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2026 DAILYLAW 9198 (KAR)

SMT.ASHWATHAMMA v. THE STATE GOVERNMENT OF KARNATAKA

WP/14212/2025 · 2026-02-10

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:8691 WP No. 14212 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14212 OF 2025 (LB-RES) BETWEEN: 1. SMT.ASHWATHAMMA W/O LATE CHIKKA KONDAPPA AGED ABOUT 69 YEARS 2. SRI. SRIRAMAREDDY H.N., S/O LATE H.K. NARASIMHA REDDY AGED ABOUT 65 YEARS 3. SMT. NARASAMMA, D/O LATE CHIKKA KONDAPPA AND ASWATHAMMA, AGED ABOUT 53 YEARS THE RESPONDENT NO. 1 TO 3 ARE R/AT HALLEGUDIBANDE VILLAGE GUDIBANDE TALUK, KASABA HOBLI CHIKKABALLAPURA DISTRICT-561 209 …PETITIONERS (BY SRI. ANJANEYA A B., ADVOCATE) AND: 1. THE STATE GOVERNMENT OF KARNATAKA REP BY CHIEF SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDI, BENGALURU 560 001 2. THE DEPUTY COMMISSIONER OF CHIKKABALLAPURA DISTRICT ADMINISTRATIVE OFFICE SHIDLAGHATTA ROAD CHIKKABALLAPURA TALUK AND DISTRICT-562 101 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8691 WP No. 14212 of 2025 3. THE ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER OF CHIKKABALLAPURA-SUB-DIVISION CHIKKABALLAPURA TALUK AND DISTRICT-562 101 4. THE TAHASILDAR, GUDIBANDE TALUK OFFICE GUDIBANDE TALUK CHIKKABALLAPURA DISTRICT-561 209 5. THE EXECUTIVE OFFICER OF GUDIBANDE TALUK PANCHAYATHGUDIBANDE TOWN, CHIKKABALLAPURA DISTRICT- 561 209 6. THE PANCHAYATH DEVELOPMENT OFFICE OF ULLODU GRAM PANCHAYATH ULLODU VILLAGE AND POST GUDIBANDE TALUK CHIKKABALLAPURA DIST-561 209 7. THE SECRETARY OF ULLODU GRAM PANCHAYATH ULLODU VILLAGE AND POST GUDIBANDE TALUK CHIKKABALLAPURA DIST-561 209 8. THE ASSISTANT DIRECTOR OF LAND RECORDS GUDIBANDE TALUK OFFICE GUDIBANDE TALUK, CHICKKABALLAPURA DIST – 561 209 (AMENDED AS PER ORDER DATED 29.08.2025) …RESPONDENTS (BY SRI.BOPANNA BELLIAPPA, AGA FOR R1 TO R4 AND R8; SRI.M.S.DEVARAJU, ADVOCATE FOR R5 TO R7) - 3 - HC-KAR NC: 2026:KHC:8691 WP No. 14212 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO. 4 TO FIX THE BOUNDARIES OF SY NO. 1/1 AND 1/2 MEASURING 31 GUNTAS AS PER ANNEXURE-L DATED 21/09/2024 AND ANNEXURE-O DATED 21/12/2024 AND ALSO ANNEXURE-P DATED 29/01/2025. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs. (a) Issue a writ of mandamus by directing the respondent No. 4 to fix the boundaries of Sy No. 1/1 and 1/2 measuring 31 guntas as per Annexure-'L' dated 21/09/2024 and Annexure-'O' dated 21/12/2024 and also Annexure-'P' dated 29/01/2025. (b) Consequently, direct the respondent No. 6 and 7 to issue the certified copies of allotment letters (Hakku Pathras) allotted in respect of site No. 1 to 40 as indicated site numbers as per Annexure-'F' and as demanded by the petitioners as per Annexure-'N' dated 24/01/2025. (c) To pass such other order/s as deems fit by this Hon'ble court in the above said facts and circumstances of the case, in the interest of justice and equity. - 4 - HC-KAR NC: 2026:KHC:8691 WP No. 14212 of 2025 2. The grievance of the petitioners is that though a portion of the land in Old Survey No.1 of Gudibande Village, Old had been acquired and podi durasti proceedings had been conducted. While forming sites in the acquired portion of 31 guntas, respondent No.5 is allotting sites beyond the said 31 guntas i.e., even in the retained portion of 1 acre 9 guntas which has been now re- numbered as Survey No.1/1. It is in that background that the aforesaid reliefs have been sought for. 3. The podi durasti proceedings having taken place pursuant to the acquisition notification, the acquired land has been re-numbered as Survey No.1/2 and the retained portion of the petitioners had been numbered as Survey No.1/1, 1/3, 1/4, 1/5 and 1/6. The petitioner's grievance is that the land in Survey No.1/1 measuring 1 acre 09 guntas is now being used by respondents No.6 and 7 for forming sites and allotment of Hakku patra. In that view of the matter, a direction has - 5 - HC-KAR NC: 2026:KHC:8691 WP No. 14212 of 2025 been sought for to demarcate the boundaries of Survey No.1/1, so that no portion of the said property is allotted by respondents No. 6 and 7. 4. The submissions of learned counsel for the petitioner are borne out by records and there cannot be any dispute that the acquisition is only to an extent of 31 guntas. If that be so, no land in excess of 31 guntas can be used by respondents No.6 and 7 for allotment of sites or otherwise. In that view of the matter, I pass the following: ORDER i. The writ petition is allowed. A mandamus is issued directing Respondent No.4 with the assistance of the jurisdictional ADLR to demarcate the boundaries of Survey No.1/1, as also Survey No.1/2, so that there is clarity for respondents No.6 and 7 to deal with the portion acquired, now numbered as Survey No.1/2. - 6 - HC-KAR NC: 2026:KHC:8691 WP No. 14212 of 2025 ii. Until then respondents No. 6 and 7 are restrained from issuing any Hakku patra in respect of Survey No.1/1 or 1/2. iii. Respondent No. 4 along with the jurisdictional ADLR shall carry out a survey of the aforesaid property in the presence of a representative of respondent No.7 commencing from 10.30 a.m. on 23.02.2026 and complete the same within a period of two weeks therefrom. iv. In the event of there being any law and order issue, respondent No.4 would be entitled to avail police protection. . Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 23