Karnataka High Court
WP/34983/2025 of SRI S UMAPATHI, Vs STATE OF KARNATAKA on 9 July 2026
NC: 2026:KHC:34590-DB WP No. 34983 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 34983 OF 2025 (GM-RES-PIL) BETWEEN: 1. SRI S. UMAPATHI
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO. 34983 OF 2025 (GM-RES-PIL)
BETWEEN:
1.
SRI S. UMAPATHI
S/O M.R. THIPPESWAMY
ADVOCATE
AGED ABOUT 56 YEARS
RESIDENT OF NAYAKANAHATTY VILLAGE
…PETITIONER
(BY SRI BALARAJ A.C., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
VIKASA SOUDHA
DR. B.R. AMBEDKAR VEEDHI
BENGALURU - 560 001
2.
THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
CHITRADURGA - 577 501
Digitally
signed by
VEERENDRA
KUMAR K M
Location:
High Court
of Karnataka
HC-KAR
3.
THE ASSISTANT COMMISSIONER
CHITRADURGA SUB-DIVISION
CHITRADURGA - 577 501
4.
THE ASSISTANT DIRECTOR OF
LAND RECORDS
CHITRADURGA SUB-DIVISION
CHITRADURGA - 577 501
5.
THE TAHSILDAR
6.
SRI RAJA VIDYA SAMSTHE (R)
NAYAKANAHATTI VILLAGE
NAYAKANAHATTI HOBLI
REPRESENTED BY ITS
PRESIDENT CUM SECRETARY
…RESPONDENTS
(BY MS. NILOUFER AKBAR, AGA FOR R-1 TO 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 MANDAMUS OR ANY OTHER APPROPRIATE
WRIT, ORDER OR DIRECTION UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, DIRECTING THE 2ND RESPONDENT AND
3RD RESPONDENT FOR PASSING FINAL ORDERS ON THE
PROPOSALS SUBMITTED BY THE 5TH RESPONDENT DATED
23/11/2018 VIDE ANNEXURE-H FOR CANCELLING THE LAND
GRANTED IN FAVOUR OF 6TH RESPONDENT AND TO RESUME THE
ABOVE LAND IN FAVOUR OF THE STATE GOVERNMENT AND
RESERVING THE SAME FOR PUBLIC PURPOSES & ETC.
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THIS PETITION, COMING ON FOR PRELIMIANRY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
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ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The learned Additional Government Advocate accepts notice for respondents No.1 to 5.
2. The petitioner has filed the present petition as a public interest litigation, inter alia, praying that directions be issued to the second and third respondents to pass the final order on the proposal dated 23.11.2018 furnished by the fifth respondent for cancelling the subject land granted in favour of the sixth respondent.
3. The petitioner states that on 19.10.1993, respondent No.2 had granted 2 acres of land comprising in Survey No.193 of Nayakanahatti Village, Nayakanahatti Hobli, Challakere Taluk, Chitradurga District, for the purposes of construction of a high school and playground for children. The petitioner states that the said grant was subject to the condition that the subject land would
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be utilized within a period of two years from the date of grant and the grantee will also comply with other rules and regulations. It is stated that consequent to the said grant the name of respondent No.6 was mutated in the revenue records.
4. The petitioner claims that despite the said condition, respondent No.6 did not establish any school or develop the subject land as a playground for the children. Since the subject land was not utilized for the purpose for which it was granted, the grant was liable to be cancelled. The petitioner further states that the proposal had been furnished by the fifth respondent for cancelling the grant and resumption of the subject land. However, no steps have been taken in this regard.
5. In view of the averments made in the present petition, we consider it apposite to direct the respondent authorities to consider the averments made in the present petition and take an informed decision, and if necessary and warranted, take steps for resumption of the subject land, albeit in accordance with law.
6. We have not issued any notice in the present petition to respondent No.6 and therefore we consider it apposite to clarify
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that if any steps are proposed to be taken by the authorities, which are adverse to respondent No.6, respondent No.6 shall be afforded sufficient opportunity to be heard and the principles of natural justice shall be followed.
7. The petition is disposed of in the aforesaid terms.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
KMV List No.: 2 Sl No.: 15