Karnataka High Court
Smt. Ranjitha C S vs State Of Karnataka on 9 March, 2026
Author: R Devdas
Bench: R Devdas
-1-
NC: 2026:KHC:14111
WP No. 35339 of 2025
C/W WP No. 31321 of 2025
WP No. 35217 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 35339 OF 2025 (KLR-RES)
C/W
WRIT PETITION NO. 31321 OF 2025 (KLR-RES)
WRIT PETITION NO. 35217 OF 2025 (KLR-RES)
IN WP No. 35339/2025
BETWEEN:
1. SRI. H R CHANDREGOWDA
S/O SRI. RANGEGOWDA,
AGED ABOUT 46 YEARS,
R/AT BHAGATH SINGH ROAD
10TH CROSS, JAYANAGAR EXTENSION,
2ND STAGE, HASSAN TOWN,
HASSAN DISTRICT-573201.
2. SMT. LALITHA
Digitally signed W/O LATE H.K. MALLESHA,
by SHWETHA
RAGHAVENDRA AGED ABOUT 33 YEARS,
R/AT BHOGARAHALLI KOPPALU VILLAGE
Location: HIGH
COURT OF KUDARAGUNDI POST,
KARNATAKA DUDDA HOBLI,
HASSAN TALUK AND DISTRICT.
573201
...PETITIONERS
(BY SRI. NAGARAJ D.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
BY ITS PRINCIPAL SECRETARY,
-2-
NC: 2026:KHC:14111
WP No. 35339 of 2025
C/W WP No. 31321 of 2025
WP No. 35217 of 2025
HC-KAR
M.S. BUILDING,
DR.B.R. AMBEDKAR VEEDHI,
BANGALORE-560 001.
2. THE PRESIDING OFFICER,
DEPARTMENT OF REVENUE (LAND GRANT-2),
M.S. BUILDING,
DR.B.R. AMBEDKAR VEEDHI,
BANGALORE-560 001.
3. THE DEPUTY COMMISSIONER,
HASSAN DISTRICT,
HASSAN-573 201.
4. SUB-REGISTRAR,
OFFICE OF THE SUB-REGISTRAR,
MINI VIDHANA SOUDHA,
HASSAN-573 201.
5. JILLA HARIJANA SHIKSHITHA
NIRUDYOGIGALA MATHU UDYOGIGALA
KSHEMABHIVRUDDHI SANGHA (R),
NO.4/71-72, 4TH CROSS,
KARIBEERESWHARA TILES AND SANITARY BUILDING,
JAYANAGARA, CHIKKAHONNENAHALLY,
VIDYANAGAR, HASSAN DISTRICT-573 201.
REGISTER UNDER SOCIETIES ACT, 1961(1)
...RESPONDENTS
(BY SMT. B.P. RADHA., AGA FOR R1 TO R4;
SRI. JAGADEESH H T., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
COMMUNICATION NO. KAM E 01 LGH 2024 DATED 16.08.2024
ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT VIDE
ANNEXURE-A, AND THE COMMUNICATION NO. LND (1) 609/2024-25
(E-688601) DATED 19.05.2025 ISSUED BY THE 3RD RESPONDENT
TO THE 4TH RESPONDENT, VIDE ANNEXURE-B, IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.
IN WP NO. 31321/2025
BETWEEN:
-3-
NC: 2026:KHC:14111
WP No. 35339 of 2025
C/W WP No. 31321 of 2025
WP No. 35217 of 2025
HC-KAR
1. SMT V M AMRUTHA
W/O SRI MANJUNATH,
AGED ABOUT 47 YEARS,
BHAGATHSINGH MAIN ROAD,
JAYANAGAR 2ND STAGE,
HASSAN - 573 201.
2. SRI C K UMESH,
S/O LATE C D KRISHNEGOWDA,
AGED ABOUT 49 YEARS,
9TH CROSS, BHAGATHSINGH MAIN ROAD,
JAYANAGAR 2ND STAGE,
HASSAN - 573 201.
...PETITIONERS
(BY SRI. NAGARAJ D.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
BY ITS PRINCIPAL SECRETARY,
M.S.BUILDING
DR. B.R. AMBEDKAR VEEDHI,
BANGALORE - 560001.
2. THE PRESIDING OFFICER
DEPARTMENT OF REVENUE (LAND GRANT - 2)
M.S.BUILDING,
DR. B.R. AMBEDKAR VEEDHI,
BANGALORE - 560001.
3. THE DEPUTY COMMISSIONER
HASSAN DISTRICT
HASSAN - 573201.
4. SUB REGISTRAR
OFFICE OF THE SUB-REGISTRAR,
MINI VIDHANA SOUDHA,
HASSAN - 573201.
5. JILLA HARIJANA SHIKSHITHA NIRUDYOGIGALA MATHU
UDYOGIGALA KSHEMABHIVRUDDHI SANGHA (R)
NO. 4/71-72, 4TH CROSS,
KARIBEERESHWARA TILES AND SANITARY BUILDING,
JAYANAGARA, CHIKKAHONNENAHALLY
-4-
NC: 2026:KHC:14111
WP No. 35339 of 2025
C/W WP No. 31321 of 2025
WP No. 35217 of 2025
HC-KAR
VIDYANAGAR
HASSAN DISTRICT - 573201.
REGISTERED UNDER CO-OPERATIVE
SOCIETIES ACT, 1961(1)
...RESPONDENTS
(BY SMT. RADHA B.P., AGA FOR R1 TO R4;
SRI. JAGADEESH H.T., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
COMMUNICATION NO. KAM E 01 LGH 2024 DATED 16.08.2024
ISSUED BY THE R2 TO THE R3 VIDE ANNEXURE-A AND THE
COMMUNICATION NO. LND(1) 609/2024-25 (E-688601) DATED
19.05.2025 ISSUED BY THE R3 TO THE R4 VIDE ANNEXURE-B
AND ETC.
IN WP NO. 35217/2025
BETWEEN:
1. SMT. RANJITHA C S
W/O SRI. MAHESHA K.V.
AGED ABOUT 42 YEARS,
R/AT NEAR TANVITHREESH KALYANA MANTAPA
CHIKKAHONNENAHALLY,
HASSAN TALUK AND DISTRICT-573 201.
2. SRI. M.N. MANJUNATHA,
S/O. LATE DODDA NANJEGOWDA,
AGED ABOUT 48 YEARS,
R/AT MALLAGOWDANAHALLI,
SHANTHIGRAMA HOBLI,
HASSAN TALUK AND DISTRICT,
KARNATAKA-573 201.
...PETITIONERS
(BY SRI. NAGARAJ D.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
BY ITS PRINCIPAL SECRETARY,
M.S. BUILDING, DR.B.R. AMBEDKAR VEEDHI,
BANGALORE-560 001.
-5-
NC: 2026:KHC:14111
WP No. 35339 of 2025
C/W WP No. 31321 of 2025
WP No. 35217 of 2025
HC-KAR
2. THE PRESIDING OFFICER,
DEPARTMENT OF REVENUE (LAND GRANT-2),
M.S. BUILDING,
DR.B.R. AMBEDKAR VEEDHI,
BANGALORE-560 001.
3. THE DEPUTY COMMISSIONER,
HASSAN DISTRICT,
HASSAN-573 201.
4. SUB-REGISTRAR,
OFFICE OF THE SUB-REGISTRAR,
MINI VIDHANA SOUDHA,
HASSAN-573 201.
5. JILLA HARIJANA SHIKSHITHA NIRUDYOGIGALA MATHU
UDYOGIGALA KSHEMABHIVRUDDHI SANGHA
NO.4/71-72, 4TH CROSS,
KARIBEERESWHARA TILES AND SANITARY BUILDING,
JAYANAGARA,
CHIKKAHONNENAHALLY, VIDYANAGAR,
HASSAN DISTRICT-573 201.
REGISTER UNDER SOCIETIES ACT, 1961(1)
...RESPONDENTS
(BY SMT. RADHA B.P., AGA FOR R1 TO R4;
SRI. JAGADEESH H.T., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
COMMUNICATION NO. KAM E 01 LGH 2024 DATED 16.08.2024
ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT
VIDE ANNEXURE-A, AND THE COMMUNICATION NO.LND(1)
609/2024-25 (E-688601) DATED 19.05.2025 ISSUED BY THE
3RD RESPONDENT TO THE 4TH RESPONDENT, VIDE ANNEXURE-
B, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
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NC: 2026:KHC:14111
WP No. 35339 of 2025
C/W WP No. 31321 of 2025
WP No. 35217 of 2025
HC-KAR
ORAL ORDER
1. The writ petitioners are aggrieved of the impugned communication at Annexure-A issued by respondent No.2- Principal Secretary, Department of Revenue to the Deputy Commissioner and the impugned communication at Annexure-B issued by the Deputy Commissioner, Hassan District to the Sub-Registrar, Hassan.
2. Learned counsel for the petitioners submits that the petitioners in all these petitions have purchased individual residential sites from their predecessors in title. Having regard to the undisputed fact that several such sites which were carved out of Survey No.53 of Chikkahonnenahalli Village, Haralahalli Grama Panchayath, Kasaba Hobli, Hassan Taluk and District, and were granted in terms of the Official Memorandum dated 20.09.1975 at Annexure-C, the original owners of the individual sites have thereafter sold the sites in favour of third parties and the petitioners are now the owners of individual sites. -7-
NC: 2026:KHC:14111 WP No. 35339 of 2025 C/W WP No. 31321 of 2025 WP No. 35217 of 2025 HC-KAR However, the Deputy Commissioner having wrongly understood the communication at Annexure-A made by the Principal Secretary, Revenue Department to the Deputy Commissioner, Hassan District where the Principal Secretary directed the Deputy Commissioner to ensure that the vacant sites which have remained unallotted or indisposed, shall not be alienated having regard to the orders passed by this Court in WP No.22462/2021 and the Deputy Commissioner has proceeded to issue the impugned communication to the Sub-Registrar, directing him to cancel 15 sale deeds. Although there is no clarity in the communication made by the Deputy Commissioner regarding the 15 sites, the petitioners are apprehensive that pursuant to the impugned communication made by the Deputy Commissioner, the Sub-Registrar would proceed to cancel their sale deeds.
3. Learned AGA however submits that the apprehension of the petitioners is unfounded. The Sub-Registrar has not cancelled any sale deed pursuant to the impugned -8- NC: 2026:KHC:14111 WP No. 35339 of 2025 C/W WP No. 31321 of 2025 WP No. 35217 of 2025 HC-KAR communication. However, learned counsel for the petitioners draws the attention of this Court to Annexure-V in WP No.31321/2025 and submits that the Sub-Registrar has indeed cancelled many sale deeds pursuant to the impugned communication made by the Deputy Commissioner.
4. Insofar as respondent no.5-Society is concerned, learned counsel for the petitioners submits that the claim of respondent No.5-Society that the layout was formed by respondent No.5-Society, and that the society has allotted the sites to its members are totally unfounded. Learned counsel submits that sites were allotted in terms of the official memorandum issued by the Tahsildar and the claim of respondent No.5 is totally illegal and baseless.
5. Having heard the learned counsel for petitioners, learned AGA for the respondent authorities, the learned counsel for respondent no.5-Society and on perusing the petition papers, this Court is of the considered opinion that -9- NC: 2026:KHC:14111 WP No. 35339 of 2025 C/W WP No. 31321 of 2025 WP No. 35217 of 2025 HC-KAR the Deputy Commissioner or the State Government have no such powers to issue directions to the Sub-Registrar to cancel a registered sale deed. This is a well settled position of law.
6. Insofar as the claim of respondent No.5-Society is concerned, all contentions are left open to be decided in WP No.22462/2021 which is pending consideration.
7. Consequently, the Writ Petitions are allowed. The impugned communications at Annexures-A dated 16.8.2024 and at Annexure-B dated 19.5.2025 issued by the Deputy Commissioner, Hassan District to the Sub- Registrar, Hassan are hereby quashed and set aside. Needless to observe that if in the opinion of the Principal Secretary, Revenue Department or the Deputy Commissioner, Hassan District that the some of the allottees of the sites have disposed of the sites in contravention of the conditions of allotment or for any
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NC: 2026:KHC:14111 WP No. 35339 of 2025 C/W WP No. 31321 of 2025 WP No. 35217 of 2025 HC-KAR other reason, action can be taken by the competent authority only in accordance with law.
Ordered accordingly.
Sd/-
(R DEVDAS) JUDGE PRS List No.: 1 Sl No.: 14