Full Judgment Text
- 1 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 6 DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE S RACHAIAH
WRIT APPEAL NO. 1011 OF 2024 (LB-RES)
C/W
WRIT APPEAL NO. 993 OF 2024 (LB-RES)
WRIT APPEAL NO. 995 OF 2024 (LB-RES)
WRIT APPEAL NO. 999 OF 2024 (LB-RES)
WRIT APPEAL NO. 1001 OF 2024 (LB-RES)
WRIT APPEAL NO. 1008 OF 2024 (LB-RES)
WRIT APPEAL NO. 1016 OF 2024 (LB-RES)
WRIT APPEAL NO. 1040 OF 2024 (LB-RES)
IN WA NO.1011/2024:
BETWEEN:
1. THE ZONAL COMMISSIONER
ZONAL OFFICE-02
MYSURU CITY,
CORPORATION, JAYANAGAR
MYSURU – 570 014
2. THE COMMISSIONER
MYSURU CITY CORPORATION,
NEXT TO BANUMAIAH COLLEGE,
SAYYAJI RAO ROAD, AGRAHARA,
CHAMARAJPURA, MYSURU – 570 024.
…APPELLANTS
(BY SRI. GAURAV G K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally
signed by
SREEDHARAN
BANGALORE
SUSHMA
LAKSHMI
Location: High
Court of
Karnataka
- 2 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
THROUGH PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING
BENGLAURU – 560 001
2. SRI. NANDAKUMAR M T
AGED ABOUT 67 YEARS,
S/O LATE M K THARAKA NATHAN,
R/AT NO.1867, SAWDAY ROAD,
MANDI MOHALLA,
MYSORE – 570 021
…RESPONDENTS
(BY SRI. M. N. SUDEV HEGDE., AGA FOR R1;
SMT. S. SUSHEELA, SENIOR ADVOCATE FOR
SMT. G. BRUNDHA, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 21.12.2023
PASSED BY THE LEARNED SINGLE JUDGE IN W.P No.28900/2023
(LB-RES) AND ETC
IN WA NO.993/2024:
BETWEEN:
1. THE ZONAL COMMISSIONER
ZONAL OFFICE-02
MYSURU CITY,
CORPORATION, JAYANAGAR
MYSURU – 570 014
2. THE COMMISSIONER
MYSURU CITY CORPORATION,
NEXT TO BANUMAIAH COLLEGE,
SAYYAJI RAO ROAD, AGRAHARA,
CHAMARAJPURA, MYSURU – 570 024.
…APPELLANTS
(BY SRI. GAURAV G K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING
BENGLAURU – 560 001
- 3 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
2. SRI. MANJU M.S.
S/O SHIVANNA P
AGED ABOUT 46 YEARS
RD
R/AT NO.1493, 23 CROSS,
ST ND
31 MAIN ROAD, 2 STAGE,
NEAR SIDDALINGESHWARA LAYOUT,
J.P.NAGAR, MYSURU – 570 031
…RESPONDENTS
(BY SRI. M. N. SUDEV HEGDE., AGA FOR R1;
SMT. S. SUSHEELA, SENIOR ADVOCATE FOR
SRI. T. R. RAMESH, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 15.12.2023
PASSED BY THE LEARNED SINGLE JUDGE IN W.P No.27858/2023
AND ETC
IN WA NO.995/2024:
BETWEEN:
1. THE ZONAL COMMISSIONER
ZONAL OFFICE-02
MYSURU CITY,
CORPORATION, JAYANAGAR
MYSURU – 570 014
2. THE COMMISSIONER
MYSURU CITY CORPORATION,
NEXT TO BANUMAIAH COLLEGE,
SAYYAJI RAO ROAD, AGRAHARA,
CHAMARAJPURA, MYSURU – 570 024.
…APPELLANTS
(BY SRI. GAURAV G K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING
BENGLAURU – 560 001
2. SMT. DEEPU L
AGED ABOUT 31 YEARS,
D/O LATE LOKESH,
- 4 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
W/O SOMESHA,
R/AT NO.26, BEHIND
AYYAPPASWAMY TEMPLE,
CHAMUNDI BETTA PADA, MYSORE.
…RESPONDENTS
(BY SRI. M. N. SUDEV HEGDE., AGA FOR R1;
SMT. S. SUSHEELA, SENIOR ADVOCATE FOR
SRI. T. R. RAMESH, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 21.12.2023
PASSED BY THE LEARNED SINGLE JUDGE IN W.P No.28910/2023
AND ETC
IN WA NO.999/2024:
BETWEEN:
1. THE ZONAL COMMISSIONER
ZONAL OFFICE-02
MYSURU CITY,
CORPORATION, JAYANAGAR
MYSURU – 570 014
2. THE COMMISSIONER
MYSURU CITY CORPORATION,
NEXT TO BANUMAIAH COLLEGE,
SAYYAJI RAO ROAD, AGRAHARA,
CHAMARAJPURA, MYSURU – 570 024.
…APPELLANTS
(BY SRI. GAURAV G K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING
BENGLAURU – 560 001
2. SRI. CHENNAPPA
S/O LATE MADAPPA
AGED ABOUT 82 YEARS,
TH
R/AT NO.2376, 4 CROSS,
ST
1 MAIN ROAD, J P NAGAR,
MYSORE – 570 008
- 5 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
…RESPONDENTS
(BY SRI. M. N. SUDEV HEGDE., AGA FOR R1;
SMT. S. SUSHEELA, SENIOR ADVOCATE FOR
SRI. T. R. RAMESH, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 21.12.2023
PASSED BY THE LEARNED SINGLE JUDGE IN W.P No.28942/2023
AND ETC
IN WA NO.1001/2024:
BETWEEN:
1. THE ZONAL COMMISSIONER
ZONAL OFFICE-02
MYSURU CITY,
CORPORATION, JAYANAGAR
MYSURU – 570 014
2. THE COMMISSIONER
MYSURU CITY CORPORATION,
NEXT TO BANUMAIAH COLLEGE,
SAYYAJI RAO ROAD, AGRAHARA,
CHAMARAJPURA, MYSURU – 570 024.
…APPELLANTS
(BY SRI. GAURAV G K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING
BENGLAURU – 560 001
2. SRI M GANGADHARA
S/O LATE R MALLAYYA
AGED ABOUT 54 YEARS,
R/AT NO.1, CHANDRA REDDY LAYOUT,
TH
4 BLOCK, KORAMANGALA,
BENGALURU – 560 034
…RESPONDENTS
(BY SRI. M. N. SUDEV HEGDE., AGA FOR R1;
SMT. S. SUSHEELA, SENIOR ADVOCATE FOR
SRI. T. R. RAMESH, ADVOCATE FOR R2)
- 6 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 15.12.2023
PASSED BY THE LEARNED SINGLE JUDGE IN W.P No.27912/2023
AND ETC
IN WA NO.1008/2024:
BETWEEN:
1. THE ZONAL COMMISSIONER
ZONAL OFFICE-02
MYSURU CITY,
CORPORATION, JAYANAGAR
MYSURU – 570 014
2. THE COMMISSIONER
MYSURU CITY CORPORATION,
NEXT TO BANUMAIAH COLLEGE,
SAYYAJI RAO ROAD, AGRAHARA,
CHAMARAJPURA, MYSURU – 570 024.
…APPELLANTS
(BY SRI. GAURAV G K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING
BENGLAURU – 560 001
2. SRI. MANJU M.S.
S/O SHIVANNA P
AGED ABOUT 46 YEARS
RD
R/AT NO.1493, 23 CROSS,
ST ND
31 MAIN ROAD, 2 STAGE,
NEAR SIDDALINGESHWARA LAYOUT,
J.P.NAGAR, MYSURU – 570 031
…RESPONDENTS
(BY SRI. M. N. SUDEV HEGDE., AGA FOR R1;
SMT. S. SUSHEELA, SENIOR ADVOCATE FOR
SRI. T. R. RAMESH, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 15.12.2023
- 7 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
PASSED BY THE LEARNED SINGLE JUDGE IN W.P No.27882/2023
AND ETC
IN WA NO.1016/2024:
BETWEEN:
1. THE ZONAL COMMISSIONER
ZONAL OFFICE-02
MYSURU CITY,
CORPORATION, JAYANAGAR
MYSURU – 570 014
2. THE COMMISSIONER
MYSURU CITY CORPORATION,
NEXT TO BANUMAIAH COLLEGE,
SAYYAJI RAO ROAD, AGRAHARA,
CHAMARAJPURA, MYSURU – 570 024.
…APPELLANTS
(BY SRI. GAURAV G K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING
BENGLAURU – 560 001
2. SRI. MANJU M.S.
S/O SHIVANNA P
AGED ABOUT 46 YEARS
RD
R/AT NO.1493, 23 CROSS,
ST ND
31 MAIN ROAD, 2 STAGE,
NEAR SIDDALINGESHWARA LAYOUT,
J.P.NAGAR, MYSURU – 570 031
…RESPONDENTS
(BY SRI. M. N. SUDEV HEGDE., AGA FOR R1;
SMT. S. SUSHEELA, SENIOR ADVOCATE FOR
SRI. T. R. RAMESH, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 15.12.2023
PASSED BY THE LEARNED SINGLE JUDGE IN W.P No.27940/2023
AND ETC
- 8 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
IN WA NO.1040/2024:
BETWEEN:
1. THE ZONAL COMMISSIONER
ZONAL OFFICE-02, MYSURU CITY,
CORPORATION, JAYANAGAR
MYSURU – 570 014
2. THE COMMISSIONER
MYSURU CITY CORPORATION,
NEXT TO BANUMAIAH COLLEGE,
SAYYAJI RAO ROAD, AGRAHARA,
CHAMARAJPURA, MYSURU – 570 024.
…APPELLANTS
(BY SRI. GAURAV G K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, M S BUILDING
BENGLAURU – 560 001
2. SRI M GANGADHARA
S/O LATE R MALLAYYA
AGED ABOUT 54 YEARS,
R/AT NO.1, CHANDRA REDDY LAYOUT,
TH
4 BLOCK, KORAMANGALA,
BENGALURU – 560 034
…RESPONDENTS
(BY SRI. M. N. SUDEV HEGDE., AGA FOR R1;
SMT. S. SUSHEELA, SENIOR ADVOCATE FOR
SRI. T. R. RAMESH, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 15.12.2023
PASSED BY THE LEARNED SINGLE JUDGE IN W.P No.27925/2023
AND ETC
THESE APPEALS 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 S RACHAIAH
- 9 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
1. These appeals have been filed impugning the
judgment and order dated 21.12.2023 passed by the
learned Single Judge in W.P.No.28900/2023 and
other connected writ petitions.
2. The parties are referred to as per their ranking in the
Writ Petitions for the sake of convenience.
3. Fourteen persons were allotted sites in Sy. No.
39/1A, measuring 1 acre 7 guntas situated within the
jurisdictional limits of the Srirampura Grama
Panchayath in Koppallur Village, Kasaba Hobli,
Mysore Taluk, by the allotment letter dated
12.04.1976.
4. In W.P.No.28900/2023, the petitioner is the original
allottee of the site, whereas in the other writ
petitions, the petitioners have purchased the sites
from the original allottees. The petitioners have
- 10 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
made applications for constructions of the residential
houses for which, the licenses had been issued in the
year 1983 and onwards by the concerned Gram
Panchayath. After completion of the constructions,
the Completion Certificates were also issued and
thus, the petitioners are in use and occupation of the
residential houses constructed on the sites allotted in
Sy.No.39/1A to one petitioner i.e., the petitioner in
W.P. No. 28900/2023 and to the predecessors-in-
interest of the other petitioners.
5. The Gram Panchayath, Srirampura, in Koppallur
Village, Kasaba Hobli, Mysore Taluk got
amalgamated with the Mysore Municipal Corporation
in 2017.
6. The petitioners approached the Municipal Corporation
for including their sites for payment of municipal
taxes in the Mysore Municipal Corporation. The
petitioners submitted all the relevant documents, as
certified by the Zonal Commissioner Office as per
- 11 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
annexure-G. The Zonal Commissioner, by the order
dated 20.01.2023, has certified seven documents
which include the letter dated 20.02.1960 i.e.,
the Special Deputy Commissioner's Permission for
residential purposes; The proceedings of the meeting
held on 10/03/1976 under the chairmanship of the
Administrative Officer and Field Development Officers
of Srirampura Gram Panchayath where allotment of
sites in Sy.No.39/1A mentioned above; An approved
map of the said layout; A list of beneficiaries and a
copy of claim deed issued to 14 beneficiaries,
permission letter from the competent Authority to
use Sy.No.39/1A from 'B - Karab' to residential
purposes; Srirampura Gram Panchayath letter dated
12.12.2019 and a copy of letter of the Taluk
Panchayath, Mysore dated 13.12.2019. The
Executive Officer of Taluk Panchayath, Mysore has
also issued certified copies of the aforesaid
documents.
- 12 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
7. Despite submission of all these documents before the
Mysore Municipal Corporation, the Municipal
Corporation issued an endorsement dated
24.05.2023, impugned in the writ petition, stating
that the land in Sy.No.39/1A was reclassified as 'B-
Karab' Land.
8. Learned Single Judge, having considered the facts
and circumstances of the case, particularly, the
effect of the allotment of 14 sites vide order dated
12.04.1976, and the licenses issued for carrying out
the construction in favour of the owners of the 14
sites as well as the Katha and E-Katha that were
issued in favour of the allottees by the Gram
Panchayath, allowed the writ petition and set aside
the endorsement dated 24.05.2023.
9. Once the decision was taken to change the B-Karab
land in Katha No.39/1A for allotment in favour of 14
allottees for construction of the residential units and
in fact, the allottees/subsequent purchasers from the
- 13 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
original allottees had put up the construction in the
year 1983 onwards, the decision of the Mysore
Municipal Corporation to re-change the said land as
'B-Karab' land was wholly improper, unjustified and
arbitrary.
10. In view of the aforesaid facts, we do not find any
error in the impugned judgment and order passed by
the learned Single Judge, warranting an interference
by this Court, and we hereby dismiss this writ appeal
without costs.
11. In view of dismissal of the appeal, pending
applications, if any, stand disposed of.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(S RACHAIAH)
JUDGE
JS, List No.: 1 Sl No.: 27
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 6 DAY OF JANUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE S RACHAIAH
WRIT APPEAL NO. 1011 OF 2024 (LB-RES)
C/W
WRIT APPEAL NO. 993 OF 2024 (LB-RES)
WRIT APPEAL NO. 995 OF 2024 (LB-RES)
WRIT APPEAL NO. 999 OF 2024 (LB-RES)
WRIT APPEAL NO. 1001 OF 2024 (LB-RES)
WRIT APPEAL NO. 1008 OF 2024 (LB-RES)
WRIT APPEAL NO. 1016 OF 2024 (LB-RES)
WRIT APPEAL NO. 1040 OF 2024 (LB-RES)
IN WA NO.1011/2024:
BETWEEN:
1. THE ZONAL COMMISSIONER
ZONAL OFFICE-02
MYSURU CITY,
CORPORATION, JAYANAGAR
MYSURU – 570 014
2. THE COMMISSIONER
MYSURU CITY CORPORATION,
NEXT TO BANUMAIAH COLLEGE,
SAYYAJI RAO ROAD, AGRAHARA,
CHAMARAJPURA, MYSURU – 570 024.
…APPELLANTS
(BY SRI. GAURAV G K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
Digitally
signed by
SREEDHARAN
BANGALORE
SUSHMA
LAKSHMI
Location: High
Court of
Karnataka
- 2 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
THROUGH PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING
BENGLAURU – 560 001
2. SRI. NANDAKUMAR M T
AGED ABOUT 67 YEARS,
S/O LATE M K THARAKA NATHAN,
R/AT NO.1867, SAWDAY ROAD,
MANDI MOHALLA,
MYSORE – 570 021
…RESPONDENTS
(BY SRI. M. N. SUDEV HEGDE., AGA FOR R1;
SMT. S. SUSHEELA, SENIOR ADVOCATE FOR
SMT. G. BRUNDHA, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 21.12.2023
PASSED BY THE LEARNED SINGLE JUDGE IN W.P No.28900/2023
(LB-RES) AND ETC
IN WA NO.993/2024:
BETWEEN:
1. THE ZONAL COMMISSIONER
ZONAL OFFICE-02
MYSURU CITY,
CORPORATION, JAYANAGAR
MYSURU – 570 014
2. THE COMMISSIONER
MYSURU CITY CORPORATION,
NEXT TO BANUMAIAH COLLEGE,
SAYYAJI RAO ROAD, AGRAHARA,
CHAMARAJPURA, MYSURU – 570 024.
…APPELLANTS
(BY SRI. GAURAV G K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING
BENGLAURU – 560 001
- 3 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
2. SRI. MANJU M.S.
S/O SHIVANNA P
AGED ABOUT 46 YEARS
RD
R/AT NO.1493, 23 CROSS,
ST ND
31 MAIN ROAD, 2 STAGE,
NEAR SIDDALINGESHWARA LAYOUT,
J.P.NAGAR, MYSURU – 570 031
…RESPONDENTS
(BY SRI. M. N. SUDEV HEGDE., AGA FOR R1;
SMT. S. SUSHEELA, SENIOR ADVOCATE FOR
SRI. T. R. RAMESH, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 15.12.2023
PASSED BY THE LEARNED SINGLE JUDGE IN W.P No.27858/2023
AND ETC
IN WA NO.995/2024:
BETWEEN:
1. THE ZONAL COMMISSIONER
ZONAL OFFICE-02
MYSURU CITY,
CORPORATION, JAYANAGAR
MYSURU – 570 014
2. THE COMMISSIONER
MYSURU CITY CORPORATION,
NEXT TO BANUMAIAH COLLEGE,
SAYYAJI RAO ROAD, AGRAHARA,
CHAMARAJPURA, MYSURU – 570 024.
…APPELLANTS
(BY SRI. GAURAV G K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING
BENGLAURU – 560 001
2. SMT. DEEPU L
AGED ABOUT 31 YEARS,
D/O LATE LOKESH,
- 4 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
W/O SOMESHA,
R/AT NO.26, BEHIND
AYYAPPASWAMY TEMPLE,
CHAMUNDI BETTA PADA, MYSORE.
…RESPONDENTS
(BY SRI. M. N. SUDEV HEGDE., AGA FOR R1;
SMT. S. SUSHEELA, SENIOR ADVOCATE FOR
SRI. T. R. RAMESH, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 21.12.2023
PASSED BY THE LEARNED SINGLE JUDGE IN W.P No.28910/2023
AND ETC
IN WA NO.999/2024:
BETWEEN:
1. THE ZONAL COMMISSIONER
ZONAL OFFICE-02
MYSURU CITY,
CORPORATION, JAYANAGAR
MYSURU – 570 014
2. THE COMMISSIONER
MYSURU CITY CORPORATION,
NEXT TO BANUMAIAH COLLEGE,
SAYYAJI RAO ROAD, AGRAHARA,
CHAMARAJPURA, MYSURU – 570 024.
…APPELLANTS
(BY SRI. GAURAV G K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING
BENGLAURU – 560 001
2. SRI. CHENNAPPA
S/O LATE MADAPPA
AGED ABOUT 82 YEARS,
TH
R/AT NO.2376, 4 CROSS,
ST
1 MAIN ROAD, J P NAGAR,
MYSORE – 570 008
- 5 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
…RESPONDENTS
(BY SRI. M. N. SUDEV HEGDE., AGA FOR R1;
SMT. S. SUSHEELA, SENIOR ADVOCATE FOR
SRI. T. R. RAMESH, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 21.12.2023
PASSED BY THE LEARNED SINGLE JUDGE IN W.P No.28942/2023
AND ETC
IN WA NO.1001/2024:
BETWEEN:
1. THE ZONAL COMMISSIONER
ZONAL OFFICE-02
MYSURU CITY,
CORPORATION, JAYANAGAR
MYSURU – 570 014
2. THE COMMISSIONER
MYSURU CITY CORPORATION,
NEXT TO BANUMAIAH COLLEGE,
SAYYAJI RAO ROAD, AGRAHARA,
CHAMARAJPURA, MYSURU – 570 024.
…APPELLANTS
(BY SRI. GAURAV G K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING
BENGLAURU – 560 001
2. SRI M GANGADHARA
S/O LATE R MALLAYYA
AGED ABOUT 54 YEARS,
R/AT NO.1, CHANDRA REDDY LAYOUT,
TH
4 BLOCK, KORAMANGALA,
BENGALURU – 560 034
…RESPONDENTS
(BY SRI. M. N. SUDEV HEGDE., AGA FOR R1;
SMT. S. SUSHEELA, SENIOR ADVOCATE FOR
SRI. T. R. RAMESH, ADVOCATE FOR R2)
- 6 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 15.12.2023
PASSED BY THE LEARNED SINGLE JUDGE IN W.P No.27912/2023
AND ETC
IN WA NO.1008/2024:
BETWEEN:
1. THE ZONAL COMMISSIONER
ZONAL OFFICE-02
MYSURU CITY,
CORPORATION, JAYANAGAR
MYSURU – 570 014
2. THE COMMISSIONER
MYSURU CITY CORPORATION,
NEXT TO BANUMAIAH COLLEGE,
SAYYAJI RAO ROAD, AGRAHARA,
CHAMARAJPURA, MYSURU – 570 024.
…APPELLANTS
(BY SRI. GAURAV G K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING
BENGLAURU – 560 001
2. SRI. MANJU M.S.
S/O SHIVANNA P
AGED ABOUT 46 YEARS
RD
R/AT NO.1493, 23 CROSS,
ST ND
31 MAIN ROAD, 2 STAGE,
NEAR SIDDALINGESHWARA LAYOUT,
J.P.NAGAR, MYSURU – 570 031
…RESPONDENTS
(BY SRI. M. N. SUDEV HEGDE., AGA FOR R1;
SMT. S. SUSHEELA, SENIOR ADVOCATE FOR
SRI. T. R. RAMESH, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 15.12.2023
- 7 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
PASSED BY THE LEARNED SINGLE JUDGE IN W.P No.27882/2023
AND ETC
IN WA NO.1016/2024:
BETWEEN:
1. THE ZONAL COMMISSIONER
ZONAL OFFICE-02
MYSURU CITY,
CORPORATION, JAYANAGAR
MYSURU – 570 014
2. THE COMMISSIONER
MYSURU CITY CORPORATION,
NEXT TO BANUMAIAH COLLEGE,
SAYYAJI RAO ROAD, AGRAHARA,
CHAMARAJPURA, MYSURU – 570 024.
…APPELLANTS
(BY SRI. GAURAV G K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING
BENGLAURU – 560 001
2. SRI. MANJU M.S.
S/O SHIVANNA P
AGED ABOUT 46 YEARS
RD
R/AT NO.1493, 23 CROSS,
ST ND
31 MAIN ROAD, 2 STAGE,
NEAR SIDDALINGESHWARA LAYOUT,
J.P.NAGAR, MYSURU – 570 031
…RESPONDENTS
(BY SRI. M. N. SUDEV HEGDE., AGA FOR R1;
SMT. S. SUSHEELA, SENIOR ADVOCATE FOR
SRI. T. R. RAMESH, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 15.12.2023
PASSED BY THE LEARNED SINGLE JUDGE IN W.P No.27940/2023
AND ETC
- 8 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
IN WA NO.1040/2024:
BETWEEN:
1. THE ZONAL COMMISSIONER
ZONAL OFFICE-02, MYSURU CITY,
CORPORATION, JAYANAGAR
MYSURU – 570 014
2. THE COMMISSIONER
MYSURU CITY CORPORATION,
NEXT TO BANUMAIAH COLLEGE,
SAYYAJI RAO ROAD, AGRAHARA,
CHAMARAJPURA, MYSURU – 570 024.
…APPELLANTS
(BY SRI. GAURAV G K., ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, M S BUILDING
BENGLAURU – 560 001
2. SRI M GANGADHARA
S/O LATE R MALLAYYA
AGED ABOUT 54 YEARS,
R/AT NO.1, CHANDRA REDDY LAYOUT,
TH
4 BLOCK, KORAMANGALA,
BENGALURU – 560 034
…RESPONDENTS
(BY SRI. M. N. SUDEV HEGDE., AGA FOR R1;
SMT. S. SUSHEELA, SENIOR ADVOCATE FOR
SRI. T. R. RAMESH, ADVOCATE FOR R2)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 15.12.2023
PASSED BY THE LEARNED SINGLE JUDGE IN W.P No.27925/2023
AND ETC
THESE APPEALS 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 S RACHAIAH
- 9 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
1. These appeals have been filed impugning the
judgment and order dated 21.12.2023 passed by the
learned Single Judge in W.P.No.28900/2023 and
other connected writ petitions.
2. The parties are referred to as per their ranking in the
Writ Petitions for the sake of convenience.
3. Fourteen persons were allotted sites in Sy. No.
39/1A, measuring 1 acre 7 guntas situated within the
jurisdictional limits of the Srirampura Grama
Panchayath in Koppallur Village, Kasaba Hobli,
Mysore Taluk, by the allotment letter dated
12.04.1976.
4. In W.P.No.28900/2023, the petitioner is the original
allottee of the site, whereas in the other writ
petitions, the petitioners have purchased the sites
from the original allottees. The petitioners have
- 10 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
made applications for constructions of the residential
houses for which, the licenses had been issued in the
year 1983 and onwards by the concerned Gram
Panchayath. After completion of the constructions,
the Completion Certificates were also issued and
thus, the petitioners are in use and occupation of the
residential houses constructed on the sites allotted in
Sy.No.39/1A to one petitioner i.e., the petitioner in
W.P. No. 28900/2023 and to the predecessors-in-
interest of the other petitioners.
5. The Gram Panchayath, Srirampura, in Koppallur
Village, Kasaba Hobli, Mysore Taluk got
amalgamated with the Mysore Municipal Corporation
in 2017.
6. The petitioners approached the Municipal Corporation
for including their sites for payment of municipal
taxes in the Mysore Municipal Corporation. The
petitioners submitted all the relevant documents, as
certified by the Zonal Commissioner Office as per
- 11 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
annexure-G. The Zonal Commissioner, by the order
dated 20.01.2023, has certified seven documents
which include the letter dated 20.02.1960 i.e.,
the Special Deputy Commissioner's Permission for
residential purposes; The proceedings of the meeting
held on 10/03/1976 under the chairmanship of the
Administrative Officer and Field Development Officers
of Srirampura Gram Panchayath where allotment of
sites in Sy.No.39/1A mentioned above; An approved
map of the said layout; A list of beneficiaries and a
copy of claim deed issued to 14 beneficiaries,
permission letter from the competent Authority to
use Sy.No.39/1A from 'B - Karab' to residential
purposes; Srirampura Gram Panchayath letter dated
12.12.2019 and a copy of letter of the Taluk
Panchayath, Mysore dated 13.12.2019. The
Executive Officer of Taluk Panchayath, Mysore has
also issued certified copies of the aforesaid
documents.
- 12 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
7. Despite submission of all these documents before the
Mysore Municipal Corporation, the Municipal
Corporation issued an endorsement dated
24.05.2023, impugned in the writ petition, stating
that the land in Sy.No.39/1A was reclassified as 'B-
Karab' Land.
8. Learned Single Judge, having considered the facts
and circumstances of the case, particularly, the
effect of the allotment of 14 sites vide order dated
12.04.1976, and the licenses issued for carrying out
the construction in favour of the owners of the 14
sites as well as the Katha and E-Katha that were
issued in favour of the allottees by the Gram
Panchayath, allowed the writ petition and set aside
the endorsement dated 24.05.2023.
9. Once the decision was taken to change the B-Karab
land in Katha No.39/1A for allotment in favour of 14
allottees for construction of the residential units and
in fact, the allottees/subsequent purchasers from the
- 13 -
NC: 2026:KHC:537-DB
WA No. 1011 of 2024
C/W WA No. 993 of 2024
WA No. 995 of 2024
HC-KAR
AND 5 OTHERS
original allottees had put up the construction in the
year 1983 onwards, the decision of the Mysore
Municipal Corporation to re-change the said land as
'B-Karab' land was wholly improper, unjustified and
arbitrary.
10. In view of the aforesaid facts, we do not find any
error in the impugned judgment and order passed by
the learned Single Judge, warranting an interference
by this Court, and we hereby dismiss this writ appeal
without costs.
11. In view of dismissal of the appeal, pending
applications, if any, stand disposed of.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(S RACHAIAH)
JUDGE
JS, List No.: 1 Sl No.: 27