Sri.Narayanappa v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 38795 OF 2025 (KLR-RES) BETWEEN:

1. SRI.NARAYANAPPA S/O LATE GOPALAIAH AGED ABOUT 69 YEARS

¶2SRI. NAGARAJAIAH S/O GOPALAIAH AGED ABOUT 63 YEARS BOTH ARE R/AT JAMPENAHALLI C.N. DURGA HOBLI KORATAGERE TALUK TUMKUR DISTRICT - 572 129 …PETITIONERS (BY SRI. SOMASHEKHARAIAH R.P., ADVOCATE) AND:

¶1THE STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT VIDHANASOUDHA BANGALORE - 560 001

2. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU - 572 101

by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA NC:(2025:KHC:54741( WP(No.(38795(of(2025( ( , ,,HC-KAR( ( (

3., THE,TAHASILDHAR, KORATAGERE,TALUK, TUMAKURU,DISTRICT,-,572,129, ,

4., THE,DEPUTY,DIRECTOR, OF,LAND,RECORDS, TUMAKURU,DISTRICT,, TUMAKURU,-,572,101, ,

5., THE,ASSISTANT,DIRECTOR,OF,LAND,RECORDS, MADHUGIRI,SUB-DIVISION, MADHUGIRI, TUMAKURU,DISTRICT,-,572,132, ,

6., THE,ASSISTANT,EXECUTIVE,ENGINEER, PUBLIC,WORKS,DEPARTMENT, KORATAGERE, TUMAKURU,DISTRICT,-,572,129, ,

7., THE,EXECUTIVE,ENGINEER, PUBLIC,WORKS,DEPARTMENT, KORATAGERE, TUMAKURU,DISTRICT,-,572,129, …RESPONDENTS, (BY,SRI.,B.P.,RADHA,,AGA), , THIS,WP,IS,FILED,UNDER,ARTICLE,226,AND,227,OF,THE, CONSTITUTION, OF, INDIA, PRAYING, TO, DIRECT, THE, RESPONDENTS, TO,TAKE, NECESSARY, STEPS, FOR, ALLOTMENT, OF,ALTERNATE,LAND,IN,SY.,NO.,17,MEASURING,20,GUNTAS, SITUATED,AT,JAMPENAHALLI,VILLAGE,,CHANNARAYANADURGA, HOBLI,, KORATAGERE, TALUK,, TUMAKURU, DISTRICT, BY, CONSIDERING, THE, REPRESENTATION, DATED, 17-09-2024, UNDER,ANNEXURE-E,AND,ETC.,

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

ORAL ORDER

Learned Additional Government Advocate is directed to take notice for respondents.

¶2Heard Sri Somashekeraiah R.P., learned counsel for the petitioners.

¶3This petition is filed by the petitioners seeking the following reliefs: "1. Issue writ in the nature of mandamus directing the respondents to take necessary steps for allotment of alternate land in Sy.No.17 measuring 20 guntas situated at Jampenahalli Village, Channarayanadurga Hobli, Koratagere Taluk, Tumakuru District by considering the representation dated: 17-09-2024 under Annexure-E.

¶2Issue direction to the respondent No.6 & 7 not to take steps for formation of road till allotting alternate land to the petitioners".

¶4It is the vehement contention of learned counsel for the petitioners that petitioners are the owners of land bearing Sy.No.19/9 measuring to an extent of 4 guntas of situated at Jampenahalli Village, Channarayanadurga Hobli, Koratagere Hobli, Tumakuru District. He submits that the RTC Extracts and Revenue records are in his name as the mutation entered in his name. This being the state of affairs, the respondent No.4/ Deputy Director of Land Records, Tumakuru District conducted a survey and a sub-survey number has been assigned for the property of the petitioners. The PWD Department is making hectic efforts of formation of the road in the land belonging to the petitioners by encroaching 4 guntas of land. In view of the above, the petitioners submitted a representation dated 17.09.2024, which has not been considered by the respondents.

Without doing so, the respondent No.7/PWD Department all of a sudden on 20.12.2025 came along with JCB at

10.00 a.m. and started attempting to form a road in the land belonging to the petitioners without acquiring or issuing any notice, or by following due process of law or by payment of compensation. Therefore, he contends that the action of the respondents is illegal, arbitrary, violative of the principles of natural justice so also Article 300(A) of the Constitution of India. Hence, petitioners are before this Court.

¶5Per contra, learned Additional Government Advocate contends that the petitioners have not placed any material to show his ownership over the land in question. However, a representation so made on

17.09.2024 shall be considered in accordance with law.

¶6Having heard learned counsel for the petitioners and learned Additional Government Advocate for the respondents, this Court deems it appropriate to direct the

respondents to consider the representation of the petitioners dated 17.09.2024 and in case, they want to utilise the land of the petitioners, if so, proved by the petitioners by placing sufficient material, they shall do so in accordance with law. And if no materials are placed by the petitioners to show the land belongs to him, the respondents would be at liberty nevertheless to proceed in accordance with law expeditiously, by following the necessary procedures as contemplated in law. Ordered accordingly.

Sd/- (PRADEEP SINGH YERUR) JUDGE

PSJ List No.: 1 Sl No.: 25