IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1^ST DAY OF DECEMBER, 2025

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MR. JUSTICE C.M. POONACHA

WRIT APPEAL NO. 100 OF 2025 (SCST)

BETWEEN:

1. THE STATE OF KARNATAKA

DEPARTMENT OF REVENUE,

VIDHANA SOUDHA,

DR.AMBEDKAR VEEDHI,

BENGALURU-560 001

REPRESENTED BY ITS PRL.SECRETARY

2. THE ASSISTANT COMMISSIONER,

SUB-DIVISION,

MADHUGIRI TALUK,

TUMKUR DISTRICT 572 132

Digitally 3. THE DEPUTY COMMISSIONER,

signed by MINI VIDHANA SOUDHA,

NIRMALA TUMKUR - 572 101

DEVI

Location:

…APPELLANTS

HIGH

(BY SMT. NAMITHA MAHESH B G, AGA)

COURT OF

KARNATAKA

AND:

1. SRI M.R.PRASANNA KUMAR

AGED ABOUT 53 YEARS,

S/O M.H.SHESHAIAH,

RESIDENT OF CHIDANANDA CIRCLE,

OLD BALAJINAGARA, SIRA TOWN - 572 137.

2. SRI M.H.THIMMARAJU, AGED ABOUT 60 YEARS, S/O HANUMANTHAPPA, R/O M.H.T. COMPLEX, VIDYANAGARA, SIRA TOWN - 572 137.

3. SRI NAWZABAIG, AGED ABOUT 36 YEARS, S/O S.J.GAFARSAB @ GAFARBAIG, MAJIANAGARA, SIRA TOWN - 572 137.

4. SRI MUDDUVEERAPPA, S/O LATE MUDDEGOWDA, R/O BEERANAHALLI, BADAMARANAHALLI POST, HULIKUNTE HOBLI, SIRA TALUK - 572 113.

5. SRI RAJANNA, S/O RANGANATHAPPA, AGED ABOUT 45 YEARS, RESIDING NEAR ANNAPOORNESHWARI TEMPLE, VIDYANAGAR, SIRA TOWN - 572 137.

…RESPONDENTS (BY SRI. M.S. RAJENDRA, ADVOCATE FOR SRI. VIVEK HOLLA, ADVOCATE FOR C/R1 TO R4)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS, ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 06.06.2023, PASSED BY THE LEARNED SINGLE JUDGE IN W.P No. 11133/2023 (SC-ST) IN THE INTEREST OF JUSTICE AND EQUITY.

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE C.M. POONACHA)

1. The State and its authorities have filed the present intra court appeal impugning the order dated 06.06.2023 passed in W.P.No.11133/2023 (SC-ST), whereunder the learned Single Judge has allowed the writ petition and set aside the orders passed by the Assistant Commissioner (appellant No.2) and the Deputy Commissioner (appellant no.3). The learned Single Judge has also directed the State (appellant No.1) to take suitable action against the Deputy Commissioner.

2. The relevant factual matrix in a nutshell leading to the present writ appeal are that an extent of 3 acres in Sy.No.98/5 of Kallukote Village, Kasaba Hobli, Sira Taluk, (subject property) was granted to one Chikkarangappa and saguvali chit dated 23.10.1975 was issued. One of the terms of the grant was that the grantee was required not to alienate the land for a period of 15 years. After expiry of the non-alienation period, the wife and son of the grantee (Chikkarangappa) executed a Sale Deed dated 15.12.1990 conveying the subject property in favour of C.Devaraju. The said C.Devaraju got converted a portion of the subject property i.e., an extent of 2 acres from agriculture to non-agricultural industrial purposes on 21.07.1992. The original Sy.No.98/5 was sub-divided as Sy.No.98/5A measuring 1 acre and Sy.No.98/5B measuring 2 acres 0.1 gunta. On 26.10.2006, the said C.Devaraju along with his son sold 2 acres 31 guntas of the subject property in favour of Smt. M.G.Tharareddy, Kum.G.Deepa and Kum.Roohi vide registered Sale deed dated 26.10.2006 (out of the said extent, 2 acres was converted and the remaining 31 guntas was agricultural land). The said M.G.Tharareddy, Kum.G.Deepa and Kum.Roohi sold 2 acres of the property purchased by them in favour of B.M.Muddaveerappa (respondent No.4/writ petitioner No.4), M.H.Thimmaraju (respondent No.2/writ petitioner No.2) and S.J.Gaffarbaig (father of respondent No.3/writ petitioner No.3) vide registered Sale Deed dated 27.04.2008; and the balance 31 guntas of agricultural land was sold in favour of M.R.Prasanna Kumar (respondent No.1/writ petitioner No.1) vide registered Sale deed dated 10.8.2009. Respondent No.1 filed an application seeking for conversion of 31 guntas of land in