SRI K R SHIVANNA vs STATE OF KARNATAKA

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:60770
WP No. 53693 of 2018
C/W WP No. 53691 of 2018
WP No. 53695 of 2018


CNR: KAHC010286972018





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE E.S.INDIRESH

WRIT PETITION NO. 53693 OF 2018 (KLR-RES)
C/W
WRIT PETITION NO. 53691 OF 2018 (KLR-RES)
WRIT PETITION NO. 53695 OF 2018 (KLR-RES)

IN WP No. 53693/2018




BETWEEN:

1.
SRI. K.R. SHIVANNA
W/O LATE RANGAIAH
R/O JAYANAGARA
OPP. KSRTC BUS DEPOT
CHIKKAMAGALUR – 577101.
…PETITIONER







(BY SRI. K.R. RAMESH, ADVOCATE)

AND:

1.
STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF REVENUE
M S BUILDINGS
BENGALURU-560001.

2. THE SECRETARY
DEPARTMENT OF MINOR IRRIGATION
GOVERNMENT OF KARNATAKA
VIKASH SOUDHA
BENGALURU-560001.
Digitally signed
by CHAYA S A
Location: HIGH
COURT OF
KARNATAKA

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3. THE REGISTRAR
KARNATAKA LOKAYUKTHA
M S BUILDINGS
BENGALURU-560001.

4. THE DEPUTY COMMISSIONER
CHIKKAMAGALURU DISTRICT,
CHIKKAMAGALURU-577101.

5. THE ASSISTANT COMMISSIONER
CHIKKAMAGALURU SUB-DIVISION
CHIKKAMAGALURU-577101.

6. THE TAHSILDAR
CHIKKAMAGALURU TALUK,
CHIKKAMAGALURU-577101.

7. THE ASSISTANT EXECUTIVE ENGINEER
MINOR IRRIGATION & UNDERGROUND
WATER RESOURCE DEVELOPMENT
DEPARTMENT SUB-DIVISION
CHIKKAMAGALURU-577101.
…RESPONDENTS
(BY SRI. ADITYA DIWAKARA, AGA FOR R1, R2 R4 TO R7;
SRI. K. PRASANNA SHETTY, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE IMPUGNED ORDER / LETTER DATED 26.07.2017 BEARING
ೆೆ
NO.M2.LND.( )CR.8/2017-18 WRITTEN BY THE RESPONDENT
NO.4 TO THE RESPONDENT NO.6 AT ANNEXURE-J AND THE
PROCEEDINGS INITIATED BY THE KARNATAKA LOKAYUKTHA

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AT ANENXURE-K IN SO FAR AS THE SCHEDULE PROPERTIES
BELONGING TO THE PETITIONER ARE CONCERNED AND ALL
FURTHER PROCEEDINGS THEREOF; AND ETC.
IN WP NO. 53691/2018
BETWEEN:
1. SMT. PUTTAMMA
W/O LATE GANGAIAH
AGED ABOUT 65 YEARS
RD
R/O 3 CROSS, HOSPITAL ROAD
HIREMAGALUR ,
KASABA HOBLI,
CHIKKAMAGALUR DISTRICT -577101.
...PETITIONER
(BY SRI. K.R. RAMESH, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
DEPARTMENT OF REVENUE
M S BUILDING
BENGALURU-560001.

2. THE SECRETARY
DEPARTMENT OF MINOR IRRIGATION
GOVERNMENT OF KARNATAKA
BENGALURU-560001.

3. THE REGISTRAR
KARNATAKA LOKAYUKTHA
M S BUILDING
BENGALURU-560001.

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4. THE ADDITIONAL DEPUTY COMMISSIONER
CHIKKAMAGALURU DISTIRCT
CHIKKAMAGALURU-577101.

5. THE ASSISTANT COMMISSIOENR
CHIKKAMAGALURU SUB-DIVISION
CHIKKAMAGALURU-577101.

6. THE TAHSILDAR
CHIKKAMAGALURU TALUK
CHIKKAMAGALURU-577101.

7. THE ASSISTANT EXECUTIVE ENGINEER
MINOR IRRIGATION & UNDERGROUND
WATER RESOURCES DEVELOPMENT
DEPARTMENT OF SUB-DIVISION
CHIKKAMAGALURU-577101.
...RESPONDENTS
(BY SRI. ADITYA DIWAKARA, AGA FOR R1, R2, R4 TO R7;
SRI. K. PRASANNA SHETTY, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLE
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO QUASH THE IMPUGNED ORDER/LETTER DATED
26.07.2017 WRITTEN BY THE RESPONDENT NO.4 TO THE
RESPONDENT NO.6 VIDE ANNX-J AND THE PROCEEDINGS
INITIATED BY THE KARNATAKA LOKAYUKTHA VIDE ANNX-K
IN SO FAR AS THE SCHEDULE PROPERTIES BELONGING TO
THE PETITIONER ARE CONCERNED AND ALL FURTHER
PROCEEDINGS THEREOF.

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IN WP NO. 53695/2018
BETWEEN:
1. SRI. VISHWANATH P.
W/O LATE PUTTASWAMY,
AGED ABOUT 39 YEARS
R/O HOLD POST OFFICE ROAD,
RAMANAHALLI
CHIKKAMAGALUR TOWN,
CHIKKAMAGALURU-577 101.
...PETITIONER
(BY SRI. K.R. RAMESH, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REP BY ITS SECRETARY
DEPARTMENT OF REVENUE,
M.S.BUILDINGS,
BENGALURU-560 001.

2.
THE SECRETARY
DEPARTMENT OF MINOR IRRIGATION
GOVERNMENT OF KARNATAKA
VIKASH SOUDHA,
BENGLAURU-560 001.

3. THE REGISTRAR
KARNATAKA LOKAYUKTHA
M.S.BUILDINGS,
BENGLAURU-560 001.

4. THE DEPUTY COMMISSIONER
CHIKKAMAGALURU DISTRICT
CHIKKAMAGALURU-577 101

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5. THE ASSISTANT COMISSIONER
CHIKKAMAGALURU SUB DIVISION,
CHIKKAMAGALURU-577 101.

6. THE TAHSILDAR
CHIKKAMAGALURU TALUK,
CHIKKAMAGALURU-577 101

7. THE ASSISTANT EXECUTIVE ENGINEER
MINOR IRRIGATION & UNDERGROUNDWATER
RESOURCES DEVELOPMENT
DEPARTMENT SUB DIVISION
CHIKKAMAGALURU-577 101.
...RESPONDENTS
(BY SRI. ADITYA DIWAKARA, AGA FOR R1, R2, R4 TO R7;
SRI. K.S.MALLIKARJUNA REDDY, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ORDER/LETTER DATED 26.07.2017
WRITTEN BY THE RESPONDENT NO.4 TO THE RESPONDENT
NO.6 AT ANNEXURE-J AND THE PROCEEDINGS INITIATED
BY THE KARNATAKA LOKAYUKTHA AT ANENXURE-K IN SO
FAR AS THE SCHEDULE PROPERTIES BELONGING TO THE
PETITIONER ARE CONCERNED AND ALL FURTHER
PROCEEDINGS THEREOF; AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

1. Sri K. Prasanna Shetty is directed to accept
notice on behalf of respondent No. 3 in W.P. No.
53693 of 2018.

2. In these writ petitions the petitioners are
questioning the letter dated 26.07.2017 addressed by
respondent No.4 to respondent No.6 and proceedings
initiated by the Karnataka Lokayuktha in respect of
land belonging to the petitioners.

3. Heard Sri. K.R. Ramesh, Learned counsel
appearing for the petitioners and Sri. Aditya Diwakara,
Learned Additional Government Advocate appearing
for the respondent-State and Sri. K. Prasanna Shetty
and Sri. K.S. Mallikarjuna Reddy, learned counsel
appearing for the respondent No.3-Karnataka
Lokayuktha.

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4. Sri K. R. Ramesh, learned counsel appearing for
the petitioners, submitted that the petitioners are not
pressing the relief insofar as it relates to challenging
the proceedings initiated before the Karnataka
Lokayukta in respect of the subject land, as referred
to in Annexure-K to the writ petitions.

5. The learned counsel appearing for the petitioners
further contended that the lands bearing Sy. No.
252/P30, measuring 20 guntas; Sy. No. 252/P31,
measuring 1 acre; Sy. No. 252/P32, measuring 1
acre; Sy. No. 252/P34, measuring 1 acre; Sy. No.
252/P35, measuring 1 acre; and Sy. No. 252/P36,
measuring 1 acre (in W.P.No.53693/2018); land
bearing Sy.No. 252/P41, measuring 2 acres and
Sy.No.252/P39 measuring 1 acre (in W.P.No.53691 of
2018 and land bearing Sy.No. 252/P37 measuring 01
acre, Sy.No.252/P40 measuring 01 acre and

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Sy.No.252/P42 measuring 1 acre ( in W.P.No.53695 of
2018) are situated at Nagarahalli Village, Amlay Hobli,
Chikkamagaluru Taluk and District, were originally
granted in favour of the respective grantees
(petitioners herein). The mother of the petitioner in
W.P.No. 53693 of 2018 had purchased the aforesaid
lands from the original grantees under six registered
Sale Deeds and petitioners in other two petitions
purchased the schedule property under a registered
Sale Deed dated 23.04.2003 which are produced at
Annexure-A series.

6. It is further submitted by the learned counsel
appearing for the petitioners that the lands granted in
favour of the erstwhile grantees, who are the vendors
of the petitioner's, were comprised in Sy. No. 252.
However, the respondent-authorities have initiated
coercive steps in respect of the subject lands on the

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premise that the said lands constitute a tank.
Therefore, the learned counsel seeks quashing of the
letter dated 26.07.2017 (Annexure-J) to the writ
petition.

7. Per contra, the learned Additional Government
Advocate sought to justify the impugned letter at
Annexure-J to the writ petition.

8. Having heard the learned counsel appearing for
the parties, a perusal of the six registered Sale Deeds
produced at Annexure-A series would indicate that the
petitioners had purchased the aforesaid lands under
the said registered Sale Deeds. In W.P.No.23693 of
2018, the land in question was transferred in favour of
the petitioner by his mother under a registered Will
dated 17.10.2001 as his mother had purcahsed the
land in question under a registered sale deed, which is

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produced at Annexure-C (registered Will) to the writ
petition.

9. In the backdrop of these aspects, a perusal of the
impugned letter at Annexure-J would indicate that the
subject lands have been treated as uncultivable lands
and, on that premise, action has been initiated to
cancel the grants made in favour of the original
grantees.

10. It is also to be noted that the proceedings
initiated before the Karnataka Lokayukta in respect of
the subject lands have been closed, as evident from
Annexure-K to the writ petition.

11. In this regard, a perusal of the letters dated
06.07.2018, produced at Annexures-M and N, would
clearly indicate that the tank is situated in an extent of
22 guntas in Sy. No. 199 of Magadi Village and that

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the other land referred to therein bears Sy. No. 344 of
Nagarahalli Village and Sy.No72 of Magadi Village.

12. In that view of the matter, I am of the opinion
that, when the subject lands claimed by the
petitioners are comprised in Sy. No. 252, as evidenced
by the registered Sale Deeds produced at Annexure-A
series in all the petitions, the correspondence
exchanged between the respondent-authorities,
particularly in the light of the clarification furnished in
the letters at Annexures-M and N to the writ petitions,
cannot be accepted. Accordingly, I pass the following:
ORDER

(i) The writ petitions are allowed .

(ii) The letter dated 26.07.2017 (Annexure-J), issued
by the Additional Deputy Commissioner,
Chikkamagaluru, to respondent No. 6-Thasildar, is
hereby set aside.

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(iii) In order to resolve the dispute between the
parties, respondent No. 6-Thasildar is directed to
conduct a spot inspection and survey of the subject
lands along with the jurisdictional Assistant Director of
Land Records (ADLR), in the presence of the
petitioners, and thereafter take an appropriate
decision in accordance with law.

(iv) In this regard, respondent No. 6 is directed to
conduct the spot inspection on 07.12.2026 at 11:00
a.m. in the presence of the petitioners.

(v) Needless to state that, until the aforesaid
exercise is completed by respondent No. 6, the
respondent-authorities shall not interfere with the
subject lands.

(vi) Respondent No. 6 is further directed to restore
the mutation entries in favour of the petitioners in

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terms of the registered Sale Deeds referred to at
Annexure-A series in all the writ petitions, within an
outer limit of two months.


SD/-
(E.S.INDIRESH)
JUDGE




SB
List No.: 1 Sl No.: 37