- 1 - HC-KAR CNR: KAHC010058912011 NC: 2026:KHC:53116 WP No. 37081 of 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.37081 OF 2011 (KLR-LG) BETWEEN: 1. KALEGOWDA S/O LATE DODDAKARIGOWDAAGED AGED ABOUT 46 YEARS R/AT GANDATTURU VILLAGE ANTHARASANTHE HOBLI H D KOTE TALUK MYSURU DISTRICT. …PETITIONER (BY SRI. SANDEEP PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU. 2. THE ASSISTANT COMMISSIONER HUNSUR SUB-DIVISION HUNSUR MYSURU DISTRICT. 3. THE TAHSILDAR H D KOTE TALUK Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010058912011 NC: 2026:KHC:53116 WP No. 37081 of 2011 MYSURU DISTRICT. 4. THE SECRETARY N BEGUR GRAMA PANCHAYATH GANDATTURU VILLAGE H D KOTE TALUK MYSORE DISTRICT. 5. HUMAYUN SIDDIQUI SINCE DECEASED, REP. BY LRS. 5(a). SRI. IMRAN SIDDIQ S/O LATE HUMAYUN SIDDIQUI, AGED:MAJOR GANDATTURU VILLAGE HD KOTE TALUK R/AT NO.2278, 6TH CROSS BASAVESHWARA ROAD K.R. MOHALLA MYSURU. 5(b). SRI. RIHAN SIDDIQ S/O LATE HUMAYUN SIDDIQUI AGED: MAJOR GANDATTURU VILLAGE HD KOTE TALUK R/AT NO.2278, 6TH CROSS BASAVESHWARA ROAD K.R. MOHALLA MYSURU. 5(c). SMT. HUSNA SIDDIQ D/O LATE HUMAYUN SIDDIQUI AGED: MAJOR - 3 - HC-KAR CNR: KAHC010058912011 NC: 2026:KHC:53116 WP No. 37081 of 2011 GANDATTURU VILLAGE HD KOTE TALUK R/AT NO.2278, 6TH CROSS BASAVESHWARA ROAD K.R. MOHALLA MYSURU. 6. CHALUVEGOWDA S/O DODDAKARIGOWDA GANDATTURU VILLAGE H D KOTE TALUK MYSURU DISTRICT. …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1-R3; SRI. RAVI R.S., SENIOR COUNSEL FOR SRI. AKARSH KUMAR GOWDA, ADVOCATE FOR R6; R4 AND R5(b) ARE SERVED BUT UNREPRESENTED; R5(a) AND R5(c) SERVICE OF NOTICE IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 23.11.2010 PASSED BY THE 1ST RESPONDENT IN RA NO.01/2009-10 (VIDE ANNEXURE A); AND ETC. 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 - 4 - HC-KAR CNR: KAHC010058912011 NC: 2026:KHC:53116 WP No. 37081 of 2011 ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. The petitioner herein is assailing the order dated 23.11.2010 in case No. RA/1 & 1A/2009-10 (Annexure-A) passed by respondent No.1 and the order dated 20.11.2008 in case No.LND 26/05-06 (Annexure-B) passed by respondent No.2, inter alia, sought for a direction to respondent Nos.1 to 3 to restore the schedule land back to the petitioner. 3. Sri. Sandeep Patil, learned counsel appearing for the petitioner, by referring to the impugned order contended that the land bearing Sy.No.32/13 has been granted to the petitioner as well as his brother and the grant made in favour of the petitioner is land bearing Sy.No.32/13 of Gandatturu Village, H.D.Kote Taluk, Mysuru District. It is contended by the learned counsel appearing for the petitioner by referring to the impugned order at Annexure-E that construction of resort has been made in land bearing Sy.No.32/14 which belongs to the brother of the petitioner, however, no construction of resort has - 5 - HC-KAR CNR: KAHC010058912011 NC: 2026:KHC:53116 WP No. 37081 of 2011 been made in land bearing Sy.No.32/13, and therefore sought for interference of this Court. 4. Per contra, Sri. Aditya Diwakara, learned Additional Government Advocate appearing for respondent Nos.1 to 3, sought to justify the impugned orders. 5. In the light of the submissions made by the learned counsel appearing for the parties, it is not in dispute that grant of land to the petitioner is in land bearing Sy.No.32/13, however the grant made in favour of the petitioner has been interfered with by respondent – authorities on the ground that an extent of 2 acres 1 gunta of land has been utilised for the purpose of construction of resort which is contrary to the object of granting of land under the provisions of Land Grant Rules, 1969. 6. Taking into consideration the finding recorded by the Tahsildar, H.D.Kote, in the communication addressed to the Assistant Commissioner, Hunasuru Sub Division dated 08.11.2005(Annexure-E), wherein it is stated that petitioner herein is in possession of land bearing Sy.No.32/14 and - 6 - HC-KAR CNR: KAHC010058912011 NC: 2026:KHC:53116 WP No. 37081 of 2011 therefore, I find force in the submission made by the learned counsel appearing for the petitioner. 7. Accordingly, I pass the following: ORDER (i) The Writ Petition is allowed. (ii) The order dated 23.11.2010 in case No. RA1 & 1A/2009-10 (Annexure-A) passed by respondent No.1 and the order dated 20.11.2008 in case No.LND 26/05-06 (Annexure-B) passed by respondent No.2, are hereby set aside. (iii) However, it is open for respondent Nos.2 and 3 to conduct spot inspection in respect of land in question. In the event if any construction has been made in land bearing Sy.No.32/13 or land bearing Sy.No.32/14 in terms of the allegation made in the impugned orders, it is open for the respondent-authorities to take action against the respective grantees in a manner known to law. Sd/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 45