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2026 DAILYLAW 43266 (KAR)

SRI.G.SRINIVAS v. THE DEPUTY COMMISSIONER

WA/891/2025 · 2026-09-21

D K Singh, H Shanthi Bhushan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010365882025 NC: 2026:KHC:52574-DB WA No. 891 of 2025 C/W WA No. 917 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 891 OF 2025 (KLR-RES) C/W WRIT APPEAL NO. 917 OF 2025 (KLR-RES) IN WA No. 891/2025 BETWEEN: 1. SRI.G.SRINIVAS S/O. LATE GOPALAPPA AGED ABOUT 45 YEARS 2. SRI. SHIVA PRAKASH S/O. LATE HANUMANTHAPPA AGED ABOUT 37 YEARS 3. SRI. MADHU K S/O. KARIBASAPPA AGED ABOUT 39 YEARS 4. SRI. SHIDDISH M S/O. MANDAPPA AGED ABOUT 41 YEARS 5. SRI RAVIDNRA K S/O KRISHNAPPA AGED ABOUT 39 YEARS 6. SRI SHANTHAMMA W/O LATE SHANTHAPPA Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010365882025 NC: 2026:KHC:52574-DB WA No. 891 of 2025 C/W WA No. 917 of 2025 AGED ABOUT 51 YEARS 7. SRI NAGARAJAPPA S/O LATE RANGAPPA AGED ABOUT 56 YEARS 8. SRI L K CHANDRU S/O KRISHNAPPA AGED ABOUT 41 YEARS 9. SMT MANJULA W/O LATE SHANMUKAPPA AGED ABOUT 46 YEARS 10. SRI MANJUNATH M S/O LATE MAHALINGAPPA AGED ABOUT 36 YEARS 11. SRI CHANDRAPPA S/O LATE MALALAGOPPA RANGAPPA AGED ABOUT 49 YEARS 12. SRI SUNDRAPPA S/O LATE HALAPPA AGED ABOUT 61 YEARS 13. SRI SHIVARAJAPPA S/O LATE BAIRAPPA AGED ABOUT 57 YEARS 14. SRI RAJASHEKARA S/O LATE HALAPPA AGED ABOUT 51 YEARS 15. SRI NAGARAJA S/O RANGAPPA AGED ABOUT 47 YEARS 16. SMT NAGAMMA S/O SARASAPPA AGED ABOUT 46 YEARS - 3 - HC-KAR CNR: KAHC010365882025 NC: 2026:KHC:52574-DB WA No. 891 of 2025 C/W WA No. 917 of 2025 17. SMT MANJAPPA A D S/O LATE RAMAPPA AGED ABOUT 54 YEARS 18. SMT RATHNAMMA W/O LATE KUMARAPPA AGED ABOUT 49 YEARS 19. SMT SARVAMANGALA W/O LATE RANGANATHAPPA AGED ABOUT 46 YEARS 20. SRI DEVENDRAPPA S/O LATE RANGAPPA AGED ABOUT 66 YEARS 21. SRI RAMAPPA S/O LATE MUKARANGAPPA AGED ABOUT 64 YEARS 22. SRI GEVINDA RAJ S/O SANNA THIMMAPPA AGED ABOUT 47 YEARS 23. SRI SHIVALINGAPPA S/O RANGAPPA AGED ABOUT 52 YEARS 24. SRI R SURESH S/O HUNASEDU RANGAPPA AGED ABOUT 42 YEARS 25. SRI VENKATESHAPPA S/O LAKKAVALLI RANGAPPA AGED ABOUT 62 YEARS 26. SRI SHANTHAPPA S/O RAMAPPA AGED ABOUT 42 YEARS - 4 - HC-KAR CNR: KAHC010365882025 NC: 2026:KHC:52574-DB WA No. 891 of 2025 C/W WA No. 917 of 2025 27. SRI RANGANATHA S/O MALALAGEPPA RANGAPPA AGED ABOUT 62 YEARS ALL ARE RESIDING AT SIRIGERE VILLAGE, HARANAHALLI HOBLI, SHIVAMOGA TALUK, SHIVAMOGGA DISTRICT – 577 203 …APPELLANTS (BY SMT. AKSHATHA SHETTY.K, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, DEPUTY COMMISSIONER OFFICE BUILDING, SHIVAMOGGA TALUK SHIVAMOGA DISTRICT PIN – 577 201 2. THE TAHASHILDAR SHIVAMOGGA TALUK, TALUK TAHASHILDAR OFFICE, SHIVAMOGA CITY, SHIVAMOGGA DISTRIC PIN 577201. 3. SRI. GURUTEAK PRIVATE LIMITED, NO.874, MODI HOSPITAL ROAD, RAJAJINAGAR BENGALURU BENGALURU-560044 REP BY ITS MANAGING DIRECTOR 4. SMT. RANGAMMA W/O LATE VENKATESHAPPA AGED ABOUT 56 YEARS, 5. SRI. JAGADISH, S/O LATE KUNTARANGAPPA, AGED ABOUT 35 YEARS, - 5 - HC-KAR CNR: KAHC010365882025 NC: 2026:KHC:52574-DB WA No. 891 of 2025 C/W WA No. 917 of 2025 6. SRI. KARIBADAPPA S/O NAGARAJAPPA AGED ABOUT 35 YEARS, 7. SRI. ANANDA S/O LATE HANUMANTHAPPA, AGED ABOUT 40 YEARS, …RESPONDENTS (BY SRI.RAMESH .P.KULKARNI & SRI. VINAY SHREYAS K.V FOR C/R3 (CP NO. 9331/25) SRI. ANKITHA AJAY PATIL FOR R4 TO R6; SRI. MITHUN GAREHALLI AAG/A/W SRI. M.N.SUDEV HEGDE, AGA FOR R1 & R2) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) TO SET ASIDE THE IMPUGNED ORDER DATED 15.04.2025 PASSED IN WP No. 17457/2018 PASSED BY THE LEARNED SINGLE JUDGE AND ISSUE ANY OTHER WRIT OR ORDER OR DIRECTION AS THIS HONBLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, TOGETHER WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. IN WA NO. 917/2025 BETWEEN: 1. SRI KENCHAPPA S/O HALAPPA, AGED ABOUT 60 YEARS 2. SRI. PHAKERAPPA, S/O SRERANGAPPA, AGED ABOUT 45 YEARS ALL ARE RESIDING AT SIRIGERE VILLAGE, HARANAHALLI HOBLI, SHIVAMOGA TALUK, SHIVAMOGGA DISTRICT – 577 203 ...APPELLANTS (BY SMT. AKSHATHA SHETTY K.,ADVOCATE) - 6 - HC-KAR CNR: KAHC010365882025 NC: 2026:KHC:52574-DB WA No. 891 of 2025 C/W WA No. 917 of 2025 AND: 1. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, DEPUTY COMMISSIONER OFFICE BUILDING, SHIVAMOGA TALUK, SHIVAMOGA DISTRICT, PIN 577 201. 2. THE TAHASHILDAR SHIVAMOGGA TALUK, TALUK TAHASHILDAR OFFICE, SHIVAMOGA CITY, SHIVAMOGGA DISTRICT- PIN 577201. 3. SRI. GURUTEAK PRIVATE LIMITED, NO.874, MODI HOSPITAL ROAD, RAJAJINAGAR, BENGALURU – 560 044 REP BY ITS MANAGING DIRECTOR ...RESPONDENTS (BY SRI. RAMESH .P.KULKARNI & SRI. VINAY SHREYAS K.V FOR C/R3 (CP NO. 9331/25) SRI. MITHUN GAREHALLI AAG/A/W SRI. M.N.SUDEV HEGDE, AGA FOR R1 & R2) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) TO SET ASIDE THE IMPUGNED ORDER DATED 15.04.2025 PASSED IN WP No. 17457/2018 PASSED BY THE LEARNED SINGLE JUDGE AND ISSUE ANY OTHER WRIT OR ORDER OR DIRECTION AS THIS HONBLE COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, TOGETHER WITH COST IN THE INTEREST OF JUSTICE AND EQUITY. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 7 - HC-KAR CNR: KAHC010365882025 NC: 2026:KHC:52574-DB WA No. 891 of 2025 C/W WA No. 917 of 2025 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 by the appellants who are said to be the illegal and unauthorized occupants of Government land classified as Jungle Kharab, which is, as per revenue records B Kharab i.e., the Government property. 2. The petitioners’/appellants’ application for allotment of the land in their favour has not been favoured by the Government, as the Jungle Kharab/B Kharab land cannot be allotted/granted. The Government property has to be used for public purposes. Learned single Judge having considered the facts and circumstances of the law, has rejected the Writ Petition filed by the petitioners against the orders passed by the revenue authorities - 8 - HC-KAR CNR: KAHC010365882025 NC: 2026:KHC:52574-DB WA No. 891 of 2025 C/W WA No. 917 of 2025 recording that land in question as Government land in B kharab. 3. We find no error in the impugned judgment and order passed by the learned single Judge. The Writ Appeal is without any merit and substance. 4. Petitioners are on the wrong side of the law. They tried to invoke the jurisdiction of this Court under Article 226 of the Constitution of India and the Writ Court has rightly refused to exercise its discretionary jurisdiction as the petitioners who are the illegal occupants of the Government land, cannot seek remedy for grant of land under Article 226 of the Constitution of India. 5. The Government must retrieve the land from any unauthorized occupants of the land. We do not find any ground to interfere in this appeal. - 9 - HC-KAR CNR: KAHC010365882025 NC: 2026:KHC:52574-DB WA No. 891 of 2025 C/W WA No. 917 of 2025 We therefore, dismiss this appeal, however, without cost. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BVK List No.: 1 Sl No.: 15