- 1 - HC-KAR NC: 2026:KHC:1147 WP No. 25855 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 25855 OF 2022 (GM-SLUM) BETWEEN: SRI. T. L. RAJANNA S/O LATE K LAKKAPPA AGED ABOUT 72 YEARS R/AT WARD NO 16, KOTE KUVEMPUNAGARA KADURU TOWN KADURU TALUK CHIKKAMAGALURU DISTRICT - 577 548. …PETITIONER (BY SRI. SRIKANTH PATIL K.,ADVOCATE) AND: 1. THE KARNATAKA SLUM DEVELOPMENT BOARD NO 55, ABHAYA COMPLEX 3RD FLOOR RISLDAR STREET SHESHADRIPURAM BENGALURU - 560 020 REPRESENTED BY ITS SECRETARY. 2. THE EXECUTIVE ENGINEER MSYURU NO 01 DIVISION KARNATAKA SLUM DEVELOPMENT BOARD MYSURU-570 001. 3. THE ASSITANT EXECUTIVE ENGINEER HASSAN SUB DIVISION KSCB NO 373/A NEAR KIADB OFFICE HANUMANTHAPURA ROAD HASSAN- 573 201. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1147 WP No. 25855 of 2022 4. THE TOWN MUNICIPAL COUNCIL KADURU - 577 548 REPRESENTED BY ITS CHIEF OFFICER 5. SRI HUSSAIN S/O KHASIM SAB MAJOR 6. SMT SHAKUNTHALA W/O NAGARAJ MAJOR 7. SMT GEETHA W/O YOGESH MAJOR 8. SMT MANJAMMA W/O LATE NAGARAJU MAJOR 9. STM PARVATHAMMA W/O RITYOS MAJOR 10. SMT MEENAKSHAMMA W/O LATE KRISHNAPPA MAJOR 11. SMT MUNIYAMMA W/O NAGARAJU MAJOR 12. SRI. SHAFI ULLA S/O BASHEER AHEMED MAJOR 13. BASHEER AHEMED S/O LATE IBRAHIM SAB MAJOR 14. ABDUL FAYAZ - 3 - HC-KAR NC: 2026:KHC:1147 WP No. 25855 of 2022 S//O LATE ABDUL KHADAR MAJOR 15. SRI. UNWAR BASHA S/O ABDUL WAHA SAB MAJOR 16. SMT. NOOR JAAN W/O AJAJ HUSSAIN MAJOR 17. SRI. SEETHARAMA K S/O LATE KRISHNAPPA S MAJOR 18. SMT. FATHEEMA NUSARATH W/O SYED YASIN MAJOR 19. SRI. SHANAWAJ S/O SHAMIULLA MAJOR 20. SRI. SYED UMRAN S/O SYED RIZWAN MAJOR 21. SMT. SUNEERABHANU W/O SYED RIZWAN MAJOR 22. SMT. MUBINABHANU W/O SYED TASIN MAJOR 23. SRI. MUJAHAID S/O SYED WAJID MAJOR 24. SRI. SHEHARAB S/O LATE ABDUL WAHAB SAB - 4 - HC-KAR NC: 2026:KHC:1147 WP No. 25855 of 2022 MAJOR 25. SMT. RABIYA W/O FAZIL MAJOR 26. SMT. NASRIN KHANUM W/O YASIN MAJOR 27. SMT. GULZAR W/O JAHIR MAJOR 28. SRI. MUJAHID S/O RAYAZULLA MAJOR 29. SRI. JAVEDULLA KHAN S/O RIYAZULLA MAJOR 30. SMT. SALIKA W/O SAMIULLA MAJOR 31. SRI. YUNUS S/O LATE KHADAR SAB MAJOR 32. SMT. PAREEDA W/O MUNIWAR MAJOR 33. SMT. FATHIMA W/O PHIR KHAN SAB MAJOR RESPONDENT NOS.5 TO 33 ARE RESIDENTS OF WARD NO 16, KOTE KADURU TOWN - 5 - HC-KAR NC: 2026:KHC:1147 WP No. 25855 of 2022 KADURU TALUK CHIKKAMAGALURU DISTRICT - 577 548. …RESPONDENTS (BY SRI. B B PATIL.,ADVOCATE FOR R1 TO R3; SRI. NAVEEN ADVOCATE FOR R4 (VK NOT FILED) V/O DATED 13.01.2023, NOTICE TO R5 TO R33 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO R4 HEREIN TO CONDUCT AN ENQUIRY AFTER PROPER SPOT INSPECTION, SURVEY AND ELIGIBILITY FOR THE ALLOTMENT /GRANT OF SITES AND TO TAKE A DECISION AFTER SUCH ENQUIRY AND SURVEY TO CANCEL THE ALLOTMENT /GRANT SITES IN FAVOUR OF R5 TO 33 AND SUCH OTHER PERSONS WHO HAVE MADE ILLEGAL CLAIMS IN RESPECT OF PROPERTY OWNED BY PETITIONER BY CONSIDERING THE REPRESENTATION OF THE PETITIONER DATED 13.06.2022 VIDE ANNEXURE -H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER Petitioner is before this Court claiming to be the owner of land bearing Sy.No.170, measuring 2 acres and 30 guntas including 35 guntas of karab land situated at Kadur Village, Kasaba Hobli, Kadur Taluk is before this Court seeking following reliefs: ''i. Issue a writ of mandamus or any other writ or an order or direction in the like nature directing the respondent No.1 to 4 herein to conduct an enquiry - 6 - HC-KAR NC: 2026:KHC:1147 WP No. 25855 of 2022 after proper spot inspection, survey, and eligibility for the allotment/grant of sites and to take a decision after such enquiry and survey to cancel the allotment/grant sites in favour of respondent No.5 to 33 and such other persons who have made illegal claims in respect of property owned by petitioner by considering the representation of the petitioner dtd.13.06.2022 vide Annexure-H, In the interest of justice and equity. ii. Grant such other and further reliefs as are just even including the costs of this petition in the interest of the justice and equity.'' 2. Learned counsel for the petitioner submits that the respondent-Board by notification dated 14.01.1992 had declared certain area as slum and thereafter allotted certain area measuring 1 acre and 16 guntas as slum and thereafter allotted hakku-pathras to certain persons after forming sites therein. It is the case of the petitioner that without any notice or acquisition of the land belonging to the petitioner, the respondent-Board have issued hakku-pathras in respect to the property belonged to the petitioner. Therefore, he submits that a direction be issued to the respondent-Authorities to survey, measure and identify the property which they have declared as Slum in terms of the notification dated 14.01.1992. 3. In response, learned counsel appearing for the respondent-Board submits that the notification was issued on - 7 - HC-KAR NC: 2026:KHC:1147 WP No. 25855 of 2022 14.01.1992 after following the procedure contemplated under the law including issuance of the notice. He submits that the hakku-pathras are issued only in respect of the land, which is the subject matter of the said notification and no other. 4. Heard and perused the records. 5. Respondent-Board has produced a notification 14.01.1992 at Annexure-R1 to the statement of objection in which, the description of the land declared as slum is as under: C£ÀħAzsÀ PÀæªÀÄ ¸ÀASÉå ¸ÀܼÀ «¹ÛÃtð C¸É¸ÉäAmï £ÀA§gï ¥ÀæzÉñÀzÀ MqÉvÀ£À ZÉPÀÄ̧A¢ 1 PÉÆÃmÉ CUÀ¼ÀÄ PÉƼÀZÉ ¥ÀæzÉñÀ PÀqÀÆgÀÄ 1.16 3598/1 3598/2 3598/3 3599 ಜಯಲ ೋಂ ರಂಗ ಾಥ¥Àà ಮೂಾ ಶರಭಾ . ಎ. ಶಂಕರಾ ಾ ಾ ©. ±ÀAPÀgÀ¯Á¯ï ಪ"ವ : ೋ$ ಅಗಳ' ಪ()ಮ : ಸುಣ-ದ ಗೂಡು ಉತ2ರ ೋ3ೆ ಅಗಳ ದಣ : ಅಬು 5 ರ6ೕಂ7ಾ, d«ÄãÀÄ (¸À») f¯Áè¢üPÁj aPÀ̪ÀÄUÀ¼ÀÆgÀÄ f¯Éè, aPÀ̪ÀÄUÀ¼ÀÆgÀÄ 6. Perusal of the aforesaid description of the property mentioned in the notification would indicate that the land measuring 1 acre and 16 guntas is identified/referred to by its assessment numbers and the names of its owners are also given with the boundaries. Claim of the petitioner is that under - 8 - HC-KAR NC: 2026:KHC:1147 WP No. 25855 of 2022 the garb of the aforesaid notification respondent-Authorities are issuing hakku-pathras in respect of land in Sy.No.170 belonging to the petitioner which is situated adjacent to the aforesaid acquired land. 7. There is no dispute of the fact that the land belonging to the petitioner is referable to Sy.No.170, while the notification issued by the respondent-Board, refers to the land by its assessment numbers. Further, neither the name of the petitioner nor his vendors'/predecessor-in-title is reflected in the said notification. 8. In that view of the matter, there is considerable force in the submission being made by learned counsel for the petitioner warranting direction to be issued to the respondent No.1-Board to conduct measurement, survey and identification of land notified by them as slum in terms of Annexure-R1, in the presence of the petitioner and to prepare a report of land in Sy.No.170 being claimed by the petitioner is also included in the said notified land. Accordingly, following: - 9 - HC-KAR NC: 2026:KHC:1147 WP No. 25855 of 2022 ORDER (i) Petition is partly allowed. (ii) The respondent Nos.1 to 4 are directed to conduct spot inspection, measurement, survey and demarcate/delineate/ identify the land of the petitioner with the land declared by them as slum in terms of Annexure-R1. (iii) While carrying out the aforesaid exercise the respondent Nos.1 to 4 shall issue notice to all the persons interested in the matter. (iv) Such exercise shall be undertaken and a report in this regard be prepared and served on the petitioner, within an outer limit of three months from the date of receipt of certified copy of this order. (v) It is made clear, respondent-Authorities, if the land so declared includes any portion of land being claimed by petitioner, petitioner is at liberty to seek such remedy as may be available under law. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 19