Karnataka High Court
WA/424/2024 of SRI MOHAMMED MUKTHAR AHMED Vs THE STATE OF KARNATAKA on 7 July 2026
NC: 2026:KHC:33995-DB WA No. 424 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 424 OF 2024 (KLR-RES) BETWEEN: 1. SRI.MOHAMMED MUKTHAR AHMED, S/O LATE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO. 424 OF 2024 (KLR-RES)
BETWEEN:
1.
SRI.MOHAMMED MUKTHAR AHMED,
S/O LATE MOHAMMED ABDULLA,
AGED ABOUT 73 YEARS,
R/NO 290 3RD CROSS, B' BLOCK,
NEAR MASHALLAH MASJID,
SUBHASH NAGAR, BEGUR,
BANGALORE SOUTH,
BANGALORE - 560 068.
2.
SRI. NISAR AHMED,
S/O LATE MOHAMMED ABDULLA,
AGED ABOUT 71 YEARS,
R/A NO 395 'A' BLOCK,
NEAR AYAPPA TEMPLE,
SUBHASH NAGAR, BEGUR,
BANGALORE SOUTH,
BANGALORE - 560 068.
3.
SRI. MOHAMED SARDAR @ PEER KHAN,
S/O LATE MOHAMMED ABDULLA,
AGED ABOUT 69 YEARS,
R/ NO 733 NEAR MASHALLAH MASJID,
SUBHASH NAGAR, BEGUR,
BANGALORE SOUTH,
BANGALORE - 560 068.
Digitally
signed by
REKHA R
Location:
High Court
of Karnataka
HC-KAR
APPELLANT 1 TO 3 ARE REPRESENTED BY
THE GENERAL POWER OF ATTORNEY HOLDER
SRI. MIE RAZA ALI S/O MIR HASAN RAZA,
AGED ABOUT 56 YEARS, R/A NO 366,
8TH MAIN, 4TH CROSS, VIVEK NAGAR,
BANGALORE - 560 047.
…APPELLANTS
(BY MS. HEENA S.A., ADVOCATE FOR
SRI. CHANDPASHA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
REPRESENTED BY ITS
SECRETARY DEPARTMENT OF
URBAN DEVELOPMENT,
VIKASA SOUDHA,
BANGALORE - 560 001.
2.
THE DEPUTY COMMISSIONER,
MYSURU DISTRICT,
MYSURU - 570 001
3.
THE ASSISTANT COMMISSIONER,
MYSORE SUB-DIVISION,
MYSORE - 570 001.
4.
THE TAHSILDAR,
MYSURU TALUK,
MYSURU - 570 001.
5.
SMT. NINGAMMA,
W/O LATE PUTTASWAMY,
AGED ABOUT 85 YEARS,
RESIDING AT NO 3733,
BASAMMAGARADI ROAD,
VEERANAGERE,
LASHKAR MOHALLA,
MYSORE - 570 001.
HC-KAR
6.
MYSORE URBAN DEVELOPMENT
AUTHORITY (MUDA),
JHANSI RANI LAKSHMI BAI ROAD,
CHAMARAJAPURA, LAKSHMIPURAM,
MYSURU - 570 005.
…RESPONDENTS
(BY SRI. B. RAVINDRANATH, AGA FOR R1,
SRI. G.B. SHARATH GOWDA, ADVOCATE FOR R6, VIDE ORDER DATED 12.02.2026 R5 IS DELETED)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE
THE ORDER DATED:20.11.2023 PASSED BY THE LEARNED
SINGLE
JUDGE
OF
THIS
HON'BLE
COURT
IN
WP
No.19492/2022 AND ETC.,
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra Court appeal has been filed impugning the order dated 20.11.2023 passed the Writ Court in W.P.No.19492/2022 filed by the appellants.
HC-KAR
2. The appellants have filed the Writ Petition challenging the order dated 25.05.2022 passed by the Deputy Commissioner, Mysuru District in R.A.P.No.18/2018, whereby the revision application filed by the appellants/petitioners came to be dismissed vide order dated 07.08.2017, whereby the order passed by the Tahsildar in R.A.P proceedings was confirmed. The petitioners claim to be the owners of 25 Guntas of land in Sy.No.87/1 situated at Belavatta Village, Mysuru Taluk. They also claim to be the owners of 61/4 guntas each, by virtue of Sale Deed dated 03.05.1973 from Puttaswamy.
3. According to the petitioners these 25 guntas of land was left out from the total land in Sy.No.87/1 from the acquisition proceedings which were completed way back in the year 1966. However, the petitioners/appellants have not produced the Preliminary and Final Notification and have withheld the relevant information from the Court. In the absence of Preliminary and Final Notification, this Court is unable to accept the contention of the
HC-KAR
petitioners that only 01 Acre 15 Guntas, out of 2 Acres of land in Sy.No.87/1 was acquired way back in the year 1966.
4. The Tahsildar vide order dated 07.08.2017 in R.A.P proceedings has specifically held that the entire land in Sy.No.87/1 was acquired and compensation even for 25 Guntas of land was paid.
5. According to the petitioners/appellants, they became the owners of 25 Guntas of land in Sy.No.87/1 on the strength of the registered sale deed, which was executed by the owner in the year 1973.
6. The petitioners have got Sale Deed executed in their favour in the year 1973. We fail to understand that what prevented the petitioners to get the revenue entries changed in their name soon after the execution of the registered sale deed and why they waited for 34 long years. The Writ Court considering all these facts, dismissed the Writ Petition and affirmed the order passed
HC-KAR
by the Tahsildar and the Deputy Commissioner. We find no reason to interfere with the impugned order passed by the Writ Court. We find the Writ Appeal has no merit and is hereby dismissed. However, no order as to costs.
7. In view of dismissal of the Writ Appeal, pending interlocutory applications, if any, stand disposed of.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
PK List No.: 1 Sl No.: 7 ct-vn