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2026 DAILYLAW 6886 (KAR)

SRI T NAGAPPA v. THE DEPUTY COMMISSIONER

WA/414/2022 · 2026-02-13

Anu Sivaraman, Vijaykumar A Patil

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:9122-DB WA No. 414 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 414 OF 2022 (LR-SEC) BETWEEN: 1. SRI T NAGAPPA S/O LATE THIRUKAPPA POOJARI, AGED ABOUT 64 YEARS, R/O GUTTUR VILLAGE, NEAR HANUMANTH TEMPLE, HARIHAR TAUK, DAVANAGERE DISTRICT-577601 2. T SHIVAPPA S/O LATE THIRUKAPPA POOJARI, AGED ABOUT 51 YEARS, R/O GUTTUR COLONY, LAL BHADUR BADAVANI, HARIHAR TAUK, DAVANAGERE DISTRICT-577601 …APPELLANTS (BY SRI. R.G.HALESH, ADV. FOR SRI. GANGADHAR G.D., ADV.) AND: 1. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT, Digitally signed by PAVITHRA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9122-DB WA No. 414 of 2022 P B ROAD, DAVANAGERE INDUSTRIAL AREA, DAVANAGERE-577002. 2. THE TAHSILDAR AND MUZARI OFFICER HARIHARA TALUK, DAVANAGERE DISTRICT-577601 3. THE PANCHAYATH DEVELOPMENT OFFICER GUTTUR GRAM PANCHAYATH, HARIHARA TALUK, DAVANAGERE DISTRICT-577601 4. THE COMMISSIONER TOWN MUNICIPAL, P.B. ROAD, HARIHARA DAVANAGERE DISTRICT-573601 AMENDED V.C.O. DATED 21.03.2025 …RESPONDENTS (BY SRI. KIRAN KUMAR, HCGP FOR R1 & R2; R3 - SERVICE OF NOTICE IS DESPENSED WITH V/O DTD 5.3.2025; SRI. M.R.PATIL, ADV. FOR R4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR RECORDS OF WP No.36615/2019 (LR-SEC) ON THE FILE OF HIGH COURT OF KARNATAKA, 2. TO SET ASIDE THE JUDGMENT DATED 26.08.2021, PASSED BY THE LEARNED SINGLE JUDGE IN WP No-36615/2019 (LR-SEC) AND KAT APPEAL 785/2011 ON THE FILE OF KAT, JUDGEMENT DATED 31.01.20183. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:9122-DB WA No. 414 of 2022 CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This writ appeal is filed by the petitioners challenging the order of the learned Single Judge dated 26.08.2021, passed in W.P. No.36615/2019. The learned Single Judge dismissed the writ petition holding that Form No.7A application has been considered by the Authority and granted an extent of 4 acres, 38 guntas. In respect of the rest of the land, resumption order was passed on the ground that no application was filed. We do not find any error in the order as such. 2. At this stage, learned counsel for the appellants submits that the appellants are different families and they have filed an application in Form No.1A on 18.01.2022 and filed W.P.No.32650/2024, seeking to issue writ of mandamus to consider such application. We make it clear that the dismissal of the writ petition by the Court in W.P. No.36615/2019 would not come in the way of the learned Single Judge considering - 4 - HC-KAR NC: 2026:KHC:9122-DB WA No. 414 of 2022 the prayer in W.P. No.32650/2024 as well as the Authority in accordance with law. With the above clarification, writ appeal is disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 13