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2026 DAILYLAW 53058 (KAR)

HARIJAN B.TIPPESWAMY S/O LATE SANNATAYAPPA v. THE STATE OF KARNATAKA

WP/111077/2014 · 2026-01-19

K S Hemalekha

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:534 WP No. 111077 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.111077 OF 2014 (KLR-RES) BETWEEN: HARIJAN B.TIPPESWAMY S/O. LATE SANNATAYAPPA, AGE: 50 YEARS, OCC: AGRIL, R/O. ISHWARANAGAR, 35TH WARD, HOSPETE, BALLARI. …PETITIONER (BY SRI. LAXMAN T.MANTAGANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU. 2. DEPUTY COMMISSIONER BALLARI, DIST: BALLARI. 3. ASSISTANT COMMISSIONER HOSPET SUB-DIVISION, HOSPETE. 4. THE TAHASHILDAR HOSPETE, DIST: BALLARI. 5. BLOCK EDUCATION OFFICER HOSPET, TQ: HOSPET, DIST: BALLARI. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA) MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.24 11:28:21 +0530 - 2 - HC-KAR NC: 2026:KHC-D:534 WP No. 111077 of 2014 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 06.02.2014 IN NO. ¸ÀA:PÀA:¨sÀÆ«Ä / 163 / 2013-14 PASSED BY THE DEPUTY COMMISSIONER, BELLARY, VIDE ANNEXURE-B AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER The petitioner has called in question the impugned order dated 06.12.2014 passed by the Deputy Commissioner (Annexure-B), whereby the land, which according to the petitioner was under his unauthorised occupation and cultivation has been granted for utilisation in favour of Adarsh English Medium School (“the School” for short) on its request. 2. Learned counsel for the petitioner submits that the petitioner had filed Form No.53 seeking regularization of the unauthorised occupation and cultivation of the subject land, however, the said application ahs been rejected by the competent committee. - 3 - HC-KAR NC: 2026:KHC-D:534 WP No. 111077 of 2014 3. Having regard to the aforesaid undisputed fact, the petitioner’s claim for regularization itself has been rejected, the very foundation of the petitioner’s asserted right over the land no longer survives. In such circumstance, the petitioner cannot maintain a challenge to the subsequent grant made in favour of the third party. Accordingly, the writ petition is dismissed as having become infructuous. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 66