Sri. Bheemanna Vs the State of Karnataka

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NC: 2025:KHC:47000 WP No. 24642 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE D K SINGH WRIT PETITION NO. 24642 OF 2025 (GM-RES)

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BETWEEN:

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SRI. BHEEMANNA S/O LATE. BELURU MUNIYA @ MUNIYAPPA. AGED ABOUT 85 YEARS AGRICULTURIST, RESIDING AT JINNAGARA VILLAGE, DODDAGATTINABBE, BENGALURU RURAL DISTRICT - 562 114 (CLAIMING BENEFIT UNDER SENIOR CITIZEN)

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…PETITIONER

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(BY SRI. CHETHAN B C., ADVOCATE)

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AND:

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Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REVENUE DEPARTMENT,

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REPRESENTED BY ITS PRINCIPAL SECRETARY.

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M.S. BUILDING. DR. AMBEDKAR VEDHI, BENGALORE-560 001

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THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, DISTRICT OFFICE COMPLEX, BEEASANDRA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 110.

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THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA, BENGALURU RURAL DISTRICT-561 203

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THE TAHASILDAR

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2 - NC: 2025:KHC:47000 WP No. 24642 of 2025

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HC-KAR

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HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-562 114

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RAJIV GANDHI HOUSING CORPORATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, [GOVERNMENT OF KARNATAKA ENTERPRISES] OFFICE AT 9TH FLOOR, CAVERY BHAVAN, C AND F BLOCK, KEMPEGOWDA ROAD, DR. AMBEDKAR VEEDHI, BENGALURU-560 009

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…RESPONDENTS (BY SRI. M.N.SUDEV HEGDE , AGA FOR R1 TO R4; M. SUMANA BALIGA, FOR R5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS IN RESPECT OF THE OFFICIAL MEMORANDUM DATED 31.12.2021 PASSED BY THE SECOND RESPONDENT I.E. THE DEPUTY COMMISSIONER PASSED AN ORDER IN LND (HOSAKOTE) CR.111/2019-2020 IN LAND BEARING SY NO.26, MEASURING AN EXTENT OF 4-15 GUNTAS, SITUATED AT JINNAGARA VILLAGE, JADIGENAHALLI HOBLI, HOSAKOTE TALUK FOR THE SCHEME OF ASHRAYA YOJANE, ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE D K SINGH

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ORAL ORDER

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The petitioner, who claims to be the grandson of late Beluru Muniya @ Muniyappa has filed this present petition challenging the Official Memorandum dated 31.12.2021 issued by the Deputy Commissioner, whereby the land in Survey No.26

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3 - NC: 2025:KHC:47000 WP No. 24642 of 2025

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HC-KAR

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measuring an extent of 4 acres 15 guntas, (including the 2 acres of land which he says belongs to the late grandfather of the petitioner). situated at Jinnagara Village, Jadigenahalli Hobli, Hoskote Taluk has been notified for the scheme of "Ashraya Yojane" without conducting proper inquiry and without looking into the revenue records.

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The learned counsel for the petitioner submitted that in the Official Memorandum dated 31.12.2021, the land in Survey No. 26, measuring 4 acres 15 guntas including the petitioner's 2 acres of land has been shown as gomal land.

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The learned counsel for the petitioner further submits that the late grandfather of the petitioner was given an extent of 2 acres in the Survey No. 26 by the grant dated 25.10.1937 and the name of late grandfather of the petitioner, even today exists in the revenue records as the owner of the said land and this land in not a gomal land.

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The petitioner has given the representation to the Deputy Commissioner for correcting the Official Memorandum. The said

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4 - NC: 2025:KHC:47000 WP No. 24642 of 2025

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HC-KAR

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representation dated 30.06.2025 and has been placed on record as Annexure-N.

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The submission is that the petitioner's land is a private land under the ownership of the petitioner, because he is the legal heir of Late Belur Muniya @ Muniyappa, who was granted this land way back on 25.10.1937. Classifying the said land as a gomal land is against the very revenue records, which stand in the name of the late grandfather of the petitioner.

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Sri M.N. Sudev Hegde, learned AGA submits that the land

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is gomal land. However, he submits that the petitioner's representation shall be considered in accordance with the law.

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Considering the aforesaid facts and circumstances of the

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case, and submission advanced by Mr. Chetan, B.C., learned counsel for the petitioner and learned AGA, I propose to dispose of this petition in the following terms:-

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a. The petitioner's representation at Annexure-N dated 30.06.2025 praying to exclude the land from the acquisition proceedings and treating the said land as the private land is

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HC-KAR

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directed to be considered by the 2^nd respondent/Deputy Commissioner in accordance with law.

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b. The petitioner is directed to file fresh representation within a period of ten days along with all evidence of this land being the land of the petitioner or his predecessors interests.

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c. The 2^nd respondent/Deputy Commissioner shall consider the representation and take a decision based on the evidence and reasoning, after giving an opportunity of hearing to the petitioner expeditiously, preferably within period of one month from the date of receipt of a copy of this order.

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Sd/(D K SINGH) JUDGE

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NG List No.: 38 Sl No.: 44

Sri. Bheemanna v. the State of Karnataka

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Sri. Bheemanna v. the State of Karnataka

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