Disposed¶36

Sri Gurappa v. State of Karnataka

Karnataka HC10 Sept 2025WP/25825/2025

Case brief

AI extract

What is this about?

Karnataka High Court; WP 25825/2025 (KLR-RES); regularization of unauthorised occupation; rejection order dated 16.9.2016; regularization application dated 24.11.1998; Survey No.42/2011, Karanala Village, Tubagere Hobli, Doddaballapura Taluk; 5 kms radius of City Municipal Council Doddaballapura; writ disposed of with liberty to appeal before Assistant Commissioner; Articles 226 and 227 Constitution of India; earlier W.P.No.13908/2025 mandamus dismissed; AGA Mohammed Jaffar Shah; counsel Chokka Reddy; Justice R Devdas.

What did the court decide?

Liberty reserved to the petitioner to raise a challenge to the order of rejection in a manner known to law, i.e., by filing an appeal before the Assistant Commissioner; learned Additional Government Advocate permitted to file memo of appearance within four weeks. ¶36

Sri Gurappa Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner could seek relief against the 16.9.2016 rejection of his regularization application by filing a fresh writ petition, or whether recourse 'in accordance with law' required him to raise a challenge to the order of rejection itself (i.e., by appeal before the Assistant Commissioner).

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Court's answer

The Court upheld the learned AGA's objection that taking recourse 'in accordance with law' meant raising a challenge to the order of rejection, and not filing a fresh writ petition.

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Ratio / Principle

The writ petition stands disposed of, reserving liberty to the petitioner to raise a challenge to the order of rejection in a manner known to law, i.e., by filing an appeal before the Assistant Commissioner.

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Key takeaways

The learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks.obiter¶42

Detailed headnote1 paragraphs

High Court of Karnataka (R Devdas, J.), 10.09.2025, WP No. 25825 of 2025 (KLR-RES) — disposed of. Petitioner sought quashing of Annexure-A order dt. 16.9.2016 passed by Respondents 3 and 4 rejecting his application dt. 24.11.1998 for regularization of 1 acre in Survey No.42/2011, Karanala Village, Tubagere Hobli, Doddaballapura Taluk, on the ground that the property comes under the radiation of 5 kms of City Municipal Council of Doddaballapura. His earlier writ petition (W.P.No.13908/2025) seeking a mandamus to consider the application was dismissed with liberty to take recourse in accordance with law. Upholding the AGA's objection that such recourse meant challenging the rejection order rather than filing a fresh writ petition, the Court disposed of the petition, reserving liberty to the petitioner to file an appeal before the Assistant Commissioner; the AGA was permitted to file memo of appearance within four weeks.

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NC: 2025:KHC:35826 WP No. 25825 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF SEPTEMBER, 2025 BEFORE

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THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 25825 OF 2025 (KLR-RES)

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BETWEEN:

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SRI. GURAPPA S/O LATE MUNISHAMAPPA AGED ABOUT 70 YEARS R/AT SUNNAGHATAHALLI VILLAGE, TUBAGARE HOBLI, DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT - 561 205.

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…PETITIONER

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(BY SRI. CHOKKA REDDY, ADVOCATE)

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AND:

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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STATE OF KARNATAKA UNDER SECRETARY REVENUE DEPARTMENT M.S.BUILDING

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AMBEDKAR VEEDHI BANGALORE - 560 001.

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THE TAHSILDAR DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT - 561 205

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SECRETARY OF REGULARIZATION OF UNATUTHORIZED OCCUPATION COMMITTEE DODDABALLAPURA TALUK

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NC: 2025:KHC:35826 WP No. 25825 of 2025

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HC-KAR

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BANGALORE RURAL DISTRICT - 561 205

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THE CHAIRMAN LAND GRANT COMMITTEE FOR UNAUTHORISED OCCUAPTION DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT - 561 205

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…RESPONDENTS

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(BY SRI. MOHAMMED JAFFAR SHAH, AGA)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING ANNX-A ORDER DTD 16.9.2016 PASSED BY THE R-3 AND 4 REJECTING THE APPLICATION FILED BY THE PETITIONER DTD 24.11.1998 BY REASON THAT THE PROPERTY COMES UNDER THE RADIATION OF 5 KMS OF CITY MUNICIPAL COUNCIL OF DODDABALLAPURA BY ALLOWING THE WP AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY

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HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE R DEVDAS

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ORAL ORDER

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Learned Additional Government Advocate takes notice for all the respondents.

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3 - NC: 2025:KHC:35826 WP No. 25825 of 2025

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HC-KAR

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Learned counsel for the petitioner submits that the petitioner was earlier before this Court in W.P.No.13908/2025 seeking a writ of mandamus directing the respondents to consider the application filed by the petitioner on 24.11.1998 for regularization of 1 acre of land in Survey No.42/2011, Karanala Village, Tubagere Hobli, Doddaballapura Taluk. However, the learned AGA submitted before this Court that the application filed by the petitioner had been rejected long ago. Accordingly, the petition was dismissed, reserving liberty to the petitioner to take recourse in accordance with law. Learned counsel submits that this writ petition has been filed accordingly.

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