The High Court of Karnataka dismissed a writ appeal questioning the Single Judge's dismissal of a petition seeking allotment of kharab land. The Court upheld the view that state agricultural land cannot be allotted to specific individuals to enhance their holdings, upholding Article 14 and Article 39.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF DECEMBER, 2021 PRESENT
THE HON’BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE AND
THE HON’BLE MR.JUSTICE SACHIN SHANKAR MAGADUM WRIT APPEAL NO.491 OF 2021 (KLR-REG)
BETWEEN:
PRESTIGE ESTATES PROJECTS LIMITED AN EXISTING COMPANY UNDER THE COMPANIES ACT, 2013 HAVING ITS OFFICE AT PRESTIGE FALCON TOWER NO.19, BRUNTON ROAD BENGALURU – 560 025 REP.BY ITS EXECUTIVE DIRETOR-LEGAL MR.T.ARVIND PAI ... APPELLANT (BY SRI P.K.SHRIKARA, ADVOCATE)
AND:
THE ADDITIONAL CHIEF SECRETARY REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA M.S.BUILDING BENGALURU- 560 001 ... RESPONDENT (BY SRI S.S.MAHENDRA, AGA)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET
ASIDE THE ORDER DATED 16.02.2021 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.3229/2021 AND ETC.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING THIS DAY, SACHIN SHANKAR MAGADUM J., DELIVERED THE FOLLOWING:
JUDGMENT
The captioned writ appeal is filed assailing the order dated 16.02.2021 passed by the learned Single Judge in WP.No.3229/2021.
respondents to consider the representation dated 27.11.2020 for allotting the kharab land in his favour.
his extent merely on the premise that the kharab lands are adjoining to the lands owned by the land owners.
Sd/CHIEF JUSTICE
Sd/JUDGE
LB
3 issues framed by the court
Whether kharab lands adjoining to privately owned agricultural land can be allotted for enhancement of holding by an individual.
Whether State property can be disposed of in favour of a particular individual violating Article 39 and Article 14 of the Constitution.
Whether the Single Judge's order dismissing the writ petition suffers from any infirmity or illegality.
3 provisions across 3 enactments
Prestige Estates Projects Limited
The Additional Chief Secretary Revenue Department Government of Karnataka
Ritu Raj Awasthi
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
