Writ Petition No. 20662 of 2022 · The High Court
Case Details
- 1 - NC: 2025:KHC:16684 WP No. 20662 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 20662 OF 2022 (KLR-RR/SUR) …PETITIONER BETWEEN: AYAZ .G S/O ABDUL GHAFFAR SAB AGED ABOUT 41 YEARS R/O NO.211, RAHIMA MANZIL 1ST MAIN ROAD, 2ND CROSS 2ND STAGE, VINOBANAGARA SHIVAMOGGA-577 201. (BY SRI. P.N. HARISH, ADVOCATE) AND: 1. 2. 3. 4. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S.BUILDING BENGALURU-560001. THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA-577201. THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB DIVISION SHIVAMOGGA DISTRICT-577201. THE TAHASILDHAR SHIVAMOGGA TALUK-577201. SHIVAMOGGA DISTRICT. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16684 WP No. 20662 of 2022 5. 6. 7. 8. 9. GOWRAMMA W/O LATE HANUMANNA MAJOR IN AGE R/O HALEBOMMANAKATTE VILLAGE KASABA-2 HOBLI SHIVAMOGGA-577201. SHIVAMURTHY S/O LATE HANUMANNA MAJOR IN AGE R/O HALEBOMMANAKATTE VILLAGE KASABA-2 HOBLI SHIVAMOGGA-577201. LAKSHMANA S/O LATE HANUMANNA MAJOR IN AGE R/O HALEBOMMANAKATTE VILLAGE KASABA-2 HOBLI SHIVAMOGGA-577201. L. SATHYANARAYANA RAO S/O LATE R S LAKSHMANA RAO MAJOR IN AGE R/O 3RD CROSS, 2ND PHASE VINOBANAGARA SHIVAMOGA-577201. M.S. RAJAKUMAR S/O M. SHIVALINGAPPA MAJOR IN AGE R/O ASAARE NILAYA 4TH MAIN, 4TH CROSS SATHYANARAYANA LAYOUT SAHYADRINAGARA SHIVAMOGGA-577201. 10. R. HEMAVANTHAMMA W/O SHANKAR M S MAJOR IN AGE R/O SITE NO.24 IST MAIN, 4TH CROSS - 3 - NC: 2025:KHC:16684 WP No. 20662 of 2022 11. 12. 13. 14. SATHYANARAYANA LAYOUT SAHYADRINAGARA SHIVAMOGGA-577201. NAGAMMA W/O RAMA MAJOR IN AGE R/O 1ST MAIN, 4TH CROSS SATHYANARAYANA LAYOUT SAHYADRINAGARA SHIVAMOGGA-577201. SHANTHA W/O KARUVATHYAPPA MAJOR IN AGE R/O NO.113, D-BLOCK GOPALAGOWDA EXTENSION SHIVAMOGGA -577201. SHAKUNTHALA W/O Y H HALLIKERI MAJOR IN AGE R/O 5TH MAIN, 2ND CROSS SAHYADRINAGARA SHIVAMOGGA-577201. K. RAVI S/O LATE M. KOTOJI RAO MAJOR IN AGE R/O YELU KOTI ARAVINDANAGARA NEAR KEERTHINAGAR SHIVAMOGA-577201. 15. ESHWARAPPA SHANKARAPPA BANAKAR S/O SHANKARAPPA SINCE DEAD BY LRS 15(A) CHANDAN ISHWARAPPA BANAKAR S/O LATE ISHWARAPPA SHANKARAPPA BANAKAR AGED ABOUT 41 YEARS R/O PAVANI SAROVAR, B07, NO.7B BLOCK - 4 - NC: 2025:KHC:16684 WP No. 20662 of 2022 15(B) GROUND GLOOR, PHASE-1, NALLURHALLI OPP. TO NALLURHALLI LAKE WHITEFIELD, BENGALURU-560 066. CHETHANA ISHWARAPPA BANAKARA S/O LATE ISHWARAPPA SHANKARAPPA BANAKAR AGED ABOUT 39 YEARS R/O NO. 23, 2ND CROSS, KEERTHI NAGAR SHIVAMOGGA-577 204. 16. 17. 18. 19. V. RAJESH S/O LATE V.S. VENKAT RAO MAJOR IN AGE R/O BALAJI, NO.118 SAHYADRINAGARA SOMINAKOPPA ROAD SHIVAMOGGA-577201. KALAVATHI W/O LATE THIMMAPPA MAJOR IN AGE R/O 1ST CROSS, MILLAGHATTA SHIVAMOGGA-577201. BASAVARAJAPPA T V S/O VEERAPPA MAJOR IN AGE R/O 2ND CROSS, NO.1223 KUVEMPUNAGARA, HOSAMANE EXTENSION SHIVAMOGGA-577201. K. NAGARAJ S/O KUPPASWAMY HOUSTAN V S REPRESENTED BY VELLIYAMMA W/O KUPPUSWAMY SHUBAMANGALA KALYANA MANTAPA 1ST STAGE, VINOBHANAGARA 1ST CROSS, 60 FEET ROAD SHIVAMOGGA-577201. - 5 - NC: 2025:KHC:16684 WP No. 20662 of 2022 20. MAMATHA .H.M W/O SADASHIVAPPA MAJOR IN AGE R/AT THYAVARACHATTANAHALLI GONDHICHETTANAHALLI POST SHIVAMOGGA TALUK-577201. SHVIAMOGGA DISTRICT. 21. GIRIJAMMA W/O LATE G.K.GOPAL RAO SINCE DEAD BY HIS LRs
Legal Reasoning
G. VENKATACHALA S/O LATE SMT. GIRIJAMMA AGED ABOUT 61 YEARS R/AT NO. 171/1, HASUDI VILLAGE HASUDI POST, SHIMOGA TALUK SHIMOGA-577222. SMT. MEERA .G D/O LATE SMT. GIRIJAMMA AGED ABOUT 60 YEARS R/AT NO. 57, VAISHNAVI 3RD CROSS, 3RD MAIN, VALLABHANAGAR KONANAKUNTE, BENGALURU-560 062. [CAUSE TITLE AMENDED V/O/D 22.04.2025] …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R4; SRI. M.G. RAGHAVENDRA, ADVOCATE FOR R8; SRI. G.S. BALAGANGADHAR, ADVOCATE FOR C/R9 TO R14, R16 AND R18; SRI. B.C. RAJEEVA, ADVOCATE FOR R19, R15(A) AND R15(B); SRI. RAVISHANKAR, ADVOCATE FOR R21(A) AND (B); R5, R6, R7 AND R20 ARE SERVED BUT UNREPRESENTED) - 6 - NC: 2025:KHC:16684 WP No. 20662 of 2022 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 21.01.2020 PASSED BY R3 IN PDA NO.66/2019- 20 PRODUCED AS PER ANNEXURE-E TO THE WRIT PETITION AND THE ORDER DATED 18.07.2022 PASSED BY R2 IN R.MISC.NO.12/2020 PRODUCED AS PER ANNEXURE-G TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. 2. The undisputed facts of the case are as follows – The land in question i.e., land bearing Sy.No.147 measuring 1 acre 20 guntas of Bommanakatte village was granted to Lakshmana and he was registered as the kathedar. On his death, the name of his wife Marajji was entered in the revenue records by way of inheritance. Marajji executed a registered General Power of Attorney (GPA) in favour of Sathyanarayana. Subsequently, her children also - 7 - NC: 2025:KHC:16684 WP No. 20662 of 2022 executed registered GPA’s in favour of said Sathyanarayan. 3. Sathyanarayana, in turn, on the basis of the GPA applied for and obtained a plan to form a layout from the Shimoga Urban Development Authority (SUDA) on 15.01.1993. On the basis of this approval, Sathyanarayana has formed sites and on the strength of the power granted to him in the GPA has sold sites to various persons and thereafter, the kathas have also been registered in the name of purchasers on the basis of the registered sale deeds. 4. Notwithstanding the above facts, it appears that the legal heirs of Marajji sold the lands belonging to Marajji under registered sale deeds dated 26.07.2019 to the petitioner. 5. As noticed above, the sale deeds executed by legal representatives of Marajji was in the year 2019 i.e., - 8 - NC: 2025:KHC:16684 WP No. 20662 of 2022 nearly 27 years after the plan had been sanctioned by SUDA and the properties had been sold. 6. It is obvious from the above that the sale by the legal representatives of Marajji was after the plan had been approved by the SUDA in 1993 and after the layout had already been formed. Once a layout has been formed with the approval of the SUDA, the question of there being any revenue entries would not arise. Consequently, the claim for changing the revenue entries on the basis of the registered sale deeds in respect of residential layout which had been formed after due approval from the planning authorities would not arise. It is, therefore, clear that the entire proceedings initiated at the instance of the purchaser i.e., Ayaz would be totally without jurisdiction. 7. In the light of the fact that the layout had been formed, the question of initiation of proceedings for mutating the revenue entries at the instance of legal - 9 - NC: 2025:KHC:16684 WP No. 20662 of 2022 representatives of Marajji, who had sold the property to Ayaz would not arise. In other words, the proceedings initiated regarding the revenue records after the SUDA had approved a sanctioned plan would be wholly without jurisdiction. Consequently, all the orders passed under Section 129 and 136 of the Karnataka Land Reforms Act, 1961 would not be maintainable. 8. It may be pertinent to state here that the petitioner herein did not initiate any proceeding under Section 129 or under Section 136 and it is only the vendors, who had challenged the proceedings under Section 136, it is, therefore, clear that the petitioner would have no right to challenge the order passed by the Assistant Commissioner and the Deputy Commissioner which are passed under Section
Decision
136(2) and (3) and consequently, the Writ Petition is dismissed. - 10 - NC: 2025:KHC:16684 WP No. 20662 of 2022 9. It is hereby ordered that the kathas which are registered pursuant to the sale deeds executed by Sathyanaraya on the basis of the approved sanctioned plan shall continue and the same shall not be altered in any way. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 47