SMT.K.RANJINI vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59051
WP No. 25128 of 2025
CNR: KAHC010546432025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 17 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.25128 OF 2025 (GM-RES)
BETWEEN:
SMT. K. RANJINI
W/O. P. VIJAYAKUMAR,
AGED ABOUT 58 YEARS,
R/AT NO.4148/A11, B BLOCK,
RD ND
3 MAIN ROAD, 2 STAGE,
SUBRAMANYANAGARA,
RAJAJINAGARA,
BENGALURU – 560021.
…PETITIONER
(BY SRI. VASANTH KUMAR H.T., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
HINDU RELIGIOUS INSTITUTIONS AND
CHARITABLE ENDOWMENTS DEPARTMENT
ND RD
2 AND 3 FLOOR,
SRI. MALAIMAHADESHWARAVARTHA BHAVANA,
ALUR VENKATRAO ROAD, CHAMARAJAPETE,
BANGALORE – 560018
REPRESENTED BY ITS COMMISSIONER.
2. THE SPECIAL DEPUTY COMMISSIONER,
BANGALORE DISTRICT,
BANGALORE – 560009.
3. THE INSPECTOR GENERAL OF
REGISTRATION AND COMMISSIONER OF STAMPS
TH
KANDAYA BHAVAN, 8 FLOOR,
K.G. ROAD, BANGALORE – 560040.
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
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WP No. 25128 of 2025
CNR: KAHC010546432025
4. THE SUB REGISTRAR,
NO.1943, KENGERI MAIN ROAD,
TAVAREKERE, BENGALURU SOUTH TALUK,
BANGALORE – 562130.
5. THE PANCHAYATH DEVELOPMENT OFFICER,
CHANNENAHALLI GRAMA PANCHAYATH,
THAVAREKERE HOBLI,
MAGADI MAIN ROAD,
BENGALURU SOUTH TALUK,
BENGALURU – 562 130.
…RESPONDENTS
(BY SRI. NEELAKANTAPPA K. PUJAR, HCGP FOR R-1 TO R-4;
SRI. K.M. PRAKASH, ADVOCATE FOR R-5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT
IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED
ST
LETTER ISSUED BY THE 1 RESPONDENT DATED 20.04.2021 VIDE
ANNEXURE–E SO FAR AS PETITIONER’S SITE IS CONCERNED
AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA
ORAL ORDER
1. The petitioner impugns the order dated 20.04.2021
[ impugned order ] passed by the Commissioner, Hindu Religious
Institutions and Charitable Endowments Department, [ respondent
No.1 ] whereby, respondent No.1, referring to the gift deed
executed by Smt. Dwarakabai Vedantham in respect of certain
survey numbers situated at Byalalu, Cholanayakanahalli,
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HC-KAR
NC: 2026:KHC:59051
WP No. 25128 of 2025
CNR: KAHC010546432025
Peddanapalya, Doddamaranahalli, Kadukarenahalli
(Kurubarahalli), observed that certain extents of land belonging to
Smt. Dwarakabai Vedantham had been illegally occupied by the
public and thus, no permission or approval should be granted. The
petitioner also seeks a writ of mandamus directing the Sub
Registrar [ respondent No.4 ] to register the documents pertaining
to site No.63 situated at Kadukarenahalli (Kurubarahalli Village).
2. By the impugned order, respondent No.1 directed not to
grant permission or approval in respect of sites formed in the lands
bearing Sy. Nos.133/1, 133/2, 133/3, 137/1, and 137/2, including
Site No.63, in respect of which the petitioner had submitted an
application for issuance of an E-Katha.
3. The petitioner claims that the lands bearing Sy. No.133,
measuring 1 acre 20 guntas and Sy. No.137 measuring 14 guntas
situated at Kurubarahalli Village, Tavarekere Hobli, Bengaluru
South Taluk were granted in favour of one Siddalingaiah S/o
Chikkarudraiah under the provisions of the Mysore Inam Abolition
Act, 1954 [ the Act ]. It is stated that, from the date of the grant,
Siddalingaiah was in possession and cultivating the lands as a
lawful owner. Subsequently, Siddalingaiah sold the lands to
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HC-KAR
NC: 2026:KHC:59051
WP No. 25128 of 2025
CNR: KAHC010546432025
Channabasappa through a registered sale deed.
Channabassappa, in turn, sold the lands to Hanumaiah and the
said Hanumaiah sold the land in favour of Chikkarevanna through a
registered sale deed dated 15.04.1964. Chikkarevanna died on
22.09.1988, leaving behind his wife, Smt. Hanumakka, who
succeeded to his estate. On 22.11.2010, Smt. Hanumakka
submitted an application to respondent No.2-the Deputy
Commissioner seeking conversion of the lands from agricultural to
non-agricultural purposes. The application was allowed and
respondent No.2 granted permission for conversion. Thereafter,
Hanumakka sold the converted lands to Sri Bhagiratha under a
registered sale deed dated 28.07.2012. The said Bhagiratha
formed the layout known as “ASB Srikanteshwara Nagara”, which
was approved by the competent authority. The petitioner
purchased site No.63, under a registered sale deed dated
30.01.2013 and thereafter submitted an application seeking
issuance of an E-katha in respect of the said site.
4. By the impugned order dated 20.04.2021, respondent No.1
issued a letter to the Panchayat Development Officer [ respondent
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NC: 2026:KHC:59051
WP No. 25128 of 2025
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No.5] stating that no permission or approval should be granted in
respect of the aforesaid survey numbers.
5. The learned counsel for the petitioner submits that
respondent No.1 had issued a similar endorsement stating that the
sites could not be released at that stage. The said endorsement
was challenged by several aggrieved persons before this Court in
W.P. No.5111/2022, wherein a Co-Ordinate Bench of this Court
quashed the impugned endorsement.
6. The learned Additional Government Advocate does not
dispute that similarly situated persons had approached this Court
and that the Co-Ordinate Bench had quashed the impugned
endorsement.
7. The Co-Ordinate Bench of this Court in W.P. No.5111/2022
has held at paragraph No.10 as under:
“10. In pursuance of the occupancy rights granted,
the name of the vendor was entered in the revenue records
and the land was converted for residential purpose under
section 95 of the Karnataka Land Revenue Act. Thereafter,
the petitioner has purchased the subject land from the
grantee by virtue of registered sale deeds. The respondent
No.1 is claiming right over the subject land by virtue of gift
deed executed in the year 1939. However the occupancy
rights of the subject land were granted in favor of the
vendor of the petitioner under the Mysore Personal Inams
Abolition Act. The rights which were alleged to have existed
in favor of respondent No.1 prior to commencement of Act,
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NC: 2026:KHC:59051
WP No. 25128 of 2025
CNR: KAHC010546432025
1954 automatically stood extinguished after the lands
vested with Government free from all encumbrances and
also after occupancy rights were granted in favor of
Inamdars/Tenants. The order granting occupancy rights
has attained finality and binding on the respondent No.1.
Hence, the impugned endorsement issued by the
respondent No.1 refusing to grant NOC to the petitioner for
release of 40% of the sites by the respondent No.3 is one
without authority of law and there is no requirement for
obtaining NOC by the petitioner from respondent No.1.
In view of the aforesaid, I pass the following:
ORDER
i) The writ petition is allowed.
ii) The impugned endorsement dated
16.02.2022 issued by the respondent No.3 at Annexure-R
and impugned endorsement dated 17.06.2022 issued by
the respondent No.1 at Annexure-T are hereby quashed.
iii) The respondent No.3 is hereby directed to
release 40% of the sites in favour of the petitioner in
respect of the subject land after satisfying other
requirements of law.
iv) The said exercise shall be concluded within a
period of six weeks from the date of receipt of certified copy
of this order.”
8. In view of the above, the impugned endorsement issued by
respondent No.1 cannot be sustained. Accordingly, the impugned
endorsement issued by respondent No.1, insofar as it relates to
the petitioner, is hereby quashed.
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HC-KAR
NC: 2026:KHC:59051
WP No. 25128 of 2025
CNR: KAHC010546432025
9. Respondent No.4 is directed to consider the petitioner’s
request for registration pertaining to site No.63 of Kadukarenahalli
(Kurubarahalli).
Sd/-
_____________________
JUSTICE K.S. HEMALEKHA
MBM
List No.: 1 Sl No.: 29