Sri Basavarajappa Vs the Tahsildar — Karnataka HC (2025) — LawSathi Research

Sri Basavarajappa Vs the Tahsildar — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None; both writ appeals dismissed — no interference with the impugned judgment and order of the learned Single Judge dated 21.04.2025, leaving intact the 10-gunta grant to late Basavarajappa and rejection of the claim to 1 acre 20 guntas.

Issue for consideration

Whether the appellants (legal heirs of late Basavarajappa) are entitled to 1 acre 20 guntas of land in Sy.No.44 of Malali village, Honnali Taluk, Davanagere District, as claimed, or are confined to the 10 guntas found in their predecessor's possession and granted to him. +2 more

Court's answer

The concurrent findings of the three revenue authorities and the learned Single Judge that the appellant was in possession of only 10 guntas are findings of fact which the Division Bench finds no reason to disturb.

Ratio / Principle

Entries in the revenue records do not confer title; the appellant's claim over 1 acre 20 guntas is not supported by any government grant or other record except revenue entries, and long possession would at best amount to adverse possession, which is not maintainable against government land.

Key takeaways

The appellant having no right, title or interest over the disputed extent (described in the judgment as 1 acre 10 guntas), he cannot challenge the land granted in favour of A.G. Siddaramappa as illegal.ratio¶¶114

Detailed headnote1 paragraphs

Karnataka High Court (Division Bench, D K Singh and Rajesh Rai K, JJ.) — Writ appeals under Section 4 of the Karnataka High Court Act (KLR-LG) concerning 3 acres in Sy.No.44 of Malali village, Honnali Taluk, Davanagere District, originally granted on 31.05.1983 to A.G. Siddaramappa, whose land was submerged in the Shanthisagar Tank; the grant was cancelled on 07.10.1985 on the challenge of late Basavarajappa and late Kariyappa. After successive remands, the Tahsildar granted 1 acre 20 gunatas to late Kariyappa; the Assistant Commissioner (10.09.2001), Deputy Commissioner (13.11.2002) and Karnataka Appellate Tribunal concurrently confirmed that grant, recorded that late Basavarajappa was in possession of only 10 guntas, and granted him only that extent. Held, dismissing the appeals: (i) the concurrent findings of fact of the three authorities and the learned Single Judge (judgment dated 21.04.2025) that the appellant possessed only 10 guntas call for no disturbance; (ii) entries in the revenue records confer no title, the claim to 1 acre 20 guntas rests on no government grant or record, and prolonged possession would at best be adverse possession, which is not maintainable against government land; (iii) a party without right, title or interest over the disputed extent cannot challenge the validity of the grant in favour of A.G. Siddaramappa. No monetary relief involved.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF OCTOBER, 2025

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 765 OF 2025 (KLR-LG)

C/W

WRIT APPEAL NO. 1016 OF 2025 (KLR-LG)

IN WA No. 765/2025

BETWEEN:

SRI BASAVARAJAPPA S/O.KARIBASAPPA SINCE DECEASED BY HIS LRS

1(A) SMT.BANDAMMA

W/O.LATE BASAVARAJAPPA AGED 69 YEARS

Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

NO.151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HOBLI, HONNALI TALUK DAVANGERE DIST-577 216.

1(B) SRI MALLIKARJUNA S/O.LATE BASAVARAJAPPA AGED ABOUT 51 YEARS

R/AT NO.151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HBLI, HONNALI TALUK DAVANGERE DIST-577 216

1(C) SMT SUNITHA G.B. W/O.SATHISHAPPA,

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AGED ABOUT 47 YEARS, R/AT SYDERAKALLAHALLI VILLAGE SYDARA KALLAHALLI POST' BHADRAVATHI TALUK SHIMOGA DIST-577 243

1(D) SRI RUDRESHA S/O LATE BASAVARAJAPPA AGED ABOUT 49 YEARS R/AT NO.151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HOBLI, HONNALI TALUK DAVANGERE DIST.-577 216.

1(E) SMT.RAJESHWARI W/O.RAMESHAPPA AGED 42 YEARS, R/AT AREHALLI VILLAGE, BASAVANAHALLI POST NYAMATHI TALUK DAVANGERE DIST.-577 216.

…APPELLANTS

(BY SRI. A. NAGARAJAPPA, ADVOCATE)

AND:

THE TAHSILDAR TALUK OFFICE, HONNALI TALUK DAVANGERE DISTRICT

THE ASSISTANT COMMISSIONER DAVANGERE SUB-DIVISION DAVANGERE CITY DAVANGERE-577 001.

THE DEPUTY COMMISSIONER DAVANGERE DISTRICT DAVANGERE-577 001.

THE STATE OF KARNATAKA BY ITS SECRETARY TO THE

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DEPARTMENT OF REVENUE VIDHANA VEEDHI BANGALORE-560 001.

SRI ASHWATHKUMAR S/O.SIDDAMAPPA AGED ABOUT 57 YEARS HALE MALALI VILLAGE HONNALI TALUK, DAVANGERE DISTRICT DAVANGERE-577 217.

SMT.GIRIJAMMA W/O.LATE KARIYAPPA AGED ABOUT 82 YEARS HOSAMALALI VILLAGE, GOVINKOVI HOBLI HADONAHALLI POST, HONNALI POST, HONNALI TALUK DAVANGERE DIST.-577 216

SRI SURESH S/O.LATE KARIYAPPA AGED ABOUT 66 YEARS R/AT HOUSE NO.181/0, DEEPAK NIVAS, KONONDASPURA PRERANA HIGH SCHOOL ROAD DEEPAK NAGAR POST BENGALURU-560 049.

SMT KARIBASAMMA W/O HANUMANTHAPPA AGED ABOUT 57 YEARS BHANUVALLI VILLAGE AND POST HARIHARA TALUK DAVANGERE DIST.-577 516.

SMT.KAVITHA W/O RAMESHAPPA AGED ABOUT 47 YEARS

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MANGOTE VILLAGE SANYASI KODAMAGEE POST BHADRAVATHI TALUK

SHIVAMOGGA DIST-577 243.

…RESPONDENTS

(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1-R4, SRI. G. LAKSHMEESH RAO, ADVOCATE FOR R5, SRI. PRABHAKAR L SHETTY, ADVOCATE FOR R7 TO R9 R6-SERVED, UNREPRESENTED)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE IN WP No. 19755/2013 DATED 21.04.2025, IN THE INTEREST OF JUSTICE AND EQUITY.

IN WA NO. 1016/2025

BETWEEN:

SRI BASAVARAJAPPA S/O.KARIBASAPPA SINCE DECEASED BY HIS LRS

1(A) SMT.BANDAMMA W/O.LATE BASAVARAJAPPA AGED 57 YEARS

NO.151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HOBLI, HONNALI TALUK DAVAGERE DIST-577 216.

1(B) SRI MALLIKARJUNA S/O.LATE BASAVARAJAPPA AGED ABOUT 51 YEARS R/AT NO.151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST G OVINAKERE HBLI, HONNALI TALUK DAVANGERE DIST-577 216.

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1(C) SMT SUNITHA G.B. W/O.SATHISHAPPA, AGED ABOUT 47 YEARS, R/AT SYDERAKALLAHALLI VILLAGE S YDARA KALLAHALLI POST' BHADRAVATHI TALUK SHIMOGA DIST-577 243

1(D) SRI RUDRESHA S/O LATE BASAVARAJAPPA AGED ABOUT 49 YEARS R/AT NO.151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HOBLI, HONNALI TALUK DAVANGERE DIST.-577 216.

1(E) SMT.RAJESHWARI W/O.RAMESHAPPA AGED 42 YEARS, R/AT AREHALLI VILLAGE, BASAVANAHALLI POST NYAMATHI TALUK DAVANGERE DIST.-577 216.

...APPELLANTS

(BY SRI. A. NAGARAJAPPA, ADVOCATE)

AND:

THE DEPUTY COMMISSIONER DAVANGERE DISTRICT DAVANGERE-577 001.

THE ASSISTANT COMMISSIONER DAVANGERE SUB-DIVISION DAVANGERE CITY DAVANGERE-577 001.

THE TAHSILDAR TALUK OFFICE, HONNALI TALUK DAVANGERE DISTRICT

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SRI ASHWATHKUMAR S/O SIDDAMAPPA AGED ABOUT 57 YEARS HALE MALALI VILLAGE HONNALI TALUK, DAVANGERE DISTRICT DAVANGERE5-77 217.

KARIYAPPA SINCE DECEASED BY LRS

5(A) SMT.GIRIJAMMA W/O.LATE KARIYAPPA AGED ABOUT 82 YEARS HOSAMALALI VILLAGE GOVINKOVI HOBLI HADONAHALLI POST, HONNALI POST, HONNALI TALUK DAVANGERE DIST.-577216.

5(B) SRI SURESH S/O.LATE KARIYAPPA AGED ABOUT 66 YEARS R/AT HOUSE NO.181/0, DEEPAK NIVAS, KONONDASPURA PRERANA HIGH SCHOOL ROAD DEEPAK NAGAR POST BENGALURU-560 049.

5(C) SMT KARIBASAMMA W/O HANUMANTHAPPA AGED ABOUT 57 YEARS BHANUVALLI VILLAGE AND POST HARIHARA TALUK DAVANGERE DIST.-577 516

5(D) SMT.KAVITHA W/O RAMESHAPPA AGED ABOUT 47 YEARS MANGOTE VILLAGE

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SANYASI KODAMAGEE POST BHADRAVATHI TALUK SHIVAMOGGA DIST-577 243

...RESPONDENTS

(BY SRI. M.N. SUDEV HEGDE, AGA FOR R1-R3, SRI. G. LAKSHMEESH RAO, ADVOCATE FOR R4, SRI. PRABHAKAR L SHETTY, ADVOCATE FOR R5(B,C,D))

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE IN WP No-48032/2012 GRANTING LANDS ONLY 0.10 GUNTAS IN SURVEY No-44 MALALI VILLAGE INSTEAD OF 1 ACRES 20 GUNTAS AND ALLOW THIS APPEAL IN THE INSTEAD OF JUSTICE AND EQUITY.

THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH

and HON'BLE MR. JUSTICE RAJESH RAI K

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present appeals have been filed by the legal

heirs of the late Basavarajappa.

The dispute relates to 3 acres of land in

Sy.No.44 of Malali village, Honnali Taluk, Davanagere District. On 12.11.1982, the Land Grant Committee has recommended to grant 3 acres of land to one

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A.G. Sidaramappa on the ground that he had lost his land

due to submersion in Shanthisagar Tank. On 31.05.1983, pursuant to the enquiry, the aforesaid 3 acres of land was granted in favour of A.G.Siddaramappa. However, on 07.10.1985, the grant made in favour of A.G. Siddaramappa was cancelled on challenge made to the grant by late Basavarajappa and late Kariyappa. The said order of cancellation was also confirmed by the Deputy Commissioner.

The Karnataka Appellate Tribunal set aside the order passed by the Deputy Commissioner and remanded the matter back to the Assistant Commissioner.

On remand, the Assistant Commissioner by the

order dated 05.03.1991 rejected the claim made by A.G. Siddaramappa and the said order came to be confirmed by the Deputy Commissioner on 05.06.1997. Aggrieved by the aforesaid two orders passed by the Assistant Commissioner and Deputy Commissioner,

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Mr. A.G. Siddaramppa filed Writ Petition No.23104/1997,

which stood allowed by the learned Single Judge by judgment dated 26.08.1997.

After the learned Single Judge allowed the writ petition, the Assistant Commissioner remanded the matter back to the Tahsildar and on remand, the Tahsildar rejected the claim of A.G.Siddaramppa and granted 1 acre 20 gunats of the aforesaid land in favour of late Kariyappa. The said order was challenged by A.G. Siddarammappa and the present appellant late Basavarajappa, predecessor-in-interest of the appellant before the Assistant Commissioner. The Assistant Commissioner, by order dated 10.09.2001, confirmed the grant of 1 acre 20 guntas of land in favour of late Kariyappa. The Assistant Commissioner also recorded that the late Basavarajappa is in possession of only 10 guntas of land and therefore the Assistant Commissioner proceeded to grant only an extent of 10 guntas of land in favour of late Basavarajppa. Being aggrieved by the said order passed by the Assistant

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Commissioner, A.G.Siddaramappa, as well as

Basavarajappa preferred appeals before the Deputy Commissioner and the Deputy Commissioner had dismissed the appeals by order dated 13.11.2002. The revision preferred by A.G.Siddaramappa and

Basavarajappa also came to be dismissed by the Karnataka Appellate Tribunal.

Challenging the said order passed by the Assistant Commissioner, Deputy Commissioner and Karnataka Appellate Tribunal, A.G.Siddaramappa and Basavarajappa had filed writ petition, which stood allow by the learned Single Judge by judgment dated 21.04.2025.

The appellant's claim that he was in possession of 1 acre 20 guntas of land has not been found favoured by three authorities on concurrent finding of fact that given by the learned Single Judge. Even otherwise the Appellant's claim of right over 1 acre 20 guntas is not supported by any grant made by the government or any

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other record, except for some entries made in the revenue

records. It is well settled that the entries made in the revenue record do not confront title over the land. The appellant claims that the appellant was in possession of the land of 1 acre 20 guntas for fairly long time would not vest in him any right, title and interest inasmuch as his best claim is of adverse possession and it is well settled that no plea of adverse possession is maintainable against the government land. The Assistant Commissioner on spot inspection has found that only 10 guntas of land was in possession of the appellant.

We find no reason to disturb such finding of fact which has been confirmed by the three authorities and by the learned Single Judge. When the appellant does not have any right, title, interest over the land of 1 acre 10 guntas, he cannot challenge that the land granted in favour of A.G.Siddaramappa as illegal. He is concerned with the interest over the land and that has not found favoured by the three authorities and the learned Single

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Judge on facts. We find no reason to interfere with the impugned judgment and order passed by the learned

Single Judge and therefore, we dismiss these appeals.

SD/(D K SINGH) JUDGE

SD/(RAJESH RAI K) JUDGE

CR/List No.: 1 Sl No.: 0

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment of the learned Single Judge dated 21.04.2025 allowing the writ petitions filed by A.G. Siddaramappa and the appellants' predecessor (WP No. 19755/2013 per the WA No. 765/2025 cause title; WP No. 48032/2012 per the WA No. 1016/2025 cause title), rejecting the claim to 1 acre 20 guntas and confining the appellants to 10 guntas (styled '0.10 guntas' in the WA No. 1016/2025 cause title) in Sy.No.44 of Malali village.¶¶49
Learned Single Judge, High Court of Karnataka · 21.04.2025
Prior proceeding
On 12.11.1982, the Land Grant Committee recommended grant of 3 acres of land in Sy.No.44 of Malali village, Honnali Taluk, Davanagere District, to A.G. Sidaramappa on the ground that he had lost his land due to submersion in Shanthisagar Tank.¶¶89
Prior proceeding
By order dated 31.05.1983, pursuant to enquiry, the 3 acres of land was granted in favour of A.G. Siddaramappa.¶¶93
Prior proceeding
On 07.10.1985, the grant in favour of A.G. Siddaramappa was cancelled on a challenge made by late Basavarajappa and late Kariyappa.¶¶93
Prior proceeding
The order of cancellation was confirmed by the Deputy Commissioner.¶¶93
Prior proceeding
The Karnataka Appellate Tribunal set aside the Deputy Commissioner's order and remanded the matter to the Assistant Commissioner.¶¶94
Prior proceeding
On remand, the Assistant Commissioner rejected the claim of A.G. Siddaramappa by order dated 05.03.1991, confirmed by the Deputy Commissioner on 05.06.1997.¶¶96
Prior proceeding
A.G. Siddaramappa filed Writ Petition No.23104/1997 against those orders.¶¶100
Prior proceeding
The learned Single Judge allowed Writ Petition No.23104/1997 by judgment dated 26.08.1997.¶¶101
Prior proceeding
After remand by the Assistant Commissioner to the Tahsildar, the Tahsildar rejected the claim of A.G. Siddaramappa and granted 1 acre 20 gunats of the land in favour of late Kariyappa.¶¶102
Prior proceeding
On challenge by A.G. Siddaramappa and late Basavarajappa, the Assistant Commissioner by order dated 10.09.2001 confirmed the grant of 1 acre 20 guntas in favour of late Kariyappa.¶¶102
Prior proceeding
The Assistant Commissioner recorded that late Basavarajappa was in possession of only 10 guntas of land.¶¶102
Prior proceeding
Accordingly, the Assistant Commissioner granted only an extent of 10 guntas of land in favour of late Basavarajappa.¶¶102
Prior proceeding
Appeals preferred by A.G. Siddaramappa and Basavarajappa before the Deputy Commissioner were dismissed by order dated 13.11.2002.¶¶106
Prior proceeding
The revisions preferred by A.G. Siddaramappa and Basavarajappa were also dismissed by the Karnataka Appellate Tribunal.¶¶107
Prior proceeding
Challenging the orders of the Assistant Commissioner, Deputy Commissioner and Karnataka Appellate Tribunal, A.G. Siddaramappa and Basavarajappa filed writ petitions (WP No. 48032/2012 and WP No. 19755/2013), which were allowed by the learned Single Judge by judgment dated 21.04.2025.¶¶108