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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2026
BEFORE THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO.39522 OF 2010 (SC-ST)
C/W
WRIT PETITION NO.50680 OF 2013(SC-ST)
IN W.P. NO.39522/2010
BETWEEN
1. SRI AMAVASAIAH
SINCE DEAD BY HIS LR
SRI A THIMMAIAH
AGED 58 YEARS,
R/O GADIKOPPA,
SHIMOGA TALUK.
2. SRI C KALLAPPA
SINCE DEAD BY LRs
a) SMT. RATHNAMMA
W/O LATE L. CHANDRAPPA
AGED ABOUT 50 YEARS
R/AT GADIKOPPA VILLAGE
SHIMOGA TALUK AND DISTRICT.
b) SRI L. JAYARAM
S/O B.G. LAKSHMAN
AGED ABOUT 45 YEARS
R/AT GADIKOPPA VILLAGE
SHIMOGA TALUK
SHIMOGA DISTRICT.
c) SRI RAJAIAH
S/O LATE HANUMAIAH
AGED ABOUT 56 YEARS
R/AT GADIKOPPA VILLAGE
SHIMOGA TALUK
SHIMOGA DISTRICT.
3. SMT NIRMALA
W/O MAHALINGA
AGED ABOUT 40 YEARS
R/AT MILLAGHATTA
SHIMOGA TOWN.
4. SRI H.D. SRINIVASA GOWDA
S/O DUGGAPPAGOWDA
AGED ABOUT 55 YEARS
R/AT MILLAGHATTA
SHIMOGA TOWN, SHIMOGA.
5. SRI E.P. SANNI
SINCE DEAD BY HIS LRS.
a) SMT. REENA SUNNY
W/O LATE E.P. SANNI
AGED ABOUT 59 YEARS
R/AT NO.750/5, VIJAYANAGAR
HINDALGA, BELGAUM
KARNATAKA – 591108.
b) SMITHA D SOUZA
D/O LATE E.P. SANNI
AGED ABOUT 40 YEARS
R/AT NO.202, KARASWADA
ASMAS ARCADE
TIVM LE, NORTH GOA
GOA – 403526.
c) SAUMYA SUNNY
D/O LATE E.P. SANNI
AGED ABOUT 37 YEARS
R/AT NO.549, VIJAYANAGAR
HINDALGA, BELGAUM
KARNATAKA – 591 108.
d) SAMSON S. EZHAMALY
S/O LATE E.P. SANNI
AGED ABOUT 32 YEARS
R/AT SHAIKH BUILDING
2ND CROSS, VIJAYANAGAR
HINDALGA, BELGAUM
KARNATAKA – 59110.
6. SRI HYDER SHARIFF
S/O ABDUL KHADER
AGED ABOUT 42 YEARS
R/O BHARATHI COLONY
SHIMOGA TOWN, SHIMOGA.
7. SMT K.M. BHARATHI
W/O K.N. MANJAPPA
AGED ABOUT 45 YEARS
R/O KUMBARAKERI
SHIMOGA TOWN, SHIMOGA.
8. SRI T.S. VENKATESH
S/O T.B. SIDDAPPA
AGED 50 YEARS
R/AT MILLAGHATTA
SHIMOGA TOWN, SHIMOGA.
9. SRI SYED SIRAJUDDIN
S/O SYED YOUSUFF
AGED ABOUT 55 YEARS
R/O MILLAGHATTA, SHIMOGA TOWN,
SHIMOGA.
...PETITIONERS
(BY SRI. K.N. NITISH., ADVOCATE FOR
SRI. K.V.NARASIMHAN., ADVOCATE)
AND
1. HOSURAPPA
S/O NAGAPPA
SINCE DEAD BY LRs
A) SMT. YELLAMMA
W/O LATE HOSURAPPA
AGED 60 YEAS.
B) SRI H. NAGESHAPPA
S/O LATE HOSURAPPA
AGED ABOUT 38 YEARS.
C) SMT. LAKSHMAMMA
D/O LATE HOSURAPPA
AGED ABOUT 40 YEARS.
D) SMT. SAVITHRI
D/O LATE HOSURAPPA
AGED ABOUT 36 YEARS.
E) SMT. SHEELA
D/O LATE HOSURAPPA
AGED ABOUT 30 YEARS.
ALL ARE R/O GOPALA
RANGANATH EXTENSION
SHIMOGA TOWN, SHIMOGA DISTRICT.
2. THE ASSISTANT COMMISSONER
SHIMOGA SUB-DIVISION
SHIMOGA.
3. THE DEPUTY COMMISSONER
SHIMOGA DISTRICT, SHIMOGA.
4. THE COMMISSIONER
SHIMOGA URBAN DEVELOPMENT
AUTHORITY, SHIMOGA.
…RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP., FOR R2 & R3
SRI S.V. PRAKASH, ADVOCATE, FOR R1A TO R1E
SRI A.V. GANGADHARAPPA, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDERS AT ANNEXURE J DATED 3.4.2007 PASSED BY THE
RESPONDENTS NO.2, AND ANNEXURE K, DATED 28.10.2010
PASSED BY THE RESPONDENT NO.3 AND GRANT AN
INTERIM ORDER TO STAY THE OPERATION OF THE ORDERS
AT ANNEXURES-J, DATED 3.4.2007 PASSED BY THE
RESPONDENTS NO2, AND ANNEXURE K, DATED 28.10.2010
PASSED BY THE RESPONDENT NO.3, IN CASE NO.
SC/ST/1/2007-08 AND SC/ST/4/2007-08 AND ETC.
IN W.P. NO. 50680/2013
BETWEEN
SHIMOGA URBAN DEVELOPMENT AUTHORITY
SHIMOGA, REP. BY ITS COMMISSIONER
COMMERCIAL COMPLEX, 100 FEET ROAD
VINOBA NAGAR, SHIMOGA – 577 204.
...PETITIONER
(SRI A.V. GANGADHARAPPA, ADVOCATE)
AND
1. THE DEPUTY COMMISSIONER
SHIMOGA DISTRICT
SHIMOGA – 577 201.
2. THE ASSISTANT COMMISSIONER
SHIMOGA SUB DIVISION
SHIMOGA - 577 201.
3. AMAVASAIAH S/O GUJJARAIAH
SINCE DEAD BY LEGAL REPRESENTATIVE
SMT THIMMAMMA
W/O LATE AMAVASAIAH
AGED ABOUT 70 YEARS
R/O MILLAGHATTA
SHIMOGA TALUK AND
DISTRICT – 577 201.
(RESPONDENT NO.3 IS DELETED
VIDE ORDER DATED 26/08/2015)
4. THIMMAIAH
S/O LATE AMAVASAIAH
AGED ABOUT 47 YEARS
C/O H RAJANNA
R/A NO.E-135, 2ND CROSS
GOPALAGOWDA LAYOUT
SHIMOGA – 577 201.
5. SMT YELLAMMA
W/O LATE HOSURAPPA
AGED ABOUT 68 YEARS.
6. H NAGESHAPPA
S/O LATE HOSURAPPA
AGED ABOUT 45 YEARS.
RESPONDENTS NO.5 AND 6
ARE RESIDING
BEHIND SHANIDEVARA TEMPLE
KORAMARA BEEDHI, GOPALA
SHIMOGA TOWN -577 201.
7. SMT LAKSHMAMMA
D/O LATE HOSURAPPA
AGED ABOUT 48 YEARS.
8. SMT SAVITHRI
D/O LATE HOSURAPPA
AGED ABOUT 44 YEARS.
9. SMT SHEELA
D/O LATE HOSURAPPA
AGED ABOUT 42 YEARS.
RESPONDENTS NO.7 TO 9
ARE RESIDING
OPPOSITE TO PADMA TALKIES
KORAMARA KERI, GOPALA
SHIMOGA TOWN – 577 201.
10. KALLAPPA
S/O LATE GUJJARAIAH
SINCE DEAD BY LRs.
10(A) SMT. RATHNAMMA
W/O LATE L. CHANDRAPPA
AGED ABOUT 50 YEARS
RESIDING AT GADIKOPPA
VILLAGE, SHIMOGA TALUK
SHIMOGA DISTRICT.
10(B) L. JAYARAM
S/O B.G. LAKSHMAN
AGED ABOUT 45 YEARS
RESIDING AT GADIKOPPA VILLAGE
SHIMOGA TALUK
SHIMOGA DISTRICT.
10(C) SRI RAJAIAH
S/O LATE HANUMAIAH
AGED ABOUT 56 YEARS
RESIDING AT GADIKOPPA VILLAGE
SHIMOGA TALUK
SHIMOGA DISTRICT.
…RESPONDENTS
(BY SRI SHAMANTH NAIK, HCGP FOR R1 & R2
R3 DELETED V/O/D.26.08.15
R4 SERVED - UNREPRESENTED
SRI S.V. PRAKASH, ADVOCATE FOR R5 TO R9
SRI. K.N. NITISH., ADVOCATE FOR
SRI. K.V.NARASIMHAN., ADVOCATE FOR R10(A) TO
R10(C))
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE RECORDS QUASH THE ORDER DT.3/4/2007 PASSED BY
THE R-2 VIDE ANNX-E AND THE ORDER DT.28.10.10
PASSED BY THE R-1 VIDE ANNX-F RESPECTIVELY IN SO FAR
AS THEY RELATE TO THE DIRECTION FOR PAYMENT OF
COMPENSATION IS CONCERNED AND ETC.
THESE WRIT PETITIONS HAVING BEEN HEARD AND
RESERVED ON 09.04.2026 AND COMING ON FOR
PRONOUNCEMENT OF ORDERS, THIS DAY, THIS COURT
MADE THE FOLLOWING:
CORAM: HON'BLE MR JUSTICE R DEVDAS
CAV COMMON ORDER
(PER: HON'BLE MR JUSTICE R DEVDAS)
These two writ petitions are filed in respect of the impugned orders passed by the respondent-Assistant Commissioner, Shivamogga Sub-Division and the Deputy Commissioner, Shivamogga District. Therefore, these two writ petitions were clubbed, heard together and are being disposed of by this common order.
Brief facts which are germane for consideration of these writ petitions are that 3 Acres 19 Guntas of land in Sy.No.88 of Gadikoppa village, Shivamogga Taluk and District were granted in favour of one Sri.Nagappa in the year 1952. Saguvali Chit was issued in favour of Sri.Nagappa on 09.01.1953. Part of the land measuring 1 Acre 29 ½ Guntas were sold by Smt. Yallamma, wife of Sri.Nagappa in favour of the 1st petitioner - Sri.Amavasaiah on 27.09.1967. The remaining extent of 1 Acre and 29 ½ Guntas were sold by Smt.Yallamma in favour of the 2nd petitioner – Sri.Kallappa on 26.11.1967. It should be noticed here that during the course of these proceedings, petitioners No.1 and 2 died and their legal representatives have been brought on record. Respondent No.1, Sri.Hosurappa, the son of the original grantee Sri.Nagappa, filed a petition before the Assistant Commissioner on 01.02.1989, invoking Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short, ‘the PTCL Act’). The petition was allowed on 28.03.1989, while directing resumption and restoration of the lands in favour of the legal heirs of the original grantee. Aggrieved by the said order, petitioners No.1 and 2 filed an appeal before the Deputy Commissioner. In the meanwhile, part of the lands were notified for acquisition at the hands of the 4th respondent-Shivamogga Urban Development Authority (which has also filed the connected writ petition in W.P.No.50680/2013). The Deputy Commissioner allowed the appeals and set aside the orders passed by the Assistant Commissioner. Aggrieved by the order, the contesting respondent No.1 herein filed W.P.No.14550/1992. This Court held that the Assistant Commissioner was required to find out whether the land was granted for upset price or a price lesser than the upset price or whether it was a free grant. The Assistant Commissioner was required to state the rule applicable, having regard to the date of the grant and the nature of the grant. This Court found that there were contradictory opinions in this regard at the hands of the Assistant Commissioner and the Deputy Commissioner. Therefore, the writ petition was allowed while quashing the orders passed by the Assistant Commissioner as well as the Deputy Commissioner and the matter was remanded back to the Assistant Commissioner for fresh consideration.
On remand, the Assistant Commissioner recorded a finding that as per the grant records, the lands were granted in favour of Sri.Nagappa on 17.07.1952 in terms of order bearing No.DSA 4 DD 48/1951-52 and Saguvali Chit was issued on 09.01.1953. It was found that the land was granted freely and therefore, the non-alienation clause applicable was 15 years. However, the Assistant Commissioner was of the opinion that commencing from 17.07.1952, the date on which the grant was made, 15 years would elapse on 16.07.1967 and the sale transactions happened on 27.09.1967 and 26.11.1967 and therefore, the provisions of the PTCL were not attracted in the present case. Accordingly, the petition filed by respondent No.1 was dismissed. In appeal, the Deputy Commissioner upheld the orders of the Assistant Commissioner. Respondent No.1 filed writ petition No.22094/1998 and this Court found that the relevant rule applicable as on the date of the grant viz., 17.07.1952 was sub-rule(8) of Rule 43 of the Mysore Land Revenue Rules, framed under Section 233 of the Mysore Land Revenue Code and according to the said Rule, the period of non-alienation was forever and therefore, on facts, it was found that th
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