Precedent

Karnataka High Court

WA/917/2025 of SRI KENCHAPPA Vs THE DEPUTY COMMISSIONER on 21 September 2026

Cites 0, Cited by 0

CNR: KAHC010365882025 NC: 2026:KHC:52574-DB WA No. 891 of 2025 C/W WA No. 917 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 891 OF 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 21ST DAY OF SEPTEMBER, 2026

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN

WRIT APPEAL NO. 891 OF 2025 (KLR-RES)

C/W

WRIT APPEAL NO. 917 OF 2025 (KLR-RES)

IN WA No. 891/2025

BETWEEN:

1.

SRI.G.SRINIVAS

S/O. LATE GOPALAPPA

AGED ABOUT 45 YEARS

2.

SRI. SHIVA PRAKASH

S/O. LATE HANUMANTHAPPA

AGED ABOUT 37 YEARS

3.

SRI. MADHU K

S/O. KARIBASAPPA

AGED ABOUT 39 YEARS

4.

SRI. SHIDDISH M

S/O. MANDAPPA

AGED ABOUT 41 YEARS

5.

SRI RAVIDNRA K

S/O KRISHNAPPA

AGED ABOUT 39 YEARS

6.

SRI SHANTHAMMA

W/O LATE SHANTHAPPA

Digitally

signed by

MALA K N

Location:

HIGH COURT

OF

KARNATAKA

HC-KAR

AGED ABOUT 51 YEARS

7.

SRI NAGARAJAPPA

S/O LATE RANGAPPA

AGED ABOUT 56 YEARS

8.

SRI L K CHANDRU

S/O KRISHNAPPA

AGED ABOUT 41 YEARS

9.

SMT MANJULA

W/O LATE SHANMUKAPPA

AGED ABOUT 46 YEARS

10.

SRI MANJUNATH M

S/O LATE MAHALINGAPPA

AGED ABOUT 36 YEARS

11.

SRI CHANDRAPPA

S/O LATE MALALAGOPPA RANGAPPA

AGED ABOUT 49 YEARS

12.

SRI SUNDRAPPA

S/O LATE HALAPPA

AGED ABOUT 61 YEARS

13.

SRI SHIVARAJAPPA

S/O LATE BAIRAPPA

AGED ABOUT 57 YEARS

14.

SRI RAJASHEKARA

S/O LATE HALAPPA

AGED ABOUT 51 YEARS

15.

SRI NAGARAJA S/O RANGAPPA

AGED ABOUT 47 YEARS

16.

SMT NAGAMMA

S/O SARASAPPA

AGED ABOUT 46 YEARS

HC-KAR

17.

SMT MANJAPPA A D

S/O LATE RAMAPPA

AGED ABOUT 54 YEARS

18.

SMT RATHNAMMA

W/O LATE KUMARAPPA

AGED ABOUT 49 YEARS

19.

SMT SARVAMANGALA

W/O LATE RANGANATHAPPA

AGED ABOUT 46 YEARS

20.

SRI DEVENDRAPPA

S/O LATE RANGAPPA

AGED ABOUT 66 YEARS

21.

SRI RAMAPPA

S/O LATE MUKARANGAPPA

AGED ABOUT 64 YEARS

22.

SRI GEVINDA RAJ

S/O SANNA THIMMAPPA

AGED ABOUT 47 YEARS

23.

SRI SHIVALINGAPPA

S/O RANGAPPA

AGED ABOUT 52 YEARS

24.

SRI R SURESH

S/O HUNASEDU RANGAPPA

AGED ABOUT 42 YEARS

25.

SRI VENKATESHAPPA

S/O LAKKAVALLI RANGAPPA

AGED ABOUT 62 YEARS

26.

SRI SHANTHAPPA

S/O RAMAPPA

AGED ABOUT 42 YEARS

HC-KAR

27.

SRI RANGANATHA

S/O MALALAGEPPA RANGAPPA

AGED ABOUT 62 YEARS

ALL ARE RESIDING AT SIRIGERE VILLAGE,

HARANAHALLI HOBLI,

SHIVAMOGA TALUK,

SHIVAMOGGA DISTRICT – 577 203

…APPELLANTS

(BY SMT. AKSHATHA SHETTY.K, ADVOCATE)

AND:

1.

THE DEPUTY COMMISSIONER

SHIVAMOGGA DISTRICT, DEPUTY COMMISSIONER

OFFICE BUILDING,

SHIVAMOGGA TALUK

SHIVAMOGA DISTRICT PIN – 577 201

2.

THE TAHASHILDAR

SHIVAMOGGA TALUK,

TALUK TAHASHILDAR OFFICE,

SHIVAMOGA CITY,

SHIVAMOGGA DISTRIC

PIN 577201.

3.

SRI. GURUTEAK PRIVATE LIMITED,

NO.874, MODI HOSPITAL ROAD,

RAJAJINAGAR BENGALURU

BENGALURU-560044

REP BY ITS MANAGING DIRECTOR

4.

SMT. RANGAMMA

W/O LATE VENKATESHAPPA

AGED ABOUT 56 YEARS,

5.

SRI. JAGADISH,

S/O LATE KUNTARANGAPPA,

AGED ABOUT 35 YEARS,

HC-KAR

6.

SRI. KARIBADAPPA

S/O NAGARAJAPPA

AGED ABOUT 35 YEARS,

7.

SRI. ANANDA

S/O LATE HANUMANTHAPPA,

AGED ABOUT 40 YEARS,

…RESPONDENTS

(BY SRI.RAMESH .P.KULKARNI &

SRI. VINAY SHREYAS K.V FOR C/R3 (CP NO. 9331/25)

SRI. ANKITHA AJAY PATIL FOR R4 TO R6;

SRI. MITHUN GAREHALLI AAG/A/W

SRI. M.N.SUDEV HEGDE, AGA FOR R1 & R2)

THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH

COURT ACT PRAYING TO a) TO SET ASIDE THE IMPUGNED

ORDER DATED 15.04.2025 PASSED IN WP No. 17457/2018

PASSED BY THE LEARNED SINGLE JUDGE AND ISSUE ANY

OTHER WRIT OR ORDER OR DIRECTION AS THIS HONBLE

COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF

THE CASE, TOGETHER WITH COST IN THE INTEREST OF

JUSTICE AND EQUITY.

IN WA NO. 917/2025

BETWEEN:

1.

SRI KENCHAPPA

S/O HALAPPA,

AGED ABOUT 60 YEARS

2.

SRI. PHAKERAPPA,

S/O SRERANGAPPA,

AGED ABOUT 45 YEARS

ALL ARE RESIDING AT

SIRIGERE VILLAGE, HARANAHALLI HOBLI,

SHIVAMOGA TALUK,

SHIVAMOGGA DISTRICT – 577 203

...APPELLANTS

(BY SMT. AKSHATHA SHETTY K.,ADVOCATE)

HC-KAR

AND:

1.

THE DEPUTY COMMISSIONER

SHIVAMOGGA DISTRICT,

DEPUTY COMMISSIONER OFFICE BUILDING,

SHIVAMOGA TALUK,

SHIVAMOGA DISTRICT,

PIN 577 201.

2.

THE TAHASHILDAR

SHIVAMOGGA TALUK,

TALUK TAHASHILDAR OFFICE,

SHIVAMOGA CITY,

SHIVAMOGGA DISTRICT- PIN 577201.

3.

SRI. GURUTEAK PRIVATE LIMITED,

NO.874, MODI HOSPITAL ROAD,

RAJAJINAGAR, BENGALURU – 560 044

REP BY ITS MANAGING DIRECTOR

...RESPONDENTS

(BY SRI. RAMESH .P.KULKARNI &

SRI. VINAY SHREYAS K.V FOR C/R3 (CP NO. 9331/25)

SRI. MITHUN GAREHALLI AAG/A/W

SRI. M.N.SUDEV HEGDE, AGA FOR R1 & R2)

THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA

HIGH COURT ACT PRAYING TO a) TO SET ASIDE THE

IMPUGNED ORDER DATED 15.04.2025 PASSED IN WP No.

17457/2018 PASSED BY THE LEARNED SINGLE JUDGE AND

ISSUE ANY OTHER WRIT OR ORDER OR DIRECTION AS THIS

HONBLE

COURT

MAY

DEEM

FIT

TO

GRANT

IN

THE

CIRCUMSTANCES OF THE CASE, TOGETHER WITH COST IN THE

INTEREST OF JUSTICE AND EQUITY.

THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

HC-KAR

CORAM: HON'BLE MR. JUSTICE D K SINGH

AND

HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN

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ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present intra Court appeal has been filed by the appellants who are said to be the illegal and unauthorized occupants of Government land classified as Jungle Kharab, which is, as per revenue records B Kharab i.e., the Government property.

2. The petitioners’/appellants’ application for allotment of the land in their favour has not been favoured by the Government, as the Jungle Kharab/B Kharab land cannot be allotted/granted. The Government property has to be used for public purposes. Learned single Judge having considered the facts and circumstances of the law, has rejected the Writ Petition filed by the petitioners against the orders passed by the revenue authorities

HC-KAR

recording that land in question as Government land in B kharab.

3. We find no error in the impugned judgment and order passed by the learned single Judge. The Writ Appeal is without any merit and substance.

4. Petitioners are on the wrong side of the law. They tried to invoke the jurisdiction of this Court under Article 226 of the Constitution of India and the Writ Court has rightly refused to exercise its discretionary jurisdiction as the petitioners who are the illegal occupants of the Government land, cannot seek remedy for grant of land under Article 226 of the Constitution of India.

5. The Government must retrieve the land from any unauthorized occupants of the land. We do not find any ground to interfere in this appeal.

HC-KAR

We therefore, dismiss this appeal, however, without cost.

Sd/- (D K SINGH) JUDGE

Sd/- (H.SHANTHI BHUSHAN) JUDGE

BVK List No.: 1 Sl No.: 15

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