Karnataka High Court
Sri S Muniraju vs The State Of Karnataka on 4 March, 2025
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WP No. 35168 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO. 35168 OF 2018 (KLR-RES-PIL)
BETWEEN:
1. SRI S MUNIRAJU
AGED ABOUT 55 YEARS
S/O SRI SANDAPPA, EDITOR
AT NO.4, CHURCH COMPLEX
RANOJI RAO ROAD
BASAVANAGUDI
BENGALURU-560004
2. SRI M NAGARAJU
AGED ABOUT 42 YEARS
S/O N MUNIYAPPA
SOCIAL WORKER
R/A NO.145, SANDAPPA LAYOUT
MARUHTI NAGAR, YELAHANKA
BENGALURU-560064
...PETITIONERS
Digitally signed (BY SRI V.K. NARAYANA SWAMY, ADVOCATE FOR
by SRI C M VENKATA REDDY, ADVOCATE)
PRABHAKAR
SWETHA
KRISHNAN AND:
Location: High
Court of
Karnataka 1. THE STATE OF KARNATAKA
REP BY ITS CHIEF SECRETARY TO GOVERNMENT
VIDHANA SOUDHA
BENGALURU-560001
2. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
REVENUE DEPARTMENT
VIDHANA SOUDHA
BENGALURU-560001
3. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
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WP No. 35168 of 2018
K G ROAD
BENGALURU-560009
4. THE ASSISTANT COMMISSIONER
BENGALURU SOUTH
KANDAYA BHAVAN, K G ROAD
BENGALURU-560009
5. THE TAHASILDAR
BENGALURU SOUTH TALUK
KANDAYA BHAVAN, K G ROAD
BENGALURU-560009
6. THE INSPECTOR GENERAL OF
REGISTRATION AND COMMISSIONER
OF STAMPS
8TH FLOOR, KANDAYA BHAVAN, K G ROAD
BENGALURU-560009
7. THE SUB REGISTRAR
#76, 36TH MAIN ROAD
DOLLARS SCHEME, NEAR CENTRAL SILK BOARD,
BTM LAYOUT IST STAGE
BENGALURU-560068
8. SRI R PRABHAKAR REDDY
AGED ABOUT 45 YEARS
S/O N RAMA REDDY
R/A NO.1051, 8TH B MAIN
19TH CROSS, 7TH SECTOR
HSR LAYOUT
BENGALURU-560034
9. SRI K S VINOD KUMAR
AGED ABOUT 40 YEARS
S/O LATE SREENIVASA REDDY
NO.3, 6TH BLOCK, 17TH MAIN
KATHALI PALYA, KORAMANGALA LAYOUT,
BENGALURU-560095
10. SRI KRISHNAPPA R
S/O LATE T. RANGAPPA
AGED ABOUT 47 YEARS
11. SRI ANJINAPPA
S/O GALAPPA
AGED ABOUT 65 YEARS
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WP No. 35168 of 2018
12. SRI MUNIRAJU
S/O. GOWRAMMA
AGED ABOUT 47 YEARS
13. SRI FRANCIS
S/O. ANTHONIYAPPA
AGED ABOUT 45 YEARS
14. SMT. NAGAMANI
D/O. JANGAMAIAH
AGED ABOUT 45 YEARS
15. SRI GURUVAIAH
S/O. GURAMMA
AGED ABOUT 65 YEARS
ALL ARE RESIDING AT
VITTASANDRA VILLAGE
BEGUR HOBLI
BANGALORE SOUTH TALUK
BANGALORE - 560068
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO 7;
SRI B.R. SRIDHAR, ADVOCATE FOR SRI M. SHIVAPRAKASH, ADVOCATE
FOR R10 TO 15)
RESPONDENT NOS.8 & 9 ARE SERVED AND UNREPRESENTED;
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE
RESPONDENT NOS.1 TO 5 TO IMMEDIATELY TAKEOVER THE CUSTODY
OF THE ENTIRE GOMAL LAND IN SURVEY NO.81 MEASURING 54 ACRES
38 GUNTAS SITUATED AT VITTASANDRA VILLAGE, BEGUR HOBLI,
BENGALURU SOUTH TALUK AND WITH A FURTHER DIRECTION TO THE
SAID RESPONDENTS TO RESERVE THE SAID LAND FOR PUBLIC
PURPOSE AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B'
GROUP THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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WP No. 35168 of 2018
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE M.I.ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. V.K. Narayana Swamy for learned advocate Mr. C.M. Venkata Reddy for the petitioner, learned Additional Government Advocate Smt. Niloufer Akbar for respondent Nos.1 to 7 and learned advocate Mr. B.R. Sridhar for learned advocate Mr. M. Shivaprakash for respondent Nos.10 to 15.
2. This public interest petition is filed by the petitioners, wherein petitioner No.1 happens to be the editor of Kannada weekly magazine and petitioner No.2 projects himself to be a social worker and a public spirited person.
3. It is the case that the petitioners came to know that land bearing Sy.No.81 which is a gomal land admeasuring 54 Acres 38 -5- NC: 2025:KHC:9283-DB WP No. 35168 of 2018 Guntas situated at Vittasandra Village, Begur Hobli, Bengaluru South Taluka was illegally occupied and attempted to be grabbed by land mafia and allegedly criminal persons. It was the case that they wanted to form a private layout on the land by carving of sites and selling the same to the purchasers by obtaining spurious documents like khata, RTC etc., from the revenue authorities in collusion.
3.1 It was stated that these details were highlighted in the Kannada weekly magazine but the authorities did not take any action. It was the case that since valuable gomal land was allegedly grabbed and was being looted causing huge loss to the government exchequer. In this regard, several FIRs were also filed. The petitioners came up with the present public interest litigation, wherein multiple prayers are advanced. 3.2 First prayer was to direct respondent Nos.1 to 5 to takeover the custody of the entire land Sy.No.81 which was claimed to be gomal land at Vittasandra Village. The second prayer was for restraining the execution and registration of sale deeds in respect of the land by respondent Nos.6 and 7 and further direction was prayed for against the government and the governmental -6- NC: 2025:KHC:9283-DB WP No. 35168 of 2018 authorities to order probe into the entire alleged land grabbing scam and take appropriate action.
3.3 Yet another prayer was advanced seeking to declare that all revenue entries like khata, RTC and other encumbrance certificates issued in respect of the said land Sy. No.81 as illegal and are in breach of the provisions of the Karnataka Land Revenue Act,1964 as well as the Rules and guidelines in that regard. It was also prayed to declare that the sale deed executed by respondent Nos.8 and 9 in favour of different purchasers to be illegal. 3.4 The pendency of the petition witnessed orders passed by this court from time to time dealing with the subject matter. Pleadings were also filed by the contesting respondents seeking to refute the case of the petitioners giving the factual details about the controversy.
3.5 Lastly, figures on record the memo dated 19.02.2025 filed by learned Additional Government Advocate, whereby copy of the order dated 13.02.2025 passed by the Special Deputy Commissioner-II, Bengaluru in Case No.RRT(2)(S)CR:07/2021-22 is produced. The order relates to the suo motu initiated by the -7- NC: 2025:KHC:9283-DB WP No. 35168 of 2018 Special Deputy Commissioner-II at the request of the Tahsildar in relation to the subject matter land.
4. The detailed report about the status in respect of Sy. No.81 was obtained as also about the surplus gomal land. The said proceedings also dealt with the aspect of proposal to reserve land for constructing a Government Speciality Hospital on the said land. 4.1 The said order of the Special Deputy Commissioner dated 13.02.2025 records the findings as under, "Upon careful examination of records, including the certified copy of the Saguvali Chit Register Extract, RTCs, and survey records, it is confirmed that the original grantees were in possession of the granted land. A personal visit to the Office of the Tahsildar and verification of available records further substantiated the legitimacy of the grant. Additionally, the legal heirs of the original grantees have continued to hold possession and have executed sale deeds, reinforcing their claim. Section 136(3) of the Karnataka Land Revenue Act provides the Special Deputy Commissioner with the authority to review and rectify revenue entries where there is an error or fraud. In the present case, there is no evidence indicating that the original grants were obtained by misrepresentation or fraud. Furthermore, the continuous possession of the land by the grantees, as reflected in the RTCs, and the payment of land revenue support the respondents' claim to ownership.
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NC: 2025:KHC:9283-DB WP No. 35168 of 2018 By considering all these things, I am of the opinion that, the impugned proceedings are liable to be dropped. Further, the revenue entry has to be mutated in the name of the land owners."
4.2 It is an order passed under Section 136(3) of the Karnataka Land Revenue Act, 1964, wherein the final findings and directions came to be given as under, "1. The Tahsildar shall verify the grant documents furnished by the respondents and, upon confirmation of their authenticity, ensure the continuation of their names in the revenue records, as the grant is found to be genuine.
2. The Tahsildar shall take necessary legal action to identify and remove unauthorized encroachments from the land measuring 11 acres and 25 guntas, as per the report. This process shall be conducted in accordance with the provisions of the Karnataka Land Revenue Act, 1964, and other applicable laws.
3. The Tahsildar shall formally communicate with the beneficiary institutions, namely the Bangalore Development Authority (BDA) and Bangalore Metro Rail Corporation Limited (BMRCL), directing them to take appropriate measures to safeguard the land granted to them for public purposes as per Government Orders No. LND(S)CR/271/19-20 and No.LND(B)CR/100/19-20."
4.3 The writ petition is liable to be disposed of in light of the aforesaid order dated 13.02.2005 passed under Section 136(3) of the Karnataka Land Revenue Act, 1964.
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5. In view of the above, no further consideration survives in the present public interest litigation, the aggrieved parties are at liberty to have their own recourse, if permissible in law.
Sd/-
(N. V. ANJARIA) CHIEF JUSTICE Sd/-
(M.I.ARUN) JUDGE KPS List No.: 1 Sl No.: 100