Writ petition filed seeking permanent grant of leased land to a school managing committee. Court held lease has expired and petitioner has no right to cling to land without lawful extension or grant, thus dismissed petition.
Prayer for direction to grant land and issue grant certificate dismissed.
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.
NC: 2024:KHC:47188 WP No. 17721 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.17721 OF 2024 (KLR-LG)
BETWEEN:
SIDDAPURA HIGH SCHOOL MANAGING COMMITTEE SIDDAPURA, VIRAJPET TALUK KODAGU DISTRICT-571 253 REPRESENTED BY SRI P.C. KUSHALAPPA.
…PETITIONER
(BY SRI M. RAJASHEKAR, ADVOCATE)
AND:
Digitally signed by CHAITHANYA K Location: High Court of Karnataka
NC: 2024:KHC:47188 WP No. 17721 of 2024
…RESPONDENTS
(BY SMT. B.P. RADHA, AGA)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO TAKE NECESSARY ACTION FOR GRANTING THE LAND IN QUESTION I.E. THE LAND MEASURING 04-30 (FOUR ACRE 30 GUNTAS) IN SY.NO.101, SITUATED AT GUYYA VILLAGE, AMMATTI HOBLI, VIRAJPET TALUK, KODAGU DISTRICT, IN FAVOUR OF THE PETITIONER, ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
4.30 acres of paisary land in Sy.No.101 of Guyya Village in
favour of the petitioner. The said lease was for a period of 30 years. However, thereafter, the State did not disturb
the possession of the petitioner and petitioner has constructed school buildings on the said land. After expiry of the lease, the petitioner has made representations to the Authorities concerned for permanent grant of the land in their favour. However, the State has chosen to lease the said land in favour of third party. Aggrieved by the same, the present writ petition is filed with the following prayers:
"WHEREFORE, the Petitioner prays that this Hon'ble Court be pleased to allow this Writ petition and issue:
and circumstances of the case including that of the costs on such terms and conditions that this Hon'ble court deems fit, in the interest of Justice."
by the State and the prayers made by the petitioner
NC: 2024:KHC:47188 WP No. 17721 of 2024
cannot be granted by this Court. Hence, the writ petition is hereby dismissed subject to the aforementioned
observations.
Sd/(M.I.ARUN) JUDGE
VMB
List No.: 1 Sl No.: 6
1 issue framed by the court
Whether the High Court can direct the State to grant permanent title of leased land to the school managing committee after lease expiry.
The President Siddapura High School Managing Committee Siddapura
The State of Karnataka
The Deputy Commissioner Coorg District
The Divisional Forest Officer Hunsur Division
The Assistant Commissioner Mercara
The Tahsildar Virajpet Taluk
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
