- 1 - HC-KAR CNR: KAHC010270782026 NC: 2026:KHC:56312 WP No. 12286 of 2026 C/W WP No. 37659 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 12286 OF 2026 (GM-RES) C/W WRIT PETITION NO. 37659 OF 2025 (GM-RES) IN WP No. 12286/2026 BETWEEN: SAHANA B W/O. SAMPATH KUMAR G MATHRUSHREE, AGED ABOUT 40 YEARS, OCC: PRIVATE JOB AND HOUSEWIFE, R/O. 3RD CROSS, CHIKKAHONNENAHALLI, NEAR VIJAYA ENGLISH SCHOOL, CHIKKA HONNENAHALLI, VIDYANAGAR, (HASSAN), HASSAN KARNATAKA - 520 202. …PETITIONER (BY SRI. SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY TO GOVERNMENT REVENUE DEPARTMENT (SPECIAL CELL) OFFICE AT 3RD GATE, 5TH FLOOR, M.S. BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU - 560 001 2. THE ASST. COMMISSIONER AND COMPETENT AUTHORITY, BANGALORE NORTH SUB-DIVISION KANDHAYA BHAVAN, 2ND FLOOR, - 2 - HC-KAR CNR: KAHC010270782026 NC: 2026:KHC:56312 WP No. 12286 of 2026 C/W WP No. 37659 of 2025 K.G.ROAD BENGALURU - 560 009 3. THE ASST. COMMISSIONER, HASSAN SUB-DIVISION, N.R. CIRCLE HASSAN - 520 201 4. MR. ACHUTHA H.C. S/O. CHALUVEGOWDA, AGED ABOUT 36 YEARS MANAGING DIRECTOR OF M/S. ANUGRAHA PROPERTIES R/O. HANDRANGI VILLAGE, KONANUR HOBLI ARAKALAGUDU TALUK, HASSAN - 520 130 …RESPONDENTS (BY SRI. RAHUL CARIAPPA K.S., AGA FOR R1 AND R3 SRI. RAKSHITH M.N. ADVOCATE FOR SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2 SRI. B.N. MAHESH CHANDRA, ADVOCATE FOR SRI. MANIKANTA H.B., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLERS 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED GOVERNMENT NOTIFICATION BEARING NO.E-RD 99 GRC 2021 (ANNEXURE-E) DATED 07-12-2022 ISSUED BY THE RESPONDENT NO.1 IN SO FAR AS IT RELATES TO SL. NO.40 AT ANNEXURE-1 I.E., LAND BEARING SURVEY NO.706/3 MEASURING 2 ACRES 5 GUNTAS SITUATED AT HANDHINAKERE VILLAGE, KASABA HOBLI, TALUK AND DIST HASSAN, NOW FALLING WITHIN THE LIMITS OF MUNICIPAL CORPORATION, HASSAN AS BEARING ARBITRARY ERRONEOUS AND CONTRARY TO LAW, EQUITY AND JUSTICE. IN WP NO. 37659/2025 BETWEEN: 1. SRI. B.C. MANAKAWAD - 3 - HC-KAR CNR: KAHC010270782026 NC: 2026:KHC:56312 WP No. 12286 of 2026 C/W WP No. 37659 of 2025 S/O. CHANNABASAPPA MANAKAWAD AGED ABOUT 68 YEARS R/AT. NO.13989/48 SNEHA, 2ND MAIN ROAD, VIDHYAGIRI, GANDHINAGAR VTC, DHARWAD DISTRICT - 580 009 2. SRI. MANU D S/O. DEVARAJU. T. AGED ABOUT 39 YEARS, R/A NO.2635, GANIGARA ROAD OPP. OLD REGISTER OFFICE, HASSAN CITY, TALUK AND DIST. HASSAN - 573 201 3. SMT.SHAISTA TARANNAM D/O. LATE C.M. VAZIR AHMED AGED ABOUT 42 YEARS R/A. NO.28, C.LAYOUT, 4TH MAIN ROAD, 2ND CROSS BANNIMANTAPA, MYSORE REPRESENTED BY HER GPA HOLDER SRI.M.S. MOHAMMED BIN SHEIK BEARY R/A. NO.647, YUSRA MANZIL, BELUR ROAD, VIJAYANAGAR 2ND STAGE HASSAN - 573 201 4. SMT. MEENAKSHI, W/O. KANTARAJU B.A. AGED ABOUT 56 YEARS R/A VEERABHADRESHWARA NILAYA 2ND CROSS, SHANTHINAGAR HASSAN - 573 201 5. SRI. SUBBAIAH P. S/O. PAPALAH AGED ABOUT 59 YEARS R/A NO.492/2, LAKSHMIPURAM LAYOUT SAKLESHPUR CITY, SAKLESHPUR, - 4 - HC-KAR CNR: KAHC010270782026 NC: 2026:KHC:56312 WP No. 12286 of 2026 C/W WP No. 37659 of 2025 HASSAN DIST - 573 134. 6. SMT. ASHA B.N W/O. SATISHKUMAR H.R. AGED ABOUT 40 YEARS R/A. WARD NO.6, SAANIDHYA NILAYA VINAYAKANAGAR, FORT, ARAKALAGUDU TALUK HASSAN DIST - 573 102. 7. SRI. MOHANKUMAR B.N. S/O. NAGESH B.V. AGED ABOUT 35 YEARS R/A. BOMMENAHALLI VILLAGE, SALAGAME HOBLI, HASSAN TALUK, HASSAN DISTRICT - 573 201. 8. SRI. RAMESHA M.K. S/O. KULLAPPA AGED ABOUT 46 YEARS R/A. RENUKAMBA NILAYA, NO.314, 3RD FLOOR, 1ST CROSS, SOLAPPA GARDEN, NEAR RENUKAMBA TEMPLE, CHUNCHAGHATTA BENGALURU SOUTH - 560 078. 9. SRI. PRATISHKUMAR SHETTY S/O. SHEKAR SHETTY AGED ABOUT 46 YEARS R/A. WARD NO.1, 2ND CROSS, MIG-35 KUVEMPUNAGAR, HASSAN CITY, HASSAN TALUK, HASSAN DISTRICT - 573 201. 10. SRI. PARAMESHA B.A. S/O. ANNEGOWDA AGED ABOUT 62 YEARS R/AT. KASTURI FARM HOUSE, BITTAGOWDANAHALLI VILLAGE, NAARIHALLI ROAD, KASABA HOBLI, - 5 - HC-KAR CNR: KAHC010270782026 NC: 2026:KHC:56312 WP No. 12286 of 2026 C/W WP No. 37659 of 2025 HASSAN TALUK, HASSAN DISTRICT - 573 201. 11. SMT. SAVITHA W/O. VIJAYAKUMAR S.K. AGED ABOUT 60 YEARS RESIDING NEAR KALAMMA TEMPLE ROAD, SHRAVANABELAGOLA RURAL, CHANNARAYAPATNA TALUK HASSAN DISTRICT - 573 116. 12. SRI. RAGHU S/O. BASAVARAJU AGED ABOUT 41 YEARS, R/A. YAREHALLI VILLAGE, KASABA HOBLI, HASSAN TALUK, HASSAN DISTRICT - 573 201. 13. SRI. BANGARI A.P S/O. LATE PUTTEGOWDA, AGED ABOUT 54 YEARS, R/A. PALYA VILLAGE, PALYA HOBLI, ALUR TALUK, HASSAN DISTRICT - 573 213. ...PETITIONERS (BY SRI. SHIVALLI SHIVAYOGI YALLAPPAGOUDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY TO GOVERNMENT REVENUE DEPARTMENT (SPECIAL CELL) OFFICE AT 3RD GATE, 5TH FLOOR, M.S. BUILDING. DR. AMBEDKAR VEEDHI, BENGALURU - 560 001 2. THE ASST. COMMISSIONER BANGALORE NORTH SUB-DIVISION KANDHAYA BHAVAN, 2ND FLOOR, K.G.ROAD BENGALURU - 560 009 - 6 - HC-KAR CNR: KAHC010270782026 NC: 2026:KHC:56312 WP No. 12286 of 2026 C/W WP No. 37659 of 2025 3. THE ASST. COMMISSIONER, HASSAN SUB-DIVISION, N.R. CIRCLE HASSAN - 573 201 4. MR. ACHUTHA H. C. S/O. CHALUVEGOWDA, AGED ABOUT 36 YEARS MANAGING DIRECTOR OF M/S. ANUGRAHA PROPERTIES R/O. HANDRANGI VILLAGE, KONANUR HOBLI ARAKALAGUDU TALUK, HASSAN - 573 130 ...RESPONDENTS (BY SRI. RAHUL CARIAPPA K.S., AGA FOR R1, R3 SRI. RAKSHITH M.N., ADVOCATE FOR SRI. VEERESH R. BUDIHAL, ADVOCATE FOR R2 SRI. B.N. MAHESH CHANDRA, ADVOCATE FOR SRI. MANIKANTA H.B., ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED GOVERNMENT NOTIFICATION BEARING NO. E-RD 99 GRC 2021 (ANNEXURE-V) DATED 07-12-2022 ISSUED BY THE RESPONDENT NO.1 IN SO FAR AS IT RELATES TO SL. NO.40 AT ANNEXURE-1 I.E., LAND BEARING SURVEY NO.706/3 MEASURING 2 ACRES 5 GUNTAS SITUATED AT HANDHINAKERE VILLAGE, KASABA HOBLI, TALUK AND DIST HASSAN, NOW FALLING WITHIN THE LIMITS OF MUNICIPAL CORPORATION, HASSAN AS BEARING ARBITRARY ERRONEOUS AND CONTRARY TO LAW, EQUITY AND JUSTICE ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR CNR: KAHC010270782026 NC: 2026:KHC:56312 WP No. 12286 of 2026 C/W WP No. 37659 of 2025 CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petitions are filed seeking for the following reliefs: In WP.No.12286/2026 "i. To issue a wit of certiorari or any other writ or direction, quashing the impugned Government Notification bearing No. E-RD 99 GRC 2021 (Annexure-E) dated 07-12-2022 issued by the respondent No.1 in so far as it relates to Sl. No.40 at Annexure-1 i.e., land bearing survey No.706/3 measuring 2 acres 5 guntas situated at Handhinakere village, Kkasaba hobli, Taluk and Dist Hassan, now falling within the limits of municipal corporation, Hassan as bearing arbitrary erroneous and contrary to law, equity and justice. or in the alternatively ii. Issue a writ of mandamus or any other writ or direction, directing the respondent authorities to delete the property / site purchased by the petitioner as described / mentioned in the schedule B property, formed in sy. No. 706/3 measuring 2 acres 5 guntas situated at Handhinakere village, Kasaba hobli, Taluk and Dist Hassan, now falling within the limits of municipal corporation, Hassan are concerned in the ends of justice and equity. iii. Issue a writ of mandamus or any other writ order or direction, directing the respondent No.2 to delete the entry made in Column No. 11 of RTC (Annexure- H) of survey No. 706/3 measuring 2 acres 5 guntas situated Yerehalli village (Handinakere) Kasaba Hobli, Hassan, now falling within the limits of municipal corporation, Hassan, that not alienate based on Government Ntification bearing NO. E-RD 99 GRC 2021 dated 07-12-2022 in ends of justice and equity. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 8 - HC-KAR CNR: KAHC010270782026 NC: 2026:KHC:56312 WP No. 12286 of 2026 C/W WP No. 37659 of 2025 iv. To grant any other reliefs as deems fit by this Hon'ble Court including the costs of this writ petition in the ends of justice and equity." In WP.No.37659/2025 "i. To issue a writ of certiorari or any other writ or direction, quashing the impugned Government Notification bearing No. E-RD 99 GRC 2021 (Annexure-V) dated 07-12-2022 issued by the respondent no.1 in so far as it relates to Sl. No.40 at Annexure-1 i.e., land bearing survey no.706/3 measuring 2 acres 5 guntas situated at Handhinakere village, Kasaba hobli, Taluk and Dist Hassan, now falling within the limits of municipal corporation, Hassan as bearing arbitrary erroneous and contrary to law, equity and justice. or in the alternatively ii. Issue a writ of mandamus or any other writ or direction, directing the respondent authorities to delete the properties / sites purchased the petitioners as described / mentioned in the schedule B properties at item No.1 to 13, formed in Sy. No. 706/3 measuring 2 acres 5 guntas situated at Handhinakere village, Kasaba hobli, Taluk and Dist Hassan, now falling within the limits of municipal corporation, Hassan are concerned in the ends of justice and equity. iii. Issue a writ of mandamus or any other writ order or direction, directing the respondent no.2 to delete the entry made in Column No. 11 of RTC (Annexure- Y) of survey No. 706/3 measuring 2 acres 5 guntas situated Yerehalli village (Handinakere) Kasaba hobli, Hassan, now falling within the limits of municipal corporation, Hassan, that not alienate based on Government Notification bearing No. E-RD 99 GRC 2021 dated 07-12-2022 in ends of justice and equity. Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 9 - HC-KAR CNR: KAHC010270782026 NC: 2026:KHC:56312 WP No. 12286 of 2026 C/W WP No. 37659 of 2025 iv. To grant any other reliefs as deems fit by this Hon'ble Court including the costs of this writ petition in the ends of justice and equity." 2. Learned counsel for the petitioners submits that the notification dated 07.12.2022 (Annexure-E to the writ petition) which is impugned in the present writ petition has already been quashed by a Co-ordinate Bench of the this Court in the case of Smt. Dakshayini R.R and Others V.s The State of Karnataka and Others1, insofar as the properties of the petitioner therein mentioned in Schedule-B to the said writ petition. However, liberty was granted to the competent authorities to take recourse under Section 13 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 20042. 3. The learned counsel for the respondents do not dispute the legal position as held in the case of Smt. Dakshayini R.R1. 4. In view of the aforementioned, the impugned order dated 07.12.2022 (Annexure-E to the writ petition) insofar as 1 WP.No.3621/2024 DD 07.08.2026 2 Hereinafter referred as to 'Act' Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA - 10 - HC-KAR CNR: KAHC010270782026 NC: 2026:KHC:56312 WP No. 12286 of 2026 C/W WP No. 37659 of 2025 the properties of the petitioners which are mentioned in Schedule-B to both the writ petitions are hereby quashed. 5. Liberty is reserved to the competent authority to take recourse to Section 13 of the Act in respect of the properties of the petitioners. 6. The writ petitions are disposed of in the aforementioned terms. (C.M. POONACHA) JUDGE PNV List No.: 2 Sl No.: 43 Digitally Signed by CHEPPUDIRA MONNAPPA POONACHA