Full Judgment Text
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NC: 2026:KHC:12311-DB
WA No. 65 of 2024
C/W WA No. 360 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE S RACHAIAH
WRIT APPEAL NO. 65 OF 2024 (KLR-RES)
C/W
WRIT APPEAL NO. 360 OF 2024 (KLR-RES)
IN WA No. 65/2024
BETWEEN:
1. SHRI H S RAMESH
S/O LATE SRI.H.S.SRINIVASA RAO
AGED ABOUT 63 YEARS,
RESIDING AT NO.82, GOLLAGERI,
CHAMARAJA MOHALLA,
MYSURU-5670024
…APPELLANT
(BY SRI. K.CHANDRANATH ARIGA, ADVOCATE FOR
SRI. G A SRIKANTE GOWDA., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF LAND REVENUE,
VIKASA SOUDHA, BENGALURU-560 001
2. THE DEPUTY COMMISSIONER
MYSURU DISTRICT,
MYSURU-570 024
Digitally
signed by
VASANTHA
KUMARY B
K
Location:
HIGH
COURT OF
KARNATAKA
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WA No. 65 of 2024
C/W WA No. 360 of 2024
HC-KAR
3. THE TAHSILDAR
MYSURU TALUK
MYSURU-570 024
4. MYSORE TALUK CO-OPERATIVE
INDUSTRIAL ESTATE LIMITED.,
MEDAR SANGHA BUILDING,
2ND CROSS, PARVATHI ROAD,
MYSURU 570 024
5. KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD
REPRESENTED BY DEVELOPMENT OFFICER
MYSURU TLAUK, MYSURU 570 024
…RESPONDENTS
(BY SRI. ARUNA.G.S, HCGP FOR R1-R3;
SRI. RUPESH KUMAR, ADVOCATE FOR C/R4;
SRI. P.V.CHANDRASHEKAR, ADVOCATE FOR R5)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO EXERCISE ITS JURISDICTION
UNDER SECTION 4 OF THE HIGH COURT ACT TO SET ASIDE
THE ORDER DATED 28/11/2023 PASSED BY THE LEARNED
SINGLE JUDGE IN SO FAR AS IT RELATES TO PRAYER MADE IN
WP NO.3940/2018 AND ALLOW WRIT PETITION AS PRAYED
FOR, ETC.
IN WA NO. 360/2024
BETWEEN:
1. SHRI H S RAMESH,
S/O LATE SHRI H S SRINIVASA RAO
AGED ABOUT 63 YEARS
RESIDING AT NO 82, GOLLGERI
CHAMARAJA MOHALLA
MYSURU - 570 024
...APPELLANT
(BY SRI. K.CHANDRANATH ARIGA., ADVOCATE)
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NC: 2026:KHC:12311-DB
WA No. 65 of 2024
C/W WA No. 360 of 2024
HC-KAR
AND:
1. MYSORE TALUK CO-OPERATIVE
INDUSTRIAL ESTATE LIMITED
MEDAR SANGHA BUILDING
2ND CROSS PARVATHI BUILDING
MYSURU - 570001
REP BY ITS SECRETARY
SMT K B MANGALA
2. THE DEPUTY COMMISSIONER
MYSURU DISTRICT
MYSURU - 570001
3. THE TAHSILDAR
MYSURU TALUK
MYSURU - 570 024
...RESPONDENTS
(BY SRI. ARUNA G.S., HCGP FOR R2 & R3;
SRI. RUPESH KUMAR.S, ADVOCATE FOR C/R1)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO EXERCISE ITS
JURISDICTION UNDER SECTION 4 OF THE HIGH COURT
ACT AND TO PASS APPROPRIATE ORDER OR DIRECTION
OR ISSUE WRIT AND SET ASIDE THE ORDER DATED
28/11/2023 PASSED BY THE LEARNED SINGLE JUDGE IN
SO FAR AS IT RELATES TO ALLOWING WP NO.55487/2018
AND DISMISS WP NO.55487/2018, ETC.
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE S RACHAIAH
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WA No. 65 of 2024
C/W WA No. 360 of 2024
HC-KAR
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
Both the writ appeals have been filed impugning the
judgment and order dated 28.11.2023 passed by the
learned Single Judge in W.P.No.3940/2018 and connected
writ petitions.
2. The parties are referred to as per their ranking
before the writ Court, for the sake of convenience.
3. The grievance of the petitioner before the writ
Court was that despite there being an interim order, the
Tahsildar, Mysuru Taluk, Mysuru, vide order dated
25.01.2017 in respect of the land bearing Sy.No.80
measuring 5 acres 9 guntas situated at Hebbal Village,
Kasaba hobli, Mysuru Taluk and District, transferred the
land in favour of the Karnataka Industrial Areas
Development Board (for short 'the KIADB'). It is further
stated that the KIADB has further alienated the property
vide sale deed dated 26.05.2023, in favour of respondent
No.4-Mysore Taluk Co-operative Industrial Estate Limited.
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4. An appeal came to be filed by the petitioner in
respect of the order passed by the Tahsildar in (Revenue)
Appeal No.860/2015 which is pending before the
Karnataka Appellate Tribunal (for short 'the Tribunal'), In
the said appeal, interim order was passed on 05.10.2015
which was extended until 30.08.2016.
5. In between, the Tahsildar has passed the order
granting the land in favour of KIADB and the KIADB has
executed the sale deed in favour of respondent No.4 vide
sale deed dated 26.05.2023. Therefore, the petitioner filed
an application in I.A.No.1/2023 before the Tribunal
seeking to initiate proceedings against respondent No.4
and 5.
6. The learned Single Judge, however, has held
that as the matter is still pending consideration before the
Tribunal and in the event, the appellant/petitioner
succeeds in the appeal before the Tribunal, the transfer of
land in favour of KIADB and further transfer by the KIADB
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in favour of respondent No.4 would be as per the decision
of the Tribunal.
7. Respondent No.4, in whose favour the sale
deed has been executed, has filed an application before
the Tribunal for impleadment and the said application
came to be rejected against which, respondent No.4 had
filed W.P.No.55487/2018.
8. The learned Single Judge has set aside the
order passed by the Tribunal and directed the Tribunal to
hear the petitioner along with the respondents and dispose
of the (Revenue) Appeal No.860/2015 pending before it at
the earliest.
9. The appeal is still pending before the Tribunal.
The rights of the parties in respect of the grant and the
transfer in favour of the KIADB and the subsequent sale
deed dated 26.05.2023 executed by the KIADB in favour
of respondent No.4 will be subject to the final outcome of
the appeal pending before the Tribunal.
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10. We, therefore, direct the Tribunal to decide the
pending (Revenue) Appeal No.860/2015 expeditiously
within a period of six months. Till a decision is taken by
the Tribunal, the respondent No.4 shall not alienate the
property or create any third party interest in respect of
land in question.
11. With the aforesaid observations, we dispose of
the writ appeals.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(S RACHAIAH)
JUDGE
RKA
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