED ABOUT 44 YEARS. RESPONDENTS 5(a) to 5(c)ARE R/AT: UTTARI VILLAGE, KAGGALIPURA POST, UTTHARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU - 560 082. …RESPONDENTS (BY SRI. SHAMANTH NAIK, AGA FOR R1 TO R4; SRI. P. GANESHA, ADVOCATE FOR R5(a) to R5(c)) THIS WRIT PETITION IS UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THAT THE ORDER PASSED BY THE RESPONDENT NO.2 IN RRT[S]CR:68/2017-18 DATED 18TH NOVEMBER, 2017 VIDE ANNEXURE-F AS NULL AND VOID; AND ETC. - 3 - HC-KAR CNR: KAHC010044262018 NC: 2026:KHC:49650 WP NO.14134 OF 2018 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, the petitioner is challenging the Official Memorandum dated 18th November, 2017 (Annexure-F) issued by the respondent No.2. 2. Heard Sri. B. Ramesh, learned counsel appearing for the petitioner; Sri. Shamanth Naik, learned Additional Advocate General appearing for respondents 1 to 4; and Sri. P. Ganesha, learned counsel appearing for respondents 5(a) to 5(c). 3. Sri. B. Ramesh, learned counsel appearing for the petitioner contended that the respondent No.2 had issued impugned Official Memorandum, wherein the land to an extent of 1 acre 03 guntas in Survey No.127/2 of Uttari Village, Uttarahalli Hobli has been ordered to be restored as phada. In this regard, he submits that the finding has been made by the respondent No.2 that the land in question has been considered as phada for not utilising and not paying the taxes. He further - 4 - HC-KAR CNR: KAHC010044262018 NC: 2026:KHC:49650 WP NO.14134 OF 2018 places, reliance on the letter dated 02nd April, 2025 addressed by the respondent No.3-Assistant Commissioner to the respondent No.4-Tahsildar and submits that the recommendation has been made to the respondent No.4- Tahsildar to enter the name of the petitioner in the revenue records in respect of 20 guntas of land in Survey No.127/2 of Uttari Village, Uttarahalli Hobli. Accordingly, he contended that the impugned Official Memorandum dated 18th November, 2017 (Annexure-F) issued by the respondent No.2 is required to be interfered with by this Court in respect of 20 guntas of the land. 4. Per contra, Sri. P. Ganesha, learned counsel appearing for respondents 5(a) to 5(c) submits that, in the event, if the phada has been restored, the same will adversely affect the interest of the respondents 5(a) to 5(c). 5. Sri. Shamanth Naik, learned Additional Government Advocate appearing for respondents 1 to 4 sought to justify the impugned official memorandum issued by the respondent No.2. 6. In the light of submission made by learned counsel appearing for the parties, on careful consideration of the - 5 - HC-KAR CNR: KAHC010044262018 NC: 2026:KHC:49650 WP NO.14134 OF 2018 material on record, the same would indicate that the respondent No.2 had issued impugned Official Memorandum dated 18th November, 2017 (Annexure-F), wherein the land to an extent of 1 acre 03 guntas has been ordered to be restored as phada, however, on perusal of the same, there is no order to effect that the land in question to an extent of 20 guntas belonging to the petitioner has been declared as phada. In this regard, on perusal of the letter dated 02nd April, 2025 addressed by the respondent No.3 to the respondent No.4, it is forthcoming that the recommendation has been made to the respondent No.4-Tahsildar to enter the name of the petitioner in respect of 20 guntas of land in Survey No.127/2 of Uttari Village, Uttarahalli Hobli. Therefore, I am of the view that the land to an extent of 20 guntas cannot be identified and considered as phada as the same is in cultivation of the petitioner. In that view of the matter, Official Memorandum dated 18th November, 2017 (Annexure-F) issued by the respondent No.2 is set-aside in respect of land to an extent of 20 guntas in Survey No.127/2 of Uttari Village, Uttarahalli Hobli. Accordingly, the respondent No.4-Tahsildar is directed to - 6 - HC-KAR CNR: KAHC010044262018 NC: 2026:KHC:49650 WP NO.14134 OF 2018 mutate the name of the petitioner in the RTC in respect of 20 guntas out of total extent of land. With this observation, writ petition stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 3