Sri N Ravikumar v. the State of Karnataka

Karnataka HC6 Mar 2025WP/11975/2024

Case brief

AI extract

What is this about?

Karnataka HC, WP 11975/2024 (LB-RES-PIL), decided 06-03-2025; delay and laches; PIL dismissed; tank/reservoir water-body land; survey No.123 Periyapatna; 1964 Deputy Commissioner grant certificate; 1977 public auction to Syed Abbas; changed nature of land; Articles 226 and 227; no precedent discussed.

What did the court decide?

On the pleadings in the writ petition and perusal of the papers produced, the nature of the land has changed and it is not a water body any more. ¶43

Sri N Ravikumar Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:10106-DB WP No. 11975 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2025

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PRESENT

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THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

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AND

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 11975 OF 2024 (LB-RES-PIL)

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BETWEEN:

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SRI N. RAVIKUMAR

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AGED ABOUT 49 YEARS S/O LATE N.T. NARAYANA GOWDA R/AT NO.96, CHATRADA BEEDHI

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SHIVAPPA BADAVANE PERIYAPATNA - 571 107 OCCUPATION: AGRICULTURE.

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Digitally signed by H K HEMA Location: High Court of Karnataka

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SRI YADAVACHAR

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AGED ABOUT 60 YEARS S/O LATE CHANDRACHAR R/A NO.808, DODDABEEDHI PERIYAPATNA TOWN - 571 107 OCCUPATION: CARPENTER.

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…PETITIONERS

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(BY SRI BHAT GANAPATHY NARAYAN, ADVOCATE)

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2 - NC: 2025:KHC:10106-DB WP No. 11975 of 2024

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AND:

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THE STATE OF KARNATAKA

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DEPARTMENT OF REVENUE ROOM NO.627, M.S. BUILDING VI FLOOR, GATE I, DR. B.R. AMBEDKAR VEEDHI BANGALORE - 560 001 BY ITS PRINCIPAL SECRETARY.

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THE SECRETARY RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPT. 3RD GATE, 3RD FLOOR M.S. BUILDING BANGALORE - 560 001.

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THE PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPARTMENT ROOM NO.436, VIKASA SOUDHA

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BANGALORE - 560 001.

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THE DIRECTOR

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DIRECTORATE OF MUNICIPAL ADMINISTRATION 9^TH FLOOR AND 10^TH FLOOR VISHVESHWARIAH TOWER DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001.

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3 - NC: 2025:KHC:10106-DB WP No. 11975 of 2024

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THE DEPUTY COMMISSIONER

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MYSORE DISTRICT KRISHNARAJA BOULEVARD ROAD K.G. KOPPAL, KAJJIHUMDI MYSURU - 570 001.

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THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL PERIYAPATNA, BM ROAD NEAR KSRTC BUS STAND PERIYAPATNA - 571 107.

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SYED MATIN ABBAS AGED ABOUT 50 YEARS S/O SYED ABBAS R/AT MASJID ROAD PERIYAPATNA TOWN MYSORE - 571 107.

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA., FOR R.1 TO R.5; SRI M.B. PRABHAKAR, ADVOCATE FOR R.6; SRI B.N. PRITHVI RAJ, ADVOCATE FOR R.7.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY APPROPRIATE WRIT OR ORDER QUASHING THE IMPUGNED ORDER OF THE 5^TH RESPONDENT DC BEARING No.D.Dis.B1-PR-872-C.8561/63-64 DATED 2.5.1964, i.e., GRANT CERTIFICATE AT ANNEXURE-G., ETC.

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4 - NC: 2025:KHC:10106-DB WP No. 11975 of 2024

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

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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE M.I.ARUN)

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The case of the petitioners is that they are public spirited persons and are residents of Periyapatna town and they are preferring this public interest litigation in the interest of general public.

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On 06.10.1964, a decision was taken to grant the land which

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is the subject matter of the writ petition by the Deputy Commissioner of Mysuru to the President, Municipal Council, Periyapatna, for formation of sites. 1 acre and 7 guntas of land has been sold in favour of one Syed Abbas, father of respondent No.7 herein in a public auction by the State way back on 20.08.1977. Thereafter, a sale certificate is registered in favour of the said Syed Abbas on 21.08.1991 and khatha in respect of the said land is registered in his name on 29.08.1991. Thereafter, a portion of the

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5 - NC: 2025:KHC:10106-DB WP No. 11975 of 2024

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property has been gifted by the said Syed Abbas in favour of third person and a portion of the property has been acquired and a road has been formed and presently, it is submitted that respondent No.7, who has succeeded to the remaining portion of the land after the death of the said Syed Abbas, is in possession of it. It is further submitted that entire survey No.123 of Periyapatna Taluk, is a tank/reservoir land and it consists of a water body. It is submitted that the said land could not have been auctioned by the State as it is in violation of the orders of the Honb'le Apex Court, wherein the State is required to preserve the water bodies and no construction can come up on the same. On the said ground, it is prayed that all the transactions that have taken place in respect of the land from 02.05.1964 till today be set aside and the State be directed to maintain the area as a pond.

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The writ petition has been filed in the year 2024 and the petitioners have sought to undo the actions in respect of the land concerned from the year 1964. The pleadings in the writ petition and perusal of the papers produced itself goes to show that the nature of the land has changed and it is not a water body any more. Further, the petitioners have failed to explain the inordinate delay of more than 60 years in filing the writ petition.

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NC: 2025:KHC:10106-DB WP No. 11975 of 2024

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Thus, the writ petition is hereby dismissed on the ground of

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delay and laches.

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Sd/(N. V. ANJARIA) CHIEF JUSTICE

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Sd/(M.I.ARUN) JUDGE

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