THE CHIEF OFFICER vs SYED MATIN ABBAS
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:56697-DB
WA No. 2055 of 2026
CNR: KAHC010613872026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 9 DAY OF OCTOBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
WRIT APPEAL NO. 2055 OF 2026 (LB-RES)
BETWEEN:
THE CHIEF OFFICER
TOWN MUNICIPAL COUNCIL
PERIYATATNA
MYSORE 570 005.
…APPELLANT
(BY SRI. M.B.PRABHAKAR., ADVOCATE)
AND:
1. SYED MATIN ABBAS
S/O SYED ABBAS
AGED ABOUT 52 YEARS
R/A MASJID ROAD
PERIYAPATNA TOWN
MYSORE DISTRICT - 571 107.
2. THE DEPUTY COMMISSIONER
MYSURU DISTRICT
MYSURU - 570 005.
3. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
DEPT OF RURAL DEVELOPMENT
AND PANCHAYAT RAJ
Digitally
signed by
VASANTHA
KUMARY B
K
Location:
HIGH
COURT OF
KARNATAKA
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NC: 2026:KHC:56697-DB
WA No. 2055 of 2026
CNR: KAHC010613872026
M S BUILDING
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. M.N. SUDEV HEGDE, AGA FOR R2 AND R3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO THE ORDER OF LEARNED
SINGLE JUDGE DATED 21.01.2026 IN WP NO.57623/2017
NEEDS TO BE SET ASIDE THE EXTENT OF QUASHING THE
ORDER OF DEPUTY COMMISSIONER DATED 02.08.2017
(ANNEXURE-A AND ORDER OF APPELLANT DATED 27.11.2013
(ANNEXURE-B).
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra-court appeal has been filed assailing the
judgment and order dated 21.01.2026 passed by the learned
Single Judge in W.P. No.57623/2017, instituted by respondent
No.1.
2. The material facts of the case which are required to
be taken note of, are as under:
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WA No. 2055 of 2026
CNR: KAHC010613872026
(i) An auction in respect of land measuring 1 acre and 7
guntas in Survey No. 123/2, situated within the limits of
the Periyapatna Town Municipal Council, was conducted
by the Chief Officer of the said Municipal Council on
20.08.1977. The father of respondent No.1 was the
successful bidder for a sum of Rs.5,030/-. However, the
approval of the auction proceedings was recorded only on
03.06.1988, when the Town Municipal Council passed a
resolution approving the bid in favour of the father of
respondent No.1. Subsequently, the Zilla Parishad,
Mysuru, vide its official memorandum dated 14.08.1991,
approved the auction sale in his favour.
(ii) A sale deed was executed and duly registered in
favour of the father of respondent No.1 on 21.08.1991.
Thereafter, the father of respondent No.1 executed a
registered sale deed dated 27.06.2013 conveying the
property in favour of respondent No.1. Upon an
application made by respondent No.1, the Municipal
Council sanctioned the building plan and issued the
building licence on 21.09.2013.
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WA No. 2055 of 2026
CNR: KAHC010613872026
(iii) On 26.11.2013, a complaint was lodged by a public-
spirited person alleging that the auction conducted in
favour of the father of respondent No.1 was unauthorised
and illegal, as prior approval of the Government had not
been obtained before putting the property to auction. On
the very next day, i.e., 27.11.2013, the Municipal Council
cancelled the building licence and the sanction accorded
to the building plan, without affording respondent No.1
any opportunity of being heard.
3. Having taken note of the aforesaid facts, the
learned Single Judge allowed the writ petition and directed as
under:
General Directions
1.1. In view of the findings recorded while
answering Point Nos.1 to 3, this Court finds
that properties belonging to the State and to
the citizens in common, as described under
Section 81 of the Karnataka Municipalities Act,
1964, are not being maintained and protected
in the manner mandated by law. This Court is
therefore of the considered opinion that
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general directions are required to be issued to
ensure uniform, lawful, and effective
implementation of the said provision across the
State.
1.2. All Municipal Councils are hereby directed to
strictly implement Section 81 of the Karnataka
Municipalities Act, 1964, recognising that the
properties enumerated under Section 81(2)(a)
to (f) vest in the Municipal Council only in a
fiduciary capacity as trustee and not as
absolute owner, and that such properties shall
be held, managed, and applied solely for the
purposes of the Act.
1.3. The Principal Secretary, Department of Rural
Development and Panchayat Raj (RDPR) is
hereby designated as the Administrative Nodal
Authority and shall be responsible for policy
oversight, inter-departmental coordination,
enforcement, and fixation of accountability.
1.4. The Principal Secretary, Department of e-
Governance is hereby designated as the
Technology Nodal Authority and shall be
responsible for digital enablement, system
integrity, interoperability between
departments, and maintenance of audit trails.
1.5. The State Government shall:
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1.6. constitute a State-Level Section 81
Implementation Committee within a period of
thirty (30) days from the date of receipt of this
order; and
1.7. ensure constitution of District Municipal Trust
Property Committees under the Chairmanship
of the respective Deputy Commissioners within
a period of forty-five (45) days.
1.8. All Municipal Councils shall, within a period of
ninety (90) days, prepare and upload a
comprehensive inventory of all properties
falling under Section 81(2) of the Act, after
correlating municipal records, revenue records,
grant orders, and town planning documents.
1.9. The properties so identified shall thereafter be:
1.9.1. classified and risk-graded;
1.9.2. physically demarcated on the ground;
and
1.9.3. geo-tagged using GIS technology,
1.10. Revenue records, including RTCs, and
municipal records shall clearly reflect the
classification “Municipal Trust Property –
Section 81, Karnataka Municipalities Act,
1964”, and no alteration thereto shall be
effected without issuance of notice, conduct of
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enquiry, and passing of reasoned orders,
strictly in accordance with law.
1.11. The District Committees shall conduct time-
bound audits of:
1.12. past sales, leases, grants, or transfers,
including those governed by Section 72 of the
Karnataka Municipalities Act, 1964;
1.13. encroachments or unauthorised constructions;
and
1.14. impermissible change of land use.
1.15. It is however made clear that no coercive or
corrective action shall be taken except through
independent statutory proceedings, after
issuance of notice, affording opportunity of
hearing, and passing of reasoned orders.
1.16. No property falling under Section 81 shall be
sold, leased, or otherwise alienated except in
strict compliance with Section 72(2) of the
Karnataka Municipalities Act, 1964, and with
express Government approval, wherever such
approval is required.
1.17. The State Government shall establish and
operationalise the Municipal Trust Property
Management System (MTPMS) as the single
source of truth for all Section 81 properties,
integrating Bhoomi, Mojini, e-Municipalities,
Sakala, ULMS etc., and shall assign a Trust
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Property Identification Number (TPIN) to each
such property.
1.18. A public digital portal shall be maintained
displaying municipality-wise trust properties,
and mechanisms shall be provided for citizen
reporting of encroachments or misuse, subject
to appropriate safeguards against abuse.
1.19. Municipal Councils shall submit quarterly
compliance reports, District Committees shall
submit bi-annual reports, and the State-Level
Committee shall place an annual State Trust
Property Status Report before the
Government.
1.20. Responsibility shall be fixed on officers found to
have facilitated illegal alienation,
encroachment, or misuse of trust properties,
and disciplinary or other action shall be
initiated against them in accordance with law.
1.21. The directions issued herein are institutional
and prospective in nature and shall not be
construed as validating or invalidating any
transaction involved in the present writ
petition, which has been decided on its own
facts.
1.22. Accordingly, I answer Point No.3 by holding
that the order dated 02.08.2017 passed by
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WA No. 2055 of 2026
CNR: KAHC010613872026
Respondent No.2 – the Deputy Commissioner –
cancelling the khata standing in the name of
the petitioner is without jurisdiction, legally
untenable, violative of due process, and liable
to be set aside.
4. The undisputed fact is that the registered sale deed
executed in favour of respondent No.1 has not been cancelled
and no proceedings been initiated by the Municipal Council for
cancellation of the said sale deed. If the auction proceedings
were, in fact, illegal or unauthorised, it was required to initiate
appropriate proceedings, to seek cancellation of the sale deed.
In the absence of any such proceedings, the cancellation of the
building licence and the sanctioned building plan, on the very
next day after the complaint was lodged, and without affording
respondent No.1 an opportunity of being heard, speaks volume
about the manner in which the Municipal Council proceeded in
the matter.
5. In the circumstances, we find no ground to interfere
with the judgment and order passed by the learned Single
dismissed
Judge. Accordingly, the writ appeal is .
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6. It is, however, made clear that the dismissal of this
appeal shall not preclude the Municipal Council from initiating
appropriate proceedings, in accordance with law, if it is of the
view that any fraud or illegality was committed in conducting
the auction proceedings or in the execution of the sale deed.
Any such action shall be taken in accordance with law and after
affording the affected parties for an adequate opportunity of
being heard.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(H.SHANTHI BHUSHAN)
JUDGE
RKA
List No.: 1 Sl No.: 12