Facts
The petitioners challenged the Tahsildar’s order dated 10 January 2023 in Case No. ALN(Y)R/10/2022-23, directing removal of an unauthorised residential layout on the subject land.
Source reference: p. 19, para. 1The Court noted that the same order had been considered in earlier writ petitions. A Single Judge had made orders on 26 September 2024, which were modified by a Division Bench on 9 April 2026 in Writ Appeal No. 1531 of 2024 and connected appeals.
Source reference: pp. 19–21, paras. 2–3Issues
1. Whether the petitioners’ challenges to the Tahsildar’s order should be disposed of in light of the Division Bench’s decision in the connected appeals.
Source reference: p. 21, para. 42. Whether the revenue authorities could pursue action under the Karnataka Land Revenue Act, 1964, after the Division Bench’s order.
Source reference: p. 20, para. 3, quoting para. 15 of the Division Bench orderLaw Applied
The petitions were considered under Articles 226 and 227 of the Constitution of India.
Source reference: no citationThe Court applied the Division Bench’s ruling that, in view of the BBMP/GBA undertaking to take appropriate action against unauthorised constructions under the applicable statutory provisions, action contemplated by the revenue authorities under the Karnataka Land Revenue Act, 1964 stood obliterated.
Source reference: p. 20, para. 3, quoting para. 15 of the Division Bench orderThe Division Bench also held that disputed questions of title and possession were for determination by the competent civil court after trial.
Source reference: p. 21, para. 3, quoting para. 16 of the Division Bench orderReasoning
The Court did not independently reconsider the merits of the Tahsildar’s order. It found that the Division Bench had already addressed the legal effect of the proposed action: BBMP/GBA could take action against unauthorised constructions under the applicable provisions, while action by revenue authorities under the Karnataka Land Revenue Act stood obliterated.
Source reference: pp. 20–21, para. 3Because the present petitions concerned the same Tahsildar’s order, the Court held that they should be disposed of in terms of the Division Bench’s decision.
Source reference: p. 21, para. 4Holding
The Court disposed of the writ petitions in terms of the Division Bench’s order dated 9 April 2026 in Writ Appeal No. 1531 of 2024 and connected appeals.
The judgment does not grant separate relief on the merits of the petitioners’ challenges to the Tahsildar’s order.
Source reference: no citationActs & Sections Cited
1 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.
the Act (alias, unresolved)1
Original Court PDF
SRI DHAMU KvsSTATE OF KARNATAKA
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