Karnataka High Court
WP/16762/2026 of SMT. VARALAKSHMI Vs SRI. BETTAIAH on 2 July 2026
NC: 2026:KHC:32919-DB WP No. 16762 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 16762 OF 2026 (KLGP) BETWEEN: 1. SMT. VARALAKSHMI WIFE OF LATE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO. 16762 OF 2026 (KLGP)
BETWEEN:
1.
SMT. VARALAKSHMI
WIFE OF LATE SHIVAKUMAR,
DAUGHTER IN LAW OF LATE ANDANAIAH,
AGED ABOUT 40 YEARS,
RESIDING AT KODIHALLIPALYA,
KOTHAGERE HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT,
PIN CODE 572120
…PETITIONER
(BY SRI. PUNITH C., ADVOCATE)
AND:
1.
SRI. BETTAIAH
SON OF LATE SINGRAIAH,
AGED ABOUT 67 YEARS,
RESIDING AT KODIHALLIPALYA,
KOTHAGERE HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT,
PIN CODE572120
2.
SRI.SIDDESHWARA,
SON OF LATE ANDANAIAH,
AGED ABOUT 52 YEARS,
RESIDING AT KODIHALLIPALYA,
KOTHAGERE HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT,
PINCODE 572120
Digitally
signed by
VASANTHA
KUMARY B
K
Location:
HIGH
COURT OF
KARNATAKA
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3.
SRI.RAGHUPATHI,
SON OF LATE RANGABOREGOWDA,
AGED ABOUT 52 YEARS,
RESIDING AT KODIHALLIPALYA,
KOTHAGERE HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT,
PINCODE 572120
4.
SRI.SHIVALINGAIAH,
SON OF LATE THAMMAIAH,
AGED ABOUT 54 YEARS,
RESIDING AT KODIHALLIPALYA,
KOTHAGERE HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT,
PINCODE 572120
5.
SMT.ANUSUYA,
WIFE OF RAGHUPATHI,
AGED ABOUT 37 YEARS,
RESIDING AT KODIHALLIPALYA,
KOTHAGERE HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT,
PINCODE 572120
6.
SMT. GANGANARASAMMA,
WIFE OF LATE GANGABOREGOWDA,
AGED ABOUT 70 YEARS,
RESIDING AT KODIHALLIPALYA,
KOTHAGERE HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT,
PIN CODE 572120
7.
SRI.ANDANAIAH,
SON OF KEMPAIAH,
AGED ABOUT 69 YEARS,
RESIDING AT KODIHALLIPALYA,
KOTHAGERE HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT,
PIN CODE 572120
8.
SRI. PRAKASH,
HC-KAR
SON OF HANUMANTHAIAH,
AGED ABOUT 50 YEARS,
RESIDING AT KODIHALLIPALYA,
KOTHAGERE HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT,
PIN CODE 572120
9.
TAHSILDAR,
KUNIGAL TALUK,
TUMAKURU DISTRICT,
PIN CODE 572130
10.
EXECUTIVE OFFICER,
TALUK PANCHAYATH,
KUNIGAL TALUK, TUMAKURU DISTRICT,
TUMAKURU DISTRICT,
PIN CODE 572130
11.
PANCHAYATH DEVELOPMENT OFFICER,
KOTHAGERE GRAM PANCHAYATH,
KUNIGAL TALUK, TUMAKURU DISTRICT,
PIN CODE 572130
12.
STATION HOUSE OFFICER,
KUNIGAL POLICE STATION,
TUMAKURU DISTRICT,
PIN CODE 572130
13.
SMT. VIJAYAMMMA,
ALLEGED TO BE WIFE OF ANDANAIAH,
AGED ABOUT 62 YEARS,
RESIDING AT KODIHALLIPALYA,
KOTHAGERE HOBLI, KUNIGAL TALUK,
TUMAKURU DISTRICT,
PIN CODE 572120
…RESPONDENTS
(BY SRI. FAYAZ SAB B G., ADVOCATE FOR R1 & R2; VIDE ORDER DATED:14.05.2026, NOTICE TO R3 TO R8
IS DISPENSED WITH;
SRI. S.H.RAGHAVENDRA, AGA FOR R9 & R12;
SRI. NAGARAJAPPA.A, ADVOCATE FOR R10 & R11)
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE
THE
IMPUGNED
Citations and Judicial Treatment
Cited by
0
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0
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ORDER
DATED 22/04/2026 IN LGC(P)2094/2024 PASSED BY THE LEARNED ACTING CHAIRMAN, OF SPECIAL COURT OF KARNATAKA LAND GRABBING (CH-1), TO THE EXTENT OF DIRECTING THE RESPONDENT NO.10 FROM TAKING POSSESSION OF THE SCHEDULE PROPER AS PER ANNEXURE-A, ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF
ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ petition has been filed impugning the order dated 22.04.2026 passed by the Karnataka Land Grabbing Prohibition Special Court, Bengaluru, (CH No.1) in LGC (P) No.2094/2024.
2. In the order dated 22.01.2026 the Land Grabbing Court has recorded that Smt. Rashmi, the Tahsildar, Kunigal, is
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personally present in the Court and has submitted a report dated 20.01.2026. In the report it was specifically stated that there was no encroachment by the petitioner. It was also noted that the report also mentioned there was no encroachment as alleged in the complaint filed by respondent Nos.1 and 2 herein.
3. Heard Sri Punith C., learned counsel for the petitioner, Sri S.H. Raghavendra, learned AGA for respondent Nos.9 and 12 and Sri Nagarajappa A, learned counsel for respondent Nos.10 and 11.
4. Despite the specific stand of the Tahsildar/Government that there was no encroachment of the Government Gomal Land as alleged in the complaint, the Land Grabbing Court has proceeded with the complaint.
5. The Land Grabbing Court has also directed the Executive Officer of the Taluk Panchayath to take possession of the property on the basis of the affidavit filed by respondent No.5 who happens to be the wife of respondent No.3, who are close relation of the petitioners. It appears that they tried to settle
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their private dispute by using the provisions of the Land Grabbing Court.
6. The Land Grabbing Court assumes jurisdiction when there is an encroachment of the public property/or the land. The Tahsildar categorically submits that there was no encroachment of the Government Land by the petitioners herein, we fail to understand as to how the Land Grabbing Court can assume jurisdiction and proceed with the matter.
7. Once the Tahsildar in her report has categorically records a statement that there was no encroachment of the Government Land and State supports the said assertion of the Tahsildar, we find no reason for continuing the proceedings inasmuch as the Land Grabbing Court assumes jurisdiction only when there is an encroachment over the Government property/land.
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8. We therefore, allow this writ petition and quash the pending proceedings.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
NG CT: SN List No.: 1 Sl No.: 12