Karnataka HC Rejects Farmer’s Challenge to 8.5-Gunta Village Road, Citing Access Needs and His Undemarcated Grant Land

The petitioner challenged the Karnataka Appellate Tribunal’s order dated 22 October 2026 and the Deputy Commissioner’s order dated 14 August 2025, which concerned identifying 0.08½ guntas of land in Sy. No. 22, Kuppemala Village, for a public road used by farmers to access their lands.

The petitioner claimed the land had been granted to him in 2007 and alleged that the authorities relied on an incorrect report to lay the road through his property.

Respondent No. 6 disputed the grant, and the Court noted that the petitioner had not produced relevant supporting documents or undertaken phodi and durast proceedings.

The petition invoked Articles 226 and 227 of the Constitution, which confer writ and supervisory jurisdiction on the High Court.

The Court cited no statute, precedent, or specific legal test governing the determination of the petitioner’s land rights or the road identification. Its decision turned on the record before it, including the Tribunal’s findings and the petitioner’s failure to establish his claim in the proceedings.

The Court relied on the Tribunal’s findings that 0.08½ guntas had been identified for a public road to facilitate farmers’ access, having regard to the villagers’ actual movement over the land.

It also noted that, although the petitioner claimed a 2007 grant, he had not undertaken phodi and durast proceedings, and the authorities had questioned the genuineness of the grant. In those circumstances, the Court found no basis to interfere with the challenged orders, while leaving the petitioner free to establish his rights before the competent authority.

It left open the petitioner’s right to approach the competent authority and seek redress by establishing his rights over the property.