LAXMAVVA W/O SOMAPPA DHUPAD vs THE STATE OF KARNATAKA

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IN THE HIGH COURT OF KARNATAKAAT DHARWAD

TH
DATED THIS THE 28 DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

WRIT PETITION NO. 105102 OF 2026 (GM-RES)

BETWEEN:

1. LAXMAVVA W/O. SOMAPPADHUPAD,
AGE: 74, OCC: AGRICULTURE,
GUDNEPPANAMATHA,
WARD NO: 19, KUKANOOR – 583232,
TQ: KUKNOOR, DISTRICT: KOPPAL.

2. MALLAYYA S/O. SANGAYYAALASINAMARAD,
AGE: 54, OCC: AGRICULTURE,
GUDNEPPANAMATHA,
WARD NO: 19, KUKANOOR – 583232,
TQ: KUKNOOR, DISTRICT: KOPPAL.

3. SANGAMMA W/O. BASAYYAHADAGALI,
AGE: 71, OCC: AGRICULTURE,
GUDNEPPANAMATHA,
WARD NO: 19, KUKANOOR – 583232,
TQ: KUKNOOR, DISTRICT: KOPPAL.

4. GUDNEYYA S/O. CHANNAYYAOLI,
AGE: 98,OCC: AGRICULTURE,
GUDNEPPANAMATHA,
WARD NO: 19, KUKANOOR – 583232,
TQ: KUKNOOR, DISTRICT: KOPPAL.

5. VIRUPAXAYYA S/O. SIDDAYYAHUNASIMARAD,
AGE:45, OCC: AGRICULTURE,
GUDNEPPANAMATHA,
WARD NO: 19, KUKANOOR – 583 232,
TQ: KUKNOOR,DISTRICT: KOPPAL.

6. BASAYYA S/O. GUDNEYYABEKKIN,
AGE: 44, OCC: AGRICULTURE,
GUDNEPPANAMATHA,
WARD NO: 19, KUKANOOR – 583 232,
TQ: KUKNOOR, DISTRICT: KOPPAL.














Digitally
signed by
SAROJA
HANGARAKI
Location:
high court of
karnataka,
dharwad
bench

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7. SIDDALINGAYYA S/O. ISHWARAYYAGALABI,
AGE: 48, OCC: AGRICULTURE,
GUDNEPPANAMATHA,
WARD NO: 19, KUKANOOR – 583 232,
TQ: KUKNOOR, DISTRICT: KOPPAL.

8. SHANTHAVVA W/O BASAYYAHUNASIMARAD,
AGE: 76, OCC: AGRICULTURE,
GUDNEPPANAMATHA,
WARD NO: 19, KUKANOOR – 583 232,
TQ: KUKNOOR, DISTRICT: KOPPAL.

9. BASAYYA S/O. ERAYYAHUNASIMARAD,
AGE: 76, OCC: AGRICULTURE,
GUDNEPPANAMATHAWARD
WARD NO: 19, KUKANOOR – 583 232,
TQ: KUKNOOR, DISTRICT: KOPPAL.

10. ERAYYA S/O.VIRUPAXAYYABYALI,
AGE: 27, OCC: AGRICULTURE,
GUDNEPPANAMATHA,
WARD NO: 19, KUKANOOR – 583 232,
TQ: KUKNOOR, DISTRICT: KOPPAL.

11. RUDRAYYAS/O. SIDDALINGAYYABANDI,
AGE: 51, OCC: AGRICULTURE,
GUDNEPPANAMATHA,
WARD NO: 19, KUKANOOR – 583 232
TQ: KUKNOOR, DISTRICT: KOPPAL.

12. KOTRAYYA S. S/O. CHANNABASAYYASHELUDI,
AGE: 53, OCC: AGRICULTURE,
GUDNEPPANAMATHA,
WARD NO: 19, KUKANOOR – 583 232,
TQ: KUKNOOR, DISTRICT: KOPPAL.
…PETITIONERS
(BY SRI.DAYANAND BANDI,ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS: CHIEF SECRETARY TO
GOVERNMENT OF KARNATAKA,
VIDHANASOUDHA, BENGALURU – 560 001.

2. THE STATE OF KARNATAKA,

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REPRESENTED BY ITS UNDER SECRETARY
DEPARTMENT OF REVENUE,
VIDANA SOUDHA, BENGALURU – 560001.

3. THE DEPUTY COMMISSIONER,
KOPPAL DISTRICT, KOPPAL – 583 231.

4. ASSISTANT COMMISSIONER,
KOPPAL DISTRICT, KOPPAL – 583 231.

5. TAHASILDAR, KUKNOOR TALUKA,
DISTRICT: KOPPAL, KUKANOOR – 583232.

6. ASSISTANT DIRECTOR OF LAND RECORDS,
YELBURGA, DIST: KOPPAL – 583231.

7. SUPERINTENDENT OF POLICE KOPPAL
B.T.PATIL NAGAR, ASHOK CIRCLE,
KOPPAL – 583231.

8. CIRCLE POLICE INSPECTOR,
YELBURGA, TQ: YELBURGA.

9. ASSISTANT EXECUTIVE ENGINEER
OFFICE OF HEALTH &FAMILY WELFARE,
SUB DIVISION, BALLARI – 583101.
…RESPONDENTS
(BY SRI. GANGADHAR J.M., AAG &
SRI. PRASHANT V. MOGALI, HCGP)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF
CERTIORARI OR ANY OTHER ORDER TO QUASH THE ORDER NO.
KAM.E 17 MU.AA. B 2026, BENGALURU, DATED 17/03/2026 PASSED
BY RESPONDENT NO.1 AND 2 GOVERNMENT OF KARNATAKA VIDE
ANNEXURE-N AND ALSO TO QUASH THE CONSEQUENTIAL SURVEY
MAPS VIDE ANNEXURE N1 AND N2 PREPARED BY OFFICE OF
RESPONDENT NO.6 IN THE INTEREST OF JUSTICE AND EQUITY. TO
ISSUE WRIT OF MANDAMUS OR ANY OTHER ORDER IN THE FORM OF
DIRECTION AS AGAINST THE RESPONDENTS SO AS NOT TO
INTERFERE / UTILIZE / USE / ACQUIRE ANY PORTION OF PETITION
SCHEDULE PROPERTY BELONGING TO THE PETITIONERS ALSO
DIRECT THE RESPONDENTS SO AS TO REFRAIN FROM PEACEFUL
ENJOYMENT OF THE SAID LAND BY THE PETITIONERS IN THE
INTEREST OF JUSTICE AND EQUITY AND ETC.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER


1. The petitioners claim to be the owners in possession and
enjoyment of an extent of 40 acres of land forming part of
Survey No. 78/ / of Kukanur Village, bounded as follows:
East: Kakkihalli Village.
West: Harishankarbandi Village.
North: Channappanahalli Village.
South: Jawahar Navodaya School and Morarji Desai
Minority Residential School.


2. It is the case of the petitioners that :
th

2.1 During the 12 century, a movement called
KalyanaKranti was initiated by Lord
Basaveshwara, which attracted several saints
from different parts of the State. One such saint
was Rudramuneshwara, who came to Kukanur
Village during the 12th century and established a

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Matha. The said saint is stated to have attained
Jiva Samadhi by entering into the ground in the
form of a Naga. Ever since then, the Matha is
also known as “Gudneshwar Matha.”

2.2 That several lakhs of devotees from three States,
namely, Karnataka, Andhra Pradesh and
Maharashtra, frequently visit the said Matha. An
extent of 188 acres of land forming part of
Survey No.78// of Kukanur Village was
endowed to the said Matha. Families of devotees
who had come to the Matha settled within its
premises, and a colony was established around
the Matha. These families were called Sevadars.

2.3 Out of 18 such families, 12 families have been
residing in the said land since ages and
cultivating the same. The original Swamiji,
namely, Rudramuneshwara Swamiji, is stated to
have planted 800 tamarind trees in the said

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extent of 188 acres 17 guntas of agricultural land
endowed to the Matha.

2.4 The Land Tribunal, Yelburga, had granted 45
acres of land to seven families of Archakas and
another 40 acres of land to 18 Sevadars,
including the families of the petitioners, in terms
of the order dated 01.12.1981. The grant of the
said lands to the families of the petitioners,
Archakas and other Sevadars was based on their
usage and occupation. The names of the 18
Sevadars to whom the said 40 acres of land was
granted are mentioned in the order of the Land
Tribunal.

2.5 The petitioners are the legal heirs of 12 families
amongst the aforesaid 18 families of Sevadars.
Subsequent to the order of the Land Tribunal
dated 01.12.1981 as per Annexure-B, the
families of the petitioners are stated to have paid
the occupancy price to the Government Treasury,

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and mutation entries have been effected by the
Revenue Authorities in respect of the 40 acres of
land granted in favour of the Sevadars.

2.6 That the respondent-State Government has been
misusing the remaining extent of land belonging
to the Matha by illegally constructing Navodaya
High School in an extent of 30 acres of land
during the year 1988-1989. Similarly, an extent
of 10 acres of land has been misused by the
Government for construction of Morarji Desai
Minority Residential School. The said portions of
land are situated on the southern side of the land
granted to the petitioners.

2.7 That the Government, without any authority, has
utilized another extent of four acres of land for
establishment of a Government ITI College
during the year 1991-1992 and another extent of
6 acres of land for construction of a Government
Degree College during the year 2004-2005.

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Another extent of 1 acre 10 guntas of land has
been utilized for the purpose of a multi-village
drinking water project.

2.8 Thus, according to the petitioners, the
Government has been allotting portions of land
endowed to the Matha for various Government
institutions. The only land now remaining is the
extent of 40 acres allotted to the petitioners,
which is being used for agricultural purposes and
is situated within the boundaries mentioned
hereinabove. The said land has been in the
possession and cultivation of the petitioners since
time immemorial.

2.9 It is further contended that during the year
2018-2019, the respondent-State declared
Kukanur as a separate Taluk within Koppal
District. This further resulted in the respondent-
State utilizing another portion of land for
construction of the Tahsildar's Office and the Civil

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Court in Survey Nos.280/4 and 267/3. Apart
from this, the Government has also acquired land
in Survey No.171 of Kukanur Village, measuring
31 acres, and Survey No.98 of Gavaral Village,
measuring 86 acres.

2.10 That despite the availability of the aforesaid
alternative lands, the respondent-State, with a
mala fide intention of depriving the petitioners of
their rights, is intending to utilize the lands
allotted to them. The same was opposed by the
petitioners by filing a criminal case in Crime
No.68 of 2024. The petitioners have also
approached this Court by filing W.P. No.104421
of 2024.

2.11 That the respondent-authorities, with the aid of
an illegal hand sketch, had contended that they
were utilizing lands in Block Nos.2, 3 and 6,
whereas the land allotted to the petitioners falls

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within Block Nos. 1, 7 and 17 of the said hand
sketch.

2.12 The respondent-authorities, without disclosing
the actual extent of the land and the original
map, have been misleading the petitioners by
utilizing the hand sketch. When the said hand
sketch was challenged by the petitioners, the
respondent-State withdrew the same by filing a
sur-rejoinder to its earlier statement of
objections filed in W.P. No.104421 of 2024.

2.13 The respondent-State had specifically contended
that the land of the petitioners falls in Block
Nos.1, 7 and 17 that the respondent-State was
not intending to utilize the same for construction
of any Government buildings. However, contrary
to the said submission and undertaking, the
respondent-authorities have now issued the
impugned order dated 17.03.2026, intending to
take the remaining portion of the land of the

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petitioners for the purpose of construction of a
hospital and a stadium.

2.14 The survey sketch prepared clearly indicates that
the land proposed to be taken for the purpose of
the hospital and stadium falls within Block Nos.1,
7 and 17, which the respondent-State had, in the
earlier round of litigation, undertaken not to
utilize.

2.15 Being aggrieved by the conflicting and
contradictory stand taken by the respondent-
State, the petitioners have filed the present
petition.


3. Statement of objections is filed by the respondent-
State to the above writ petition contending;

3.1 That neither the petitioners nor their ancestors
were tenants of the disputed land. Neither the
petitioners nor their ancestors were Sevadars of
the Matha. The petitioners are not performing
any Seva to the Matha and have never been in

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possession of the land at any point of time in
any capacity, much less as tenants.

3.2 That the original records maintained in the
office of the Tribunal indicate that no separate
application was ever filed by the petitioners or
their ancestors claiming occupancy rights as
tenants. A copy of Form No.1 filed along with
the statement of objections indicates that the
same was not filed in their individual capacity.
As such, the petitioners cannot claim to have
been granted land as contended in the petition.

3.3 That under the provisions of the Karnataka
Certain Inams Abolition Act, 1977, each
individual landholder is required to pay the
prescribed premium and, upon verification and
fulfillment of the conditions prescribed under
the statute, the competent authority is required
to issue a certificate of registration in Form II in
terms of Rule 5 of the Rules.

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3.4 In the present case, even as on this date, no
Form II certificate has been produced. As such,
the petitioners cannot contend that they have
acquired any right, title or interest over the
subject land.

3.5 That as is evident from the operative portion of
the order of the Tribunal, there is no grant of
land in the individual names of the 18
members. As such, there is no grant in the eye
of law. The petitioners cannot claim the benefit
of an ambiguous order which is not in terms of
the provisions prescribed under the statute and
the Rules.

3.6 Even if such a grant was made, there has been
no bifurcation or phodi, and no individual
names have been reflected in the Records of
Rights. No extent of land or possession is
indicated against the purported allotment made
in favour of the 18 Sevadars.

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3.7 The 800 tamarind trees grown on the land are
being maintained by the Taluk Administration,
which regularly supervises their auction and
receipt of sale proceeds. The petitioners have
no claim whatsoever over the said 800 grown-
up tamarind trees.

3.8 That the map earlier produced along with the
statement of objections as Annexure-R3 in W.P.
No.104421 of 2024 was prepared contrary to
the official records by the concerned Tahsildar
and was withdrawn by filing a sur-rejoinder. An
action has been initiated against the erring
official for deliberately issuing the false map.

3.9 The writ petition filed by the petitioners in W.P.
No.104421 of 2024 has been dismissed, and
the same is pending consideration in a writ
appeal. The petitioners, without establishing a
prima facie case of grant of land and
possession, cannot maintain the present

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petition, as the same would operate as res
judicata .

3.10 Though the petitioners claim to be in possession
of the land, they have not furnished any
individual RTC extracts for over 45 years,
thereby demonstrating that they are not in
possession of the land.

3.11 Since disputed questions of fact with regard to
title, possession and enjoyment of the subject
property are raised by the petitioners, they are
barred from maintaining the present petition, as
the same cannot be gone into in a summary
proceeding under Article 226 of the Constitution
of India.

3.12 The present petition has been filed by certain
persons with vested interests, having no prima
facie right over the land in question. The
subject land, forming part of the larger extent
of land, has been utilized by the respondent-

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State for various Government offices, buildings
and schools for over two and a half decades,
and there has been no challenge to the same till
date.

3.13 It is only now that the present petition has been
filed by persons with vested interests. If at all
the petitioners are able to prove and establish
their right and possession, they are always
entitled for compensation, which will be
considered by the State.

3.14 Hence, the respondent-State seeks dismissal of
the petition.

4. Learned counsel appearing for the petitioners,
taking this Court through the records, more particularly
Annexure-B, a purported order of grant dated 01.12.1981
allegedly issued by the Land Tribunal, submits that three
applications were filed for grant of land, one by the
Archakas, one by the Sevadars and another by the Temple
Committee.

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4.1 The order itself indicates the names of 18 Sevadars.
Therefore, the contention that no individual
application was filed is untenable.

4.2 He refers to Annexure-D, which is the mutation
proceedings, and points out that the entire extent of
land measuring 188 acres was classified into three
blocks and that Block No.3 consists of 40 acres,
which was granted to 18 Sevadars.

4.3 He also refers to the RTC extracts produced at
Annexure-E series and points out that the names of
the 18 Sevadars are consistently referred to in the
said RTCs, indicating that they are in possession of
the land.

4.4 He thereafter refers to the statement of objections
filed by the respondent-State in the earlier petition,
W.P. No.104421 of 2024, more particularly
paragraphs 6 to 8, and submits that, on the earlier
occasion, the respondent-State itself unequivocally

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admitted that the petitioners had been allotted 40
acres of land forming part of Block Nos.1, 7 and 17.

4.5 Based on the said statement made by the
respondent-State, the said petition was disposed of.
After disposal of the said petition, the respondent-
State has now taken a contrary stand and is claiming
portions of the land in Block Nos.1 and 7, which is
not permissible.

4.6 He further submits that, in the earlier round of writ
proceedings, this Court had recognized the sketch
scanned at page 13 of the said order and had noted
that the petitioners were in possession of Block
Nos.1, 7 and 17.

4.7 Therefore, the contention of the respondent-State
that the petitioners are not in possession of any
portion of the land is untenable.

4.8 Hence, seeks for allowing of the petition by quashing
the impugned order.

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5. Learned Additional Advocate General appearing for
the respondent-State, at the outset, refers to the application
produced as Annexure-R2 in Form No.I to point out that the
said application has been filed by one Gurupadayya. The
same indicates that the application was filed not only in his
name but also on behalf of 18 Sevadars.

5.1 He then refers to the provisions of Section 5 of the
Karnataka Certain Inams Abolition Act, 1977, and
Rule 5 of the Karnataka Certain Inams Abolition
Rules, 1979, as well as Form II, the certificate of
registration of a tenant as an occupant of land.

5.2 Referring to the above provisions, he vehemently
submits that the claim of the petitioners that they
have been granted occupancy rights or that they
were tenants cannot be countenanced, as the same
does not meet the requirements of law.

5.3 He submits that, though the petitioners claim to have
been granted land as far back as in the year 1981,

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till date they have not produced a certificate of
registration of occupancy rights in Form II.

5.4 Referring to the sur-rejoinder filed in the earlier
petition in W.P. No.104421 of 2024, the learned
Additional Advocate General submits that the sketch
furnished earlier as Annexure-R3 has been
withdrawn, realizing the deliberate error committed
by the concerned official, which has been taken note
of by this Court at paragraph 7 of its order.

5.5 The writ petition was, however, disposed of as the
land which was the subject matter of the said writ
petition was not falling within the area claimed by the
petitioners. It is submitted that the same cannot be
construed as an admission of the rights of the
petitioners. In any event, the said matter is pending
consideration in a writ appeal.

5.6 Learned Counsel also points out that the RTC
extracts produced by the petitioners in support of
their contention that they are in possession of the

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land are of no avail, inasmuch as the said RTCs refer
to 18 Sevadars without mentioning the location,
extent and boundaries of their individual
entitlements.

5.7 It is further submitted that, though the petitioners
claim to be descendants of the Sevadars, no
documents establishing their relationship with the
said Sevadars have been produced.

5.8 In that view of the matter, it is submitted that
disputed questions of this nature are required to be
adjudicated before a competent Court of civil
jurisdiction and that, if and when the petitioners
establish their right and interest over the land,
compensation, if any, would be paid in accordance
with law.

5.9 In the absence of the petitioners establishing a prima
facie case, they are not entitled to seek relief at the
hands of this Court.

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5.10 Hence, the learned Counsel seeks dismissal of the
petition.


6. Heard and perused the records.

7. The petitioners have claimed their purported
relationship with the 18 Sevadars, who alleged to
have been granted land measuring 40 acres in terms
of the order dated 01.12.1981, produced at
Annexure-B. Except this, there is no other material
produced to substantiate their contention of being
the owners in possession of the land.

8. The order at Annexure-B, dated 01.12.1981, does
not in any manner whatsoever indicate where exactly
the said 40 acres of land, which was purportedly
granted in favour of the 18 Sevadars, is located.


9. The only other document which appears to have
come into existence after 01.12.1981 is Annexure-C,
a purported receipt evidencing payment of ₹5,960/-
towards occupancy premium. It is not clear as to

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who is the person who has made payment of the said
amount.


10. A copy of the purported mutation register extract
is produced at Annexure-D, showing the entire
extent of 188 acres 17 guntas of land in Survey
No.78 having been classified as Block Nos.I, II and
III. There is no corresponding survey sketch, Tippani
or Akarband produced.


11. Annexure-E series are the RTC extracts. The
relevant columns in the said RTC extracts indicate
the names of Ghudneshwara Temple Committee and
18 Sevadars as persons in possession of 40 acres of
land.


12. In other words, the said 40 acres of land is shown
to be in joint possession and enjoyment of the
Temple Committee and the 18 Sevadars. It is not
clear as to how and to what extent the petitioners

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are claiming their respective entitlements out of the
said 40 acres of land.


13. The names of the petitioners are not reflected in
the RTC extracts either. The dates of demise of the
ancestors of the petitioners are also not forthcoming.
Particulars of any steps having been taken by the
petitioners after the demise of their ancestors to
have their names maturated in the revenue records
are also not forthcoming.


14. In the absence of these foundational pleadings and
records merely based on certain sketches showing
the existence of lands without reference to and
without same being in consonance with the
purported order dated 01.12.1981, the petitioners
cannot specifically and categorically claim to be the
owners of a particular portion of land in Survey
No.78.

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15. Identification of the land being claimed by the
petitioners is a condition precedent for grant of any
relief, particularly in a case of this nature, which,
even according to the petitioners, involves a vast
extent of 188 acres 17 guntas, out of which the
petitioners are claiming 40 acres, which is less than
one-fourth of the entire extent.


16. No doubt, the respondent-State had, in an earlier
round of litigation, furnished a survey sketch as
Annexure-R3, which has now been withdrawn by
filing a sur-rejoinder .


17. There is no dispute of the facts that buildings and
institutions such as Navodaya School, Morarji Desai
School, Government Hospital, ITI, Court Complex
and Tahsildar's Office are either constructed or
sought to be constructed on certain portions of the
land in Survey No.78.

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18. According to the State, the actual extent of the
land is in excess of 200 acres, and not 188 acres 17
guntas as contended by the petitioners.


19. As already noted above, in proceedings under
Article 226 of the Constitution of India, in the
absence of the petitioners making out a prima facie
case that 40 acres of land was specifically allotted to
their ancestors, with specific extents, boundaries and
identification, this Court cannot accept the case of
the petitioners on the basis of speculative or
uncertain pleadings.


20. In any event, even according to the petitioners,
the present order at Annexure-N intends to utilize
extents of 10 acres, 20 acres and 17 acres for the
purpose of construction of a hospital and a stadium.


21. If, in the event of the petitioners establishing their
rights over the said extent of land, they are always

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entitled to seek compensation against utilization of
said land form the respondents.


22. Section 5 of the Karnataka Certain Inams Abolition
Act, 1977, reads as under:

“5. Right to be registered as occupants. - Save as
otherwise provided in this Act, with effect from and on the
appointed date ,-
(1) every tenant of the inamdar or holder of a minor
inam shall be entitled to be registered as an occupant of lands
in respect of which he was a tenant immediately before first
day of March, 1974 ;
(2) where the inamdar is an institution of religious
worship, a person,-
(i) rendering religious service in or maintaining the
institution as a pujari, archak or the holder of a
similar office by whatever name called, or
(ii) rendering any service in such institution,
and personally cultivating for a continuous period of not less than
three years prior to the first day of March, 1974, by contributing
his own physical labour or that of the members of his family and
enjoying the benefits of any land comprised in the inam of such
institution without paying rent as such in money or in kind to that
institution in respect of such land, shall be entitled to be
registered as an occupant of such land;
(3) every inamdar including the holder of a minor inam
shall be entitled to be registered as an occupant of all lands it
was personally cultivating immediately before the said date.”


23. Thus, a person claiming to be a tenant of an
inamdar or a holder of a minor inam is entitled to be
registered as an occupant in respect of the land of

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which he was a tenant, subject to the requirements
of the Act. The same requires filing of an application
and rendering evidence in that regard.

24. Rule 5 of the Karnataka Certain Inams Abolition
Rules, 1979, contemplates issuance of a certificate
of registration to a person as an occupant of the land
in Form II.

25. Form II reads as under:
Certificate of Registration of a Tenant as an Occupant of Land
Certified that Sri/Smt.............. residing in the village of
………..in the Taluk of……………..in the…………District, who has
been determined by the...........as person entitled to be
registered as an occupant under section of the Act in……... Order
No…………dated…………having paid the premium in lumpsum of
the last instalment of such premium in respect of the under
mentioned lands of which he/she was a tenant, the said lands
have been this day registered in his/her name.
Taluk
and
Village
Survey Details of land
No
Extent Assessment Boundary Amount of
premium
paid/lump
sum or last
installment
as the case
may be
Date of
Registr
ation


Taluk:
Date:

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26. If at all the petitioners and their ancestors were
indeed granted the land as claimed, nothing
prevented the petitioners or their ancestors from
obtaining such certificates.


27. The copy of the application filed by the respondent-
State, produced as Annexure-R2 to the statement of
Objections, reads as under:
¥sÁgÀA-1
PÁ®A-4
¨sÀÆ »qÀĪÀ½ ºÀQÌ£À jf¸ÉÖçõÀ£ïPÁAiÉÄÝ PÁ®A 4 ¥ÀæPÁgÀ Cfð £ÀªÀÄÆ£É
---------------------------------------------------------------
²æà ºÉaÑ£À «±ÉõÀ vÀºÀ²Ã¯ÁÝgï ¸ÁºÉçgÀªÀgÀÄ ¯ÁåAqï næ§Äå£À¯ï AiÀÄ®§ÄUÁðEªÀjUÉ

CfðzÁgÀgÀ ºÉ¸ÀgÀÄ ªÀÄvÀÄÛ ªÀiÁ»w: «gÀÄzÀÞzÁgÀgÀÄ:
ºÉ¸ÀgÀÄ: UÀÄgÀÄ¥ÁzÀAiÀÄå vÀA|| ¸ÀAUÀ£À§¸ÀAiÀÄå E£ÁAzÁgÀ ºÉ¸ÀgÀÄ:
¥ÀÆeÁgÀ
50
ªÀAiÀĸÀÄì: ( ) ªÀAiÀĸÀÄì:
«¼Á¸À: ¸Á|| ªÀÄdgÉ UÀÄzÉÝ¥Àà£ÀªÀÄoÀ £ÀªÀÄvï «¼Á¸À:
PÀÄPÀ£ÀÆgÀ. vÁ|| AiÀÄ®§ÄUÁð
---------------------------------------------------------------
£Á£ÀÄ F PɼÀV£À ¨sÀÆ«ÄUÀ¼À mÉãÉAmï, eÉÆÃr mÉ£ÉAmï, E£ÁAzÁgÀ, zsÀªÀÄð ¸ÀA¸ÉÜAiÀÄ
C£ÀÄAiÀiÁ¬Ä EzÉÝãÉ,
---------------------------------------------------------------
d«ÄãÀÄzÁgÀ£À ºÉ¸ÀgÀÄ
ªÀÄvÀÄÛ «¼Á¸À:

UÁæªÀÄ vÁ®ÆPÀ ¸ÀªÉð £ÀA. ¨sÀÆPÀAzÁAiÀÄ mÉ£ÉAmï£ÉAzÀÄ F
«¸ÁÛgÀ. gÀÆ¥Á¬Ä ¨sÀÆ«ÄAiÀÄ£ÀÄßJµÀÄÖ
ªÀµÀð¢AzÀ ¸ÁUÀĪÀ½
ªÀiÁqÀÄwÛ¢ÝÃj.
²æà UÀÄzÉßñÀégÀ zÉêÀgÀ
E£ÁA d«ÄãÀÄ
¥ÀÆeÁgÀ UÀÄgÀÄ¥ÁzÀAiÀÄå
vÀA/ ¸ÀAUÀ£À§¸ÀAiÀÄå
ªÀÄvÀÄÛEvÀgÀgÀÄ
PÀÄPÀ£ÀÆgÀÄ AiÀÄ®§ÄUÁð 78 188-17 271-03 ªÀA±À¥À¥ÁgÀA¥ÀgÀå¢AzÀ
aPÀ̪ÀiÁåUÉÃj ” 124 25-08 28-65

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£Á£ÀÄ zsÀªÀÄð ¸ÀA¸ÉÜAiÀÄ C£ÀÄAiÀiÁ¬Ä mÉãÉAmï, ¸À¨ï mÉãÉAmï, E£ÁAzÁgÀ£ÉAzÀÄ
ªÀA±À¥ÁgÀA¥ÀoÀå¢AzÀ ªÀµÀðUÀ¼ÀªÀgÉUÉ ¨sÀÆ«ÄAiÀÄ£ÀÄß ¸ÁUÀĪÀ½ ªÀiÁqÀÄwÛzÉÝãÉ.
£Á£ÀÄ PÀ£ÁðlPÀ E£ÁA gÀzÀÝw PÁAiÉÄÝ 1957 PÀ£ÁðlPÀ 10 gÀ ¥ÀæPÁgÀ 1978 gÀ
vÀgÀUÀwUÀ¼À C£ÀÄUÀÄtªÁV »qÀĪÀ½ ¨sÀÆ«ÄAiÀÄ£ÀÄß gÀf¸ÉÖçñÀ£ï ªÀiÁr¸À®Ä EaÒ¸ÀÄvÉÛãÉ.
PÀÄlÄA§zÀ°èAiÀÄ M§â £Á£ÀÄ F PɼÀV£À ¨sÀÆ«ÄUÀ¼À£ÀÄß £À£Àß ªÀÄvÀÄÛ £À£Àß PÀÄlÄA§zÀªÀgÀ
ºÉ¸Àj£À°è mÉãÉAmï ¨sÀÆ«ÄUÀ¼À ºÉÆgÀvÁV CxÀªÁ E£ÁߪÀ£ÉƼÀUÉ EgÀÄvÀÛzÉ.
---------------------------------------------------------------
vÁ®ÆPÀ UÁæªÀÄ ¸À.£ÀA «¸ÁÛgÀ ¨sÀÆPÀAzÁAiÀÄ AiÀiÁgÀ
ºÀQÌ£ÉƼÀUÉ
EgÀÄvÀÛzÉ
---------------------------------------------------------------
AiÀÄ®§ÄUÀð w¥ÀàgÀ¸À£Á½î 62 19-17 10-09 ¥ÀmÉÖÃzÁgÀ ºÀQ̤AzÀ
” PÀQ̺À½î 57/D 3-35 2-44 ”
---------------------------------------------------------------
೧
1 vÀ£ÀßzÉ
೧
2 ºÉAqÀw/vÁ¬Ä
೪
3 ªÀÄzÀĪÉAiÀiÁUÀzÀ ºÉtÄÚªÀÄPÀ̼ÀÄ
೪
4 £Á¨Á°PÀgÀÄ
________
೧೦
5 E£ÁßAiÀiÁ ªÀvÀgÀºÀzÀ «ªÀgÀUÀ¼ÀÄ
PɼÀUÉ vÉÆÃj¹gÀÄvÁÛgÉ.

UÀÄgÀÄ¥ÁzÀAiÀÄå ¥ÀÆeÁgÀ
CfðzÁgÀ£À ¸À».
¸ÀܼÀ :UÀÄzÉÝ¥Àà£ÀªÀÄoÀ (PÀÄPÀ£ÀÆgÀ)
¢£ÁAPÀ: 29.06.1981

vÀ¥Á¸ÀuÉ:

F CfðAiÀÄ°è £ÀªÀÄÆ¢¹zÀ «gÀÄzÀÞzÁgÀ£À ºÉÆgÀvÁV «gÀÄzÀÞzÁgÀ¤UÉ F ¨sÀÆ«ÄUÀ¼À
ªÉÄÃ¯É AiÀiÁ£ÀvÀgÀºÀzÀ ºÀPÀÄÌ ªÀ ºÉ¸ÀgÀÄ ©nÖgÀĪÀÅ¢¯Áè,ªÉAzÀÄ £Á£ÀÄ £À£Àß ¸Àé¸ÀAvÉÆõÀ¢AzÀ
§gÉzÀÄPÉÆnÖzÉÝãÉ."

UÀÄgÀÄ¥ÁzÀAiÀÄå ¥ÀÆeÁgÀ
CfðzÁgÀ£À ºÉ¸ÀgÀÄ ¸À».
¸ÀܼÀ : UÀÄzÉÝ¥Àà£ÀªÀÄoÀ (PÀÄPÀ£ÀÆgÀ)

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¢£ÁAPÀ: 29.06.1981

£À£ÀßPÀÄlÄA§zÀ (10) d£ÀgÀÄC®èzÉà E£ÁA d«ÄãÀÄUÀ¼À°è ªÉÄïÁÌt¹zÀ JgÀqÀÄ ¥ÀmÁÖ ¨sÀÆ«Ä
©lÄÖ £À£Àß ªÀÄÆgÀÄ ªÀÄA¢ vÀªÀÄäA¢gÀÄ ªÀÄvÀÄÛCªÀgÀPÀÄlÄA§ ºÁUÀÆ £À£Àß PÀPÀÌ£À ªÀÄÆgÀÄ ªÀÄA¢
ªÀÄPÀ̼ÀÄ ºÁUÀÆ CªÀgÀPÀÄlA§ ªÀÄvÀÄÛzÉêÀ¸ÁÜ£ÀzÀ ºÀ¢£ÉAlÄ ªÀÄA¢ ¸ÉêÁzÁgÀgÀÄEgÀÄvÉÛêÉ.
Sy No.
PÁgÀt 78, 124) JgÀqÀÆ ¬Ä£ÁA d«ÄãÀÄUÀ¼À£ÀÄß £ÀªÀÄä ºÉ¸À¯Éð ¥ÀmÁÖ
ªÀiÁqÀ¨ÉÃPÉAzÀÄ ¨ÉÃrPÉƼÀÄîvÉÛãÉ.

UÀÄgÀÄ¥ÁzÀAiÀÄå ¥ÀÆeÁgÀ

28. In other words, no individual applications appear to
have been filed by the 18 Sevadars in their individual
names. Even the grant order at Annexure-B
produced by the petitioners indicates that the said 40
acres of land has been purportedly granted jointly in
the names of 18 Sevadars.

29. Such a procedure is not contemplated under Section 5 of
the Karnataka Certain Inams Abolition Act, 1977, or Rule
5 of the Karnataka Certain Inams Abolition Rules, 1979.
Therefore, this Court does not find it appropriate to grant
any indulgence in the present writ petition.

30. The writ petition is accordingly dismissed .

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31. Notwithstanding dismissal of the writ petition, it is
open to the petitioners, if so advised, to have their
right, title, interest and possession proved and
established in the manner known to law before a
competent Court of civil jurisdiction.

32. They are also at liberty to seek compensation, if any,
in the event of they being held to be owners in

possession of the land.



Sd/-
(M.G.S. KAMAL)
JUDGE




VB/CT: ASC
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