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2026 DAILYLAW 48149 (KAR)

SRI. DODDARANGAPPA v. THE STATE OF KARNATAKA

WA/747/2025 · 2026-02-02

D K Singh, Tara Vitasta Ganju

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:5747-DB WA No. 747 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 747 OF 2025 (LB-RES) BETWEEN: 1. SRI. DODDARANGAPPA S/O. LATE. DASANNA, AGED ABOUT 70 YEARS, 2. SRI. GOVINDAPPA @ GOVINDAIAH S/O. LATE. DASANNA, AGED ABOUT 66 YEARS, 3. SRI. RANGASWAMAIAH S/O. LATE. DASANNA, AGED ABOUT 63 YEARS, 4. SRI. NARAYANAPPA, S/O. LATE. DASANNA, AGED ABOUT 62 YEARS, 5. SRI. SHIVANNA S/O. LATE. DASANNA, AGED ABOUT 60 YEARS, ARE R/AT. THIMMARAJANAHALLI VILLAGE, BELLAVI HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT -572 132. …APPELLANTS (BY SRI. SIDDARAMAIAH., ADVOCATE) - 2 - HC-KAR NC: 2026:KHC:5747-DB WA No. 747 of 2025 AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, M.S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, MINI VIDHANA SOUDHA, DR. AMBEDKAR ROAD TUMAKURU-572 101. 3. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH, BELAGUMBA ROAD, TUMAKURU-572 102. 4. THE EXECUTIVE OFFICER, TALUK PANCHAYATH, TUMAKURU TALUK, BELAGUMBA ROAD, TUMAKURU-572 102. 5. THE PANCHAYATH DEVELOPMENT OFFICER, THIMMARAJANAHALLI GRAMA PANCHAYATH, THIMMARAJANAHALLI, BELLAVI HOBLI, NELAHAL POST, TUMAKURU TALUK, TUMAKURU DISTRICT-572 128. 6. THE MANAGING DIRECTOR, RAJIV GANDHI HOUSING BOARD, RAJAJINAGAR, BENGALURU-560 010. 7. SMT. PUSHPALATHA W/O. JAYARAMAIAH T.Y., AGED ABOUT 41 YEARS, - 3 - HC-KAR NC: 2026:KHC:5747-DB WA No. 747 of 2025 R/O. THIMMARAJANAHALLI BELLAVI HOBLI, NELAHAL POST TUMAKURU TALUK - 572 128. 8. SMT. SAKAMMA W/O. SOMASHEKHARA, AGED ABOUT 51 YEARS, R/O. THIMMARAJANAHALLI BELLAVI HOBLI, NELAHAL POST, TUMAKURU TALUK - 572 128. 9. SMT. NETHRAVATHI.H.J. W/O. SRINATH.K. AGED ABOUT 34 YEARS, R/O. THIMMARAJANAHALLI BELLAVI HOBLI, NELAHAL POST TUMAKURU TALUK-572 128. 10. SMT. CHANNAMMA W/O. VEERANNA, AGED ABOUT 54 YEARS, R/O. THIMMARAJANAHALLI, BELLAVI HOBLI, NELAHAL POST, TUMAKURU TALUK - 572 128. 11. SRI. SIDDAGANGAMMA W/O. KHADRAPPA, AGED ABOUT 53 YEARS, R/O. THIMMARAJANAHALLI, BELLAVI HOBLI, NELAHAL POST, TUMAKURU TALUK-572 128. 12. SMT. KALPANA W/O. RAMANNA, AGED ABOUT 41 YEARS, R/O. THIMMARAJANAHALLI, BELLAVI HOBLI, NELAHAL POST, TUMAKURU TALUK - 572 128. - 4 - HC-KAR NC: 2026:KHC:5747-DB WA No. 747 of 2025 13. SMT. RENUKAMMA W/O. NAGARAJU, AGED ABOUT 50 YEARS, R/O. THIMMARAJANAHALLI, BELLAVI HOBLI, NELAHAL POST, TUMAKURU TALUK-572 128. 14. SMT. ADILAKSHMAMMA W/O. RAMANNA @ RAMACHANDRAIAH, AGED ABOUT 51 YEARS, R/O. THIMMARAJANAHALLI, BELLAVI HOBLI, NELAHAL POST, TUMAKURU TALUK-572 128. …RESPONDENTS (BY SRI. M.N.SUDEV HEGDE., AGA FOR R1 TO R2; SRI. A.NAGARAJAPPA., ADVOCATE FOR R3 TO R5; SMT. SUMANA BALIGA., ADVOCATE R6; SRI. G.S.BALAGANGADHAR., ADVOCATE FOR C/R7 TO 14) *** THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT/RULE 27 OF WRIT PROCEEDINGS RULES, PRAYING TO CALL FOR THE RECORDS IN WP No.30644/2025 (LB) AND BE PLEASED TO SET ASIDE THE ORDER DATED 24.3.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON’BLE COURT AND THEREBY PLEASED TO ALLOW THE WP IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:5747-DB WA No. 747 of 2025 CORAM: HON'BLE MR. JUSTICE D K SINGH & HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present intra-Court appeal has been filed by the appellants impugning the order dated 24.03.2025, passed by the learned Single Judge in Writ Petition No.30644/ 2024 (LB-RES). 2. The parties are referred to as per their ranking before the Writ Court, for the sake of convenience. 3. The petitioners had filed the impugned Writ Petition for setting aside the order passed by the learned Single Judge dated 25.06.2024 in Writ Petition No.6040/2024. In fact the writ petition was in the nature of a review petition, seeking review of the order dated 25.06.2024 passed in Writ Petition No.6040/2024, inasmuch as the petitioners were not parties in the said writ petition. - 6 - HC-KAR NC: 2026:KHC:5747-DB WA No. 747 of 2025 4. The respondents had filed Writ Petition No.6040/ 2024, seeking a writ of mandamus, directing the Managing Director of the Rajiv Gandhi Housing Board to form sites and distribute the same in favour of the eligible persons. The petitioners claim title over the land in question, measuring 24 guntas in Sy.No.1/5 situated at Thimmarajanahalli Village, Bellavi Hobli, Tumkur Taluk and District. 5. The petitioners claim that they had filed original suit in O.S.No.143/2002 in respect of the said land which came to be decreed in their favour. They had filed another suit in O.S.No.208/2011 against the State, Deputy Commissioner and other Officers including the Grama Panchayat, seeking a declaration of title in respect of 24 guntas of land in Sy.No.1/5 situated at Thimmarajanahalli Village, Bellavi Hobli, Tumkur Taluk and District. 6. The learned Single Judge, by an order dated 25.06.2024 in Writ Petition No.6040/2024 had directed the - 7 - HC-KAR NC: 2026:KHC:5747-DB WA No. 747 of 2025 Managing Director of Rajiv Gandhi Housing Board [hereinafter referred to as the “Managing Director”] to proceed to form a Layout and allot the same to the eligible persons. Therefore, the learned Single Judge stated that such direction would not, in any way, prejudice the rights of the petitioners, if they had any decree or any temporary injunction in respect of the land in question in their favour, if the same is brought to the notice of the Managing Director. 7. We have considered the submissions. We are of the view that the Managing Director has to act in accordance with law and has to consider the decree and injunction orders, if operating in respect of the land in question. Therefore, we dispose of this writ appeal, with liberty to the petitioners as well as the respondents to adduce all relevant documents and judgments and decree/ applications/order in their favour before the Managing Director, who shall consider them before proceeding to form the Layout. - 8 - HC-KAR NC: 2026:KHC:5747-DB WA No. 747 of 2025 8. Needless to say that the Managing Director will hear the parties before taking a final decision. All pending applications stand closed. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE BMV* List No.: 2 Sl No.: 9 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA