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Sri Govinda Naik, v. the State of Karnataka

Karnataka HC2 Dec 2025WA/588/2023

Case brief

AI extract

What is this about?

Karnataka High Court Division Bench, W.A. No.588/2023 (KLR-RES), decided 02-12-2025; Coram: Anu Sivaraman and Vijaykumar A. Patil JJ., oral judgment per Vijaykumar A. Patil J. Keywords: Ashraya Scheme layout; Sy.No.152, T. Bekuppe Village, Kasaba Hobli, Kanakapura Taluk, Ramanagara; joint survey dated 06.11.2025; mahazar and survey sketch; land grant; apprehension of dispossession; excess land possession by Authorities; Section 4, Karnataka High Court Act, 1961; writ appeal disposed with no costs.

What did the court decide?

Appeal disposed of with clarificatory observations: the Ashraya Scheme layout is away from the lands in the appellants' occupation; the Authorities retain liberty to take possession of any excess land in accordance with law; no order as to costs. ¶74

Sri Govinda Naik, Vs the State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the formation of the layout for the Ashraya Scheme (to the extent of 6 acres 30 guntas in Sy.No.152) would encroach upon the lands allotted/granted to the appellants and result in their dispossession.

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Court's answer

On the joint survey sketch and connected materials, the respondents intend to form the Ashraya Scheme layout in markings A, B, C, D, E and F (yellow colour), while the lands granted to the appellants are shown in a different colour away from the proposed layout; consequently, the question of the appellants being dispossessed from their existing occupation would not arise.

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Ratio / Principle

The appellants' apprehension that the allotment of lands for the Ashraya Scheme and forming of the layout would come into their lands is unfounded and without any basis.

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Key takeaways

Accepting the memo and the joint survey, the Court made it clear that the formation of the Ashraya Scheme is away from the lands which are in occupation of the appellants.ratio¶68
If the appellants are in occupation of land in excess of the granted land, the Authorities are at liberty to take possession of the excess land in accordance with law.ratio¶68

Detailed headnote1 paragraphs

Writ appeal under Section 4 of the Karnataka High Court Act, 1961 against the learned Single Judge's order dated 24.02.2023 in W.P.No.26073/2022, wherein the appellants (grantees of land in Sy.No.152, T. Bekuppe Village, Kasaba Hobli, Kanakapura Taluk) feared that the Ashraya Scheme layout (6 acres 30 guntas) would engulf their granted lands. On the Division Bench's direction (order dated 17.10.2025), a joint survey was conducted on 06.11.2025 in the appellants' presence, and the sketch, mahazar and photographs (memo dated 18.11.2025) showed the proposed layout (markings A to F, yellow colour) lying in lands different from and away from the appellants' granted lands. The Court held the apprehension of dispossession unfounded, accepted the memo and joint survey, clarified that the Scheme formation is away from the appellants' occupation, and preserved the Authorities' liberty to take possession of any land held in excess of the grant in accordance with law. Appeal disposed of; no costs.

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NC: 2025:KHC:50558-DB W.A. No.588/2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2^ND DAY OF DECEMBER, 2025

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PRESENT

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THE HON'BLE MRS. JUSTICE ANU SIVARAMAN

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AND

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.588/2023 (KLR-RES)

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BETWEEN:

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SRI. GOVINDA NAIK AGED 85 YEARS S/O SOMA NAIK.

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Digitally signed by ARSHIFA BAHAR KHANAM

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Location: High Court Of Karnataka

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SRI. MANJUNATHA C.R. AGED 33 YEARS S/O LATE RANJU NAIK.

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SRI. RAVI NAIK AGED 33 YEARS S/O VENKATESH NAIK.

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SRI. GOVINDA NAIK AGED 55 YEARS S/O RAMJI NAIK.

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SRI. KRISHNA NAIK AGED 40 YEARS S/O LATE NARASIMHA NAIK.

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APPELLANTS 1 TO 5 ARE R/O. CHOWKASANDRA VILLAGE KASABA HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT-562159.

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…APPELLANTS

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(BY SRI. A. RAVISHANKAR, ADV.,)

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HC-KAR

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AND:

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THE STATE OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDHA, BANGALORE-560001 REP. BY ITS SECRETARY.

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THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGARA-562159.

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THE ASSISTANT COMMISSIONER RAMANAGARA SUB DIVISION RAMANAGARA DISTRICT-562159.

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THE TAHSILDAR KANAKAPURA TALUK RAMANAGARA DISTRICT-562159.

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THE CHIEF EXECUTIVE OFFICER RAMANAGARA DISTRICT RAMANAGARA-562159.

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THE EXECUTIVE OFFICER TALUK PANCHAYATH KANAKAPURA TALUK KANAKAPURA-562101.

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THE ASSISTANT DIRECTOR OF LAND RECORDS AND SURVEY RAMANAGARA, RAMANAGARA DISTRICT-562101.

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THE PANCHAYATH DEVELOPMENT OFFICER T. BEKUPPE VILLAGE, PANCHAYATH KANAKAPURA TALUK RAMANAGARD DISTRICT-562159.

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…RESPONDENTS

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(BY SMT. MAMATHA SHETTY, AGA FOR R1 TO R4 & R7 V/O/DTD:04.07.2023, SERVICE OF NOTICE TO R5, R6 & R8 IS DISPENSED WITH)

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HC-KAR

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED IN WP 26073/2022 BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT DATED 24/02/2023, AND ALLOW WP 26073/2022 FILED BY THE APPELLANTS & ETC.

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

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CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL)

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This intra Court appeal is filed under Section 4 of the

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Karnataka High Court Act, 1961, challenging the order dated 24.02.2023 passed in W.P.No.26073/2022 (KLRRES).

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Sri.A.Ravishankar, learned counsel appearing

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for the appellants submits that the appellants have filed a writ petition seeking to set aside the notification issued by the respondent No.1 dated 19.09.2016, communications dated 19.09.2016 and 20.09.2016 and memorandum issued by the respondent No.2 dated 06.10.2016 on the

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HC-KAR

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ground that the appellants were granted land to the extent of 2 acres each in Sy.No.152 and in the said survey number where the appellants are in occupation, the Authorities intend to form a layout for allotment of sites under the Ashraya Scheme. It is submitted that the learned Single Judge, based on the sketch produced before the Court disposed of the writ petition holding that the petitioners may be rest assured that in terms of the survey sketch produced by the revenue authorities along with the memo dated 24.02.2023, only such portion of the Government lands which remains without being granted to other person, is being utilized to an extent of 6 acres 30 guntas for the purpose of Ashraya Scheme. It is submitted that contrary to the said assurance, the Authorities intend to form the layout in the lands allotted to the appellants.

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Per contra , Smt.Mamatha Shetty, learned Additional Government Advocate for the respondent Nos.1 to 4 and 7 supports the order of the learned Single Judge

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HC-KAR

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and submits that pursuant to the direction of this Court dated 17.10.2025, a joint survey has been conducted in the presence of all the appellants and a survey sketch is produced. The said survey sketch clearly indicates that the formation of layout for the Ashraya Scheme is in different lands than the lands claimed by the appellants. Hence, she seeks to dismiss the appeal.

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We have heard the learned counsel for the appellants, learned Additional Government Advocate for the respondent Nos.1 to 4 and 7 and meticulously perused the material available on record. We have given our anxious consideration to the submissions advanced on both the sides.

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The primary contention of the appellants before

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the learned Single Judge as well as in this appeal is that the respondent-Authorities are taking steps for formation of Ashraya Scheme to the extent of 6 acres 30 guntas in the lands allotted / granted to the appellants. The learned

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HC-KAR

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Single Judge disposed of the writ petition with these observations at paragraphs 3 and 4 of the order of the learned Single Judge reads as under:

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"3. Learned HCGP has today filed a memo along with survey sketch and other documents to show that the total extent of land in Sy.No.152 is 80 acres and 2 guntas. Learned HCGP has pointed out to the Survey sketch which shows the new survey numbers assigned to the lands granted to various persons including Sy.Nos.225, 226 belonging to the petitioners. Learned HCGP submits that the pink coloured portion marked in the survey sketch shows 6 acres and 30 guntas of land in Sy.No.152 which is now sought to be earmarked for the purpose of Ashraya Scheme. Learned HCGP submits that no portion of the lands already granted to various persons including the petitioners is said to be utilized for the said purpose.

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4. In that view of the matter, this Court finds that the petitioners have rushed to this Court without ascertaining the proper facts. The petitioners may be rest assured that in terms of the survey sketch produced by the revenue authorities along with the memo dated 24.02.2023, only such portion of the Government lands which remains without being granted to any other person, is being

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HC-KAR

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utilized to an extent of 6 acres and 30 guntas for the purpose of Ashraya Scheme. No portion of the property belonging to the petitioners will be utilized by the revenue authorities for the said purpose."

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The appellants, not being satisfied with the

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observations of the learned Single Judge have filed this appeal expressing similar apprehension that the Authorities though stated before the learned Single Judge that the layout for the Ashraya Scheme is formed in the remaining extent of the lands in Sy.No.152, however, they are actually forming the layout in the lands allotted to the appellants. This Court, vide order dated 17.10.2025 recorded that the dispute appears mainly with regard to the identification of the lands granted to the appellants in Sy.No.152 of T.Bekuppe Village, Kasaba Hobli, Kanakapura Taluk, and directed to conduct a joint survey. The respondents conducted a joint survey as ordered in the presence of the appellants on 06.11.2025. The sketch of the joint survey, mahazar drawn during the joint survey and the photographs are produced along with a memo

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HC-KAR

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dated 18.11.2025. A perusal of the joint survey sketch and other materials clearly indicate that the respondents intend to form the layout for the Ashraya Scheme in the markings shown as A, B, C, D, E and F of yellow colour of the sketch and the lands granted to the appellants are shown in different colour which are away from the proposed layout to be formed by the respondentAuthorities. In view of the same, the question of the appellants being dispossessed from their existing occupation would not arise.

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Hence, we are of the considered view that the

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apprehension of the appellants that the allotment of the lands for the Ashraya Scheme and forming of the layout would come into their lands, is unfounded and without any basis. Accepting the memo and the joint survey, we make it clear that the formation of the Ashraya Scheme is away from the lands which are in occupation of the appellants. It is made clear that if the appellants are in excess of land than the granted land, then the Authorities are at liberty

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HC-KAR

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to take possession of the excess land in accordance with

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law.

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With the above observations, the appeal is disposed

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