Disposed¶49

Sri T Nagappa v. the Deputy Commissioner

Karnataka HC13 Feb 2026WA/414/2022

Case brief

AI extract

What is this about?

Keywords: writ appeal; Karnataka High Court Act Section 4; LR-SEC; land grant; Form No.7A; Form No.1A; 4 acres 38 guntas; resumption order; Davanagere; Harihara; Guttur Gram Panchayath; Deputy Commissioner; Tahsildar and Muzari Officer; KAT Appeal 785/2011; W.P. No.36615/2019; W.P. No.32650/2024; writ of mandamus; disposed of with clarification; no error in Single Judge order.

What did the court decide?

Writ appeal disposed of with a clarification that the dismissal in W.P. No.36615/2019 would not preclude the learned Single Judge from considering the prayer in W.P. No.32650/2024 or the Authority from acting in accordance with law; no other relief granted. ¶49

Sri T Nagappa Vs the Deputy Commissioner — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶49

Issue for consideration

Whether the learned Single Judge's judgment dated 26.08.2021 in W.P. No.36615/2019, which recorded that the Form No.7A application was considered and 4 acres 38 guntas granted with resumption of the remaining land, contained any error calling for interference in the writ appeal. +1 more

¶42

Court's answer

The Division Bench found no error in the learned Single Judge's order dated 26.08.2021 in W.P. No.36615/2019 dismissing the writ petition.

¶42

Ratio / Principle

It was made clear that the dismissal of the writ petition in W.P. No.36615/2019 would not come in the way of the learned Single Judge considering the prayer in W.P. No.32650/2024, nor of the Authority acting in accordance with law.

¶43

Detailed headnote1 paragraphs

Writ Appeal No. 414 of 2022 (LR-SEC), High Court of Karnataka, Division Bench (Anu Sivaraman and Vijaykumar A. Patil, JJ.; oral judgment per Vijaykumar A. Patil, J.), decided 13.02.2026. The appellants (T Nagappa and T Shivappa) challenged the learned Single Judge's judgment dated 26.08.2021 in W.P. No.36615/2019, which had dismissed their writ petition recording that the Form No.7A application was considered by the Authority and 4 acres 38 guntas granted, with a resumption order passed for the rest of the land on the ground that no application was filed. The Division Bench found no error in the Single Judge's order. On the appellants' submission that they are different families who filed a fresh Form No.1A application on 18.01.2022 and pursued W.P. No.32650/2024 seeking mandamus for its consideration, the Court clarified that the dismissal in W.P. No.36615/2019 would not come in the way of the learned Single Judge considering the prayer in W.P. No.32650/2024 or of the Authority acting in accordance with law, and disposed of the writ appeal with that clarification.

¶1

¶2

NC: 2026:KHC:9122-DB WA No. 414 of 2022

¶3

HC-KAR

¶4

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF FEBRUARY, 2026

¶5

PRESENT

¶6

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND

¶7

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 414 OF 2022 (LR-SEC)

¶8

BETWEEN:

¶9

SRI T NAGAPPA

¶10

S/O LATE THIRUKAPPA POOJARI,

¶11

AGED ABOUT 64 YEARS, R/O GUTTUR VILLAGE,

¶12

NEAR HANUMANTH TEMPLE, HARIHAR TAUK, DAVANAGERE DISTRICT-577601

¶13

T SHIVAPPA

¶14

S/O LATE THIRUKAPPA POOJARI,

¶15

Digitally signed by PAVITHRA N Location: High Court of Karnataka

¶16

AGED ABOUT 51 YEARS,

¶17

R/O GUTTUR COLONY, LAL BHADUR BADAVANI, HARIHAR TAUK, DAVANAGERE DISTRICT-577601

¶18

…APPELLANTS

¶19

(BY SRI. R.G.HALESH, ADV. FOR SRI. GANGADHAR G.D., ADV.)

¶20

AND:

¶21

THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT,

¶22

¶23

NC: 2026:KHC:9122-DB WA No. 414 of 2022

¶24

HC-KAR

¶25

P B ROAD, DAVANAGERE INDUSTRIAL AREA, DAVANAGERE-577002.

¶26

THE TAHSILDAR AND MUZARI OFFICER HARIHARA TALUK,

¶27

DAVANAGERE DISTRICT-577601

¶28

THE PANCHAYATH DEVELOPMENT OFFICER GUTTUR GRAM PANCHAYATH, HARIHARA TALUK, DAVANAGERE DISTRICT-577601

¶29

THE COMMISSIONER

¶30

TOWN MUNICIPAL, P.B. ROAD, HARIHARA DAVANAGERE DISTRICT-573601

¶31

AMENDED V.C.O. DATED 21.03.2025

¶32

…RESPONDENTS

¶33

(BY SRI. KIRAN KUMAR, HCGP FOR R1 & R2; R3 - SERVICE OF NOTICE IS DESPENSED WITH V/O DTD 5.3.2025; SRI. M.R.PATIL, ADV. FOR R4)

¶34

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR RECORDS OF WP No.36615/2019 (LR-SEC) ON THE FILE OF HIGH COURT OF KARNATAKA, 2. TO SET ASIDE THE JUDGMENT DATED 26.08.2021, PASSED BY THE LEARNED SINGLE JUDGE IN WP No-36615/2019 (LR-SEC) AND KAT APPEAL 785/2011 ON THE FILE OF KAT, JUDGEMENT DATED 31.01.20183.

¶35

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

¶36

¶37

NC: 2026:KHC:9122-DB WA No. 414 of 2022

¶38

HC-KAR

¶39

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

¶40

ORAL JUDGMENT

¶41

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

¶42

This writ appeal is filed by the petitioners challenging the order of the learned Single Judge dated 26.08.2021, passed in W.P. No.36615/2019. The learned Single Judge dismissed the writ petition holding that Form No.7A application has been considered by the Authority and granted an extent of 4 acres, 38 guntas. In respect of the rest of the land, resumption order was passed on the ground that no application was filed. We do not find any error in the order as such.

¶43

At this stage, learned counsel for the appellants submits that the appellants are different families and they have filed an application in Form No.1A on 18.01.2022 and filed W.P.No.32650/2024, seeking to issue writ of mandamus to consider such application. We make it clear that the dismissal of the writ petition by the Court in W.P. No.36615/2019 would not come in the way of the learned Single Judge considering

¶44

¶45

NC: 2026:KHC:9122-DB WA No. 414 of 2022

¶46

HC-KAR

¶47

the prayer in W.P. No.32650/2024 as well as the Authority in

¶48

accordance with law.

¶49

With the above clarification, writ appeal is disposed of .

¶50