Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010150562021 NC: 2026:KHC:53710 WP No. 9603 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 9603 OF 2021 (SC/ST) BETWEEN:
1. SMT THIMMAMMA W/O LATE KARIYAPPA AGED ABOUT 65 YEARS
2. SMT. NAGARATHNA D/O LATE KARIYAPPA AGED ABOUT 35 YEARS,
3. SRI NAGARAJ K S/O LATE KARIYAPPA AGED ABOUT 32 YEARS,
ALL ARE R/AT TAVAREKERE VILLAGE CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 001. …PETITIONERS (BY SRI. NAIK N.R., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE -577001. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
CNR: KAHC010150562021 NC: 2026:KHC:53710 WP No. 9603 of 2021
3. THE ASSISTANT COMMISSIONER DAVANAGERE SUB-DIVISION DAVANAGERE DISTRICT - 577 001
4. SMT. KUSUMA W/O SRI T M MARULASIDDAPPA AGED ABOUT 56 YEARS, R/AT TAVAREKERE VILLAGE, CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 001. …RESPONDENTS
(BY SMT. SAVITHRAMMA, AGA FOR R1 TO R3;
SRI. MANJUNATH PATTANA SHETTY, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 READ WITH UNDER ARTICLE 14 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER Sri.N.R.Naik., counsel for the petitioners appeared through video conferencing; Smt.Savithramma., Additional Government Advocate for respondent Nos.1 to 3, and Sri.Manjunatha Pattana Shetty., counsel for respondent No.4 appeared in person. - 3 -
HC-KAR
CNR: KAHC010150562021 NC: 2026:KHC:53710 WP No. 9603 of 2021
2. The petition is filed seeking a writ of certiorari to quash the orders passed by the Assistant Commissioner and the Deputy Commissioner. These orders are challenged in this writ petition on several grounds as set out in the memorandum of the writ petition. 3. Counsel for the respective parties advanced several contentions. Counsel for the petitioners submits that Assistant Commissioner and Deputy Commissioner have erred in rejecting claim. Urging additional grounds, he submits that the petition may be allowed. AGA and counsel for respondent No.4 justified the order passed by the Assistant Commissioner and Deputy Commissioner. Urging additional grounds, they submit that the petition lacks merit and the same may be dismissed.
- 4 -
HC-KAR
CNR: KAHC010150562021 NC: 2026:KHC:53710 WP No. 9603 of 2021
4. The Court heard the arguments and carefully perused the papers. 5. The present issue is confined to the resumption proceedings initiated at the instance of one Mr. Kariyappa, who alleged violation of the provisions of the PTCL Act and contended that Survey No.6, measuring 3 acres 7 guntas, constitutes granted land. However, no documentary evidence or records were produced before either the Assistant Commissioner or the Deputy Commissioner to substantiate the said contention or establish that the subject land is granted land within the meaning of the PTCL Act. In the absence of any such material, the Assistant Commissioner and the Deputy Commissioner were justified in rejecting the claim. This Court finds no ground to interfere with the orders passed by the authorities below. Accordingly, the writ petition is devoid of merit. - 5 -
HC-KAR
CNR: KAHC010150562021 NC: 2026:KHC:53710 WP No. 9603 of 2021
6. Consequently, the writ petition stands rejected. On rejection of the Writ Petition, any interim order stands discharged, and any pending interlocutory applications, if any, are disposed of. SD/- (JYOTI M) JUDGE
MRP List No.: 1 Sl No.: 34