IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO.1221 OF 2023 (LA-KIADB)

BETWEEN:

1 . THE COMMISSIONER KARNATAKA HOUSING BOARD (KHB)

KAVERI BHAVAN BENGALURU-560 009

2 . THE SPECIAL LAND ACQUISTION OFFICER KARNATAKA HOUSING BOARD KAVERI BHAVAN BENGALURU-560 009 ...APPELLANTS (BY SRI. H.L. PRADEEP KUMAR, ADVOCATE)

AND:

1 . SMT. BYRAMMA AGED ABOUT 53 YEARS WIFE OF LATE KARAGAPPA

2 . SMT. RUDHRAMBIKA AGED ABOUT 34 YEARS D/O LATE SRI. KARAGAPPA

3 . SMT. GOWRI AGED ABOUT 32 YEARS D/O LATE SRI. KARAGAPPA

4 . SRI. RUDRESH K.

AGED ABOUT 30 YEARS SON OF LATE SRI. KARAGAPPA RESPONDENTS No.1 TO 4 ARE R/AT. KAKARAMANAHALLI BIDADI HOBLI RAMANAGARA TALUK-562 109

5 . THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560 001 REP. BY ITS PRINCIPAL SECRETARY ...RESPONDENTS (BY SRI. K.S. UDAY, ADVOCATE FOR R1 TO R4;

SMT. SAVITHRAMMA, AGA FOR R5)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO (a). CALL FOR RECORDS PERTAINING TO W.P. No. 3866/2021 (LA-KHB) (b). SET ASIDE THE IMPUGNED ORDER DATED 02.11.2022 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. No.3866/2021 (LA-KHB) AND ETC.

THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 03.03.2026 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT THIS DAY, ANU SIVARAMAN J., PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MS. JUSTICE TARA VITASTA GANJU

CAV JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

This writ appeal is preferred against the Order dated

02.11.2022, passed by the learned Single Judge in W.P.No.3866/2021 (LA-KHB).

2. We have heard Shri. H.L. Pradeep Kumar, learned counsel appearing for the appellants, Shri. K.S. Uday, learned counsel appearing for respondents No.1 to 4 and Smt. Savithramma, learned Additional Government Advocate appearing for respondent No.5.

3. After considering the contentions of the parties and relying on the judgments of this Court on the point, the learned Single Judge directed the appellants to pay compensation in respect of 28 guntas of 'A' kharab land in Sy.No.5, situated at Kakaramanahalli Village, Bidadi Hobli, Ramanagara Taluk.

4. The learned counsel appearing for the appellants submits that the land owner had accepted the compensation under a consent award in respect of the acquired land, without claiming any compensation for the kharab land. It is further contended that there is a clear indication that there was no grant of the kharab land in favour of the respondents. Relying on the Government Circulars of 2018 and 2025, the learned counsel appearing for the appellants seeks to contend that both 'A' and 'B' kharab lands are government lands and that no compensation is payable in respect of government lands to persons claiming to be in occupation of such lands.

5. Learned counsel appearing for the appellants has placed reliance on the following decisions:-

• State of Karnataka and Another v Sangappa Dyavappa Biradar and Others, reported in (2005) 4 SCC 264 • The Special Land Acquisition Officer and Another v. Lakshmanbabu Gayakwad and Others, reported in ILR 2006 KAR 4563 • The Special Land Acquisition Officer, Upper Krishna Project Bagalkot v. Sharanabasappa and Another, reported in ILR 2017 KAR 1003 and • A.K. Eramma w/o A.K. Siddappa and Others v. The State of Karnataka and Others, by Order dated 02.09.2013 passed in Writ Appeal Nos.31085-86/2013 (LA-RES)

6. The learned counsel appearing for the respondents, on the other hand, contends that the respondents are admittedly the registered occupants in respect of the kharab lands as well. It is contended that the acquisition notified was in respect of 8 acres and 24 guntas of land, out of which, 28 guntas were admittedly 'A' kharab lands. It is submitted that all the RTCs would clearly show that the respondents were in possession of 'A' kharab lands as part of their larger holding