Sri Manjunath Dasappa v. the State of Karnataka

Karnataka HC7 Jul 2026WA/857/2025

Case brief

AI extract

What is this about?

Manjunath Dasappa v. State of Karnataka and others — Karnataka HC writ appeal concerning B-Kharab land in Sy.No.183/1 and Sy.No.183/2 (23 Acres 05 Guntas, communal rights); DDLR rejection order 19.09.2014; Deputy Commissioner order 17.08.2017; Corrigendum Order 03.10.2017 under Section 58 Karnataka Land Revenue Act 1964; Karnataka Appellate Tribunal R.P.No.97/2022 order 29.01.2025; W.P.No.7812/2025 judgment 25.04.2025; direction to implement 17.08.2017 order within three months.

What did the court decide?

Writ Appeal disposed of without disturbing the Tribunal's order dated 29.01.2025; concerned Authorities directed to give effect to the Deputy Commissioner's order dated 17.08.2017 within three months; pending interlocutory applications, if any, disposed of. ¶¶44

Sri Manjunath Dasappa Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the writ appeal should be allowed and the Single Judge's judgment dated 25.04.2025 in W.P.No.7812/2025 set aside, in light of the appellant's position that the original Deputy Commissioner's order dated 17.08.2017 stands unchallenged and has attained finality.

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Court's answer

As there was no challenge to the original order passed by the Deputy Commissioner dated 17.08.2017, that order has attained finality and has to be given effect to; the Court accepted the submission of the appellant's senior counsel that the challenge before the Tribunal was confined to the Corrigendum Order and that the appellant does not press any further challenge to the Tribunal's order dated 29.01.2025 in R.P.No.97/2022.

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Ratio / Principle

The Writ Appeal is disposed of with a direction to the concerned Authorities to give effect to the order dated 17.08.2017 passed by the Deputy Commissioner within a period of three months.

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Detailed headnote1 paragraphs

Writ Appeal No. 857 of 2025 (KLR-RES) disposed of by Division Bench (D K Singh and T.M.Nadaf, JJ.; per D K Singh J.) on 07.07.2026. The appeal challenged the Single Judge's judgment dated 25.04.2025 in W.P.No.7812/2025, which had affirmed the Karnataka Appellate Tribunal's order dated 29.01.2025 in R.P.No.97/2022 setting aside the Deputy Commissioner's Corrigendum Order dated 03.10.2017, passed exercising purported power under Section 58 of the Karnataka Land Revenue Act, 1964. Background: the DDLR's order dated 19.09.2014 rejected the appellant's claim over Sy.Nos.183/1 and 183/2 as B-Kharab land (23 Acres 05 Guntas in Sy.No.183 carrying communal rights); the Deputy Commissioner's order dated 17.08.2017 directed notice, spot inspection, measurement and determination of the public-use B-kharab portion. Holding: since the original Deputy Commissioner's order dated 17.08.2017 was never challenged and had attained finality, the Court directed the concerned authorities to give effect to it within three months; pending interlocutory applications stood disposed of.

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NC: 2026:KHC:33997-DB WA No. 857 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 7^TH DAY OF JULY, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH AND

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THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 857 OF 2025 (KLR-RES)

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BETWEEN:

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SRI. MANJUNATH DASAPPA, SON OF LATE SRI DASAPPA, AGED ABOUT 57 YEARS, RESIDING AT, NO. 364 365, 9^TH MAIN, DOLLARS COLONY, J.P. NAGAR, 4^TH PHASE, BENGALURU - 560 078.

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…APPELLANT

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Digitally signed by REKHA R Location: High Court of Karnataka

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(BY SRI. UDAY HOLLA, SR. COUNSEL FOR SRI. RAGHURAM CADAMBI., ADVOCATE) AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIKAS SOUDHA, DR. AMBEDKAR VEEDI, BENGALURU - 560 001.

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THE SURVEY COMMISSIONER, DEPARTMENT OF SSLR, K.R. CIRCLE, BANGALORE - 560 001.

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NC: 2026:KHC:33997-DB WA No. 857 of 2025

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HC-KAR

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THE DEPUTY COMMISSIONER, KANDAYA BHAVAN, BANGALORE URBAN DISTRICT, BANGALORE - 560 001.

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…RESPONDENTS

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(BY SRI. M.N. SUDEV HEGDE, AGA)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE WRIT APPEAL, AND SET ASIDE THE JUDGEMENT DATED:25.04.2025 PASSED BY THE LEARNED SINGLE JUDGE IN W.P No.7812/2025, CONSEQUENTLY, ALLOW THE WRIT PETITION IN WRIT PETITION No.7812/2025 AS PRAYED FOR AND ETC.,

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

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

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ORAL JUDGMENT

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

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The present intra Court appeal has been filed impugning the order dated 25.04.2025 passed by the writ Court in W.P.No.7812/2025 filed by the appellant/ petitioner challenging the order dated 29.01.2025 passed in R.P.No.97/2022.

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HC-KAR

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The Deputy Director of Land Record¹ vide order

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dated 19.09.2014, rejected the claim of the petitioner in respect of the land in Sy.No.183/1 and Sy.No.183/2 being B-Kharab land.

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The DDLR was of the view that the land to an extent of 23 Acres 05 Guntas in Sy.No.183 was B-Kharab land, over which there were communal rights involved and the same could not be granted in favour of the petitioner. Aggrieved by the order passed by the DDLR, the petitioner had filed the revision before the Deputy Commissioner. The Deputy Commissioner passed an order dated 17.08.2017, and directed that notice be issued to the concerned, a spot inspection be conducted, a measurement be taken and the portion which was to be utilised by the public i.e., B-kharab land, would have to be determined and the remaining cultivable area would have to be assessed for payment of land revenue.

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1 'the DDLR', for short

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HC-KAR

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The petitioner/ appellant filed an application on

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27.09.2017 contenting that, there were several errors in the order dated 17.08.2017 passed by the Deputy Commissioner. The Deputy Commissioner accepted the request and exercising his purported power under Section 58 of the Karnataka Land Revenue Act, 1964, proceeded to pass Corrigendum Order, which was nothing but a fresh order passed by the Deputy Commissioner on 03.10.2017. The said order came to be challenged before the Karnataka Appellate Tribunal² . The Tribunal vide order dated 29.01.2025, set-aside the Corrigendum Order dated 03.10.2017. The order passed by the Tribunal was subject matter in the Writ Petition. The Writ Court had dismissed

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the Writ Petition and affirmed the order passed by the Tribunal.

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Sri.Uday Holla, learned Senior counsel for the appellant submits that challenge before the Tribunal was only in respect of the Corrigendum Order dated

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2 the Tribunal, for short

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HC-KAR

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29.01.2025 and there was no challenge to the original order dated 03.10.2017 passed by the Deputy Commissioner. The order dated 17.08.2017 has attained finality and therefore, the order dated 17.08.2017 may be given effect to, at the earliest. However, he submits that he does not press to challenge any further order of the Tribunal dated 29.01.2025 passed in RP.No.97/2022, whereby the Corrigendum Order dated 29.01.2025 came to be quashed.

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We accept the submission of Sri.Uday Holla, learned Senior counsel. As there was no challenge to the original order passed by the Deputy Commissioner dated 17.08.2017, the said order has attained finality and the said order has to be given effect to. We therefore, dispose of this Writ Appeal with a direction to the concerned Authorities to give effect to the order dated 17.08.2017 passed by the Deputy Commissioner within a period of three months.

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NC: 2026:KHC:33997-DB WA No. 857 of 2025

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HC-KAR

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