Dismissed

Suresh v. the Deputy Director of Land Records

Karnataka HC16 Sept 2026WP/9305/2026

Case brief

AI extract

What is this about?

The petitioner challenged orders of the Karnataka Appellate Tribunal and the Deputy Director of Land Records dismissing his appeal concerning 17 guntas of land in Sy.No.160 of Avaragere Village claimed as karab (government waste land). The High Court found that the land had been converted for non-agricultural purposes by the Deputy Commissioner in 2011 and that substantial portions had been sold by the petitioner's father. The Court held the revenue authorities properly applied Rule 21 of the Karnataka Land Revenue Rules and had no jurisdiction to adjudicate title disputes, dismissing the writ petition.

What the court decided

AI extract

Suresh Vs the Deputy Director of Land Records — Writ and Judicial Review | Karnataka HC (2026)

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HC-KAR

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NC: 2026:KHC:50591 WP No. 9305 of 2026

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CNR: KAHC010200372026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^TH DAY OF SEPTEMBER, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.9305 OF 2026 (KLR-RES)

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BETWEEN:

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SURESH S/O LATE SHEKHARAPPA, AGED ABOUT 53 YEARS, R/O AVARAGERE VILLAGE-577003, DAVANAGERE-TALUK AND DISTRICT.

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…PETITIONER

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(BY SRI. HALLI SHANTAPPA BASAPPA, ADVOCATE)

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AND:

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THE DEPUTY DIRECTOR OF LAND RECORDS

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Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

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DAVANAGERE DISTRICT,

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DAVANEGERE-577004.

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JOINT DIRECTOR OF LAND RECORDS, DAVANAGERE-TALUK, DAVANEGERE-577004.

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ASSISTANT DIRECTOR OF LAND RECORDS, DAVANAGERE-TALUK, DAVANEGERE-577004.

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THE TAHASILDAR, DVANAGERE-TALUK

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HC-KAR

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NC: 2026:KHC:50591 WP No. 9305 of 2026

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CNR: KAHC010200372026

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DAVANAGERE-577004.

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SUDHA, W/O SHOMASHEKARAPPA, AGED: MAJOR, R/O AVARAGERE VILLAGE, DAVANAGERE TALUK & DISTRICT-577003.

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VIJAYAMMA, W/O UMESH, AGED: MAJOR, R/O AVARAGERE VILLAGE, DAVANAGERE TALUK & DISTRICT-577003.

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RAMESH S/O KECHANAGOWDA, AGED: MAJOR, R/O AVARAGERE VILLAGE, DAVANAGERE TALUK & DISTRICT-577003.

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MANJUNATHA, S/O KECHANAGOWDA, AGED: MAJOR, R/O GOPANALA VILLAGE, DAVANAGERE TALUK & DISTRICT-577003.

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VASAMMA, W/O SHIVAKUMAR, AGED: MAJOR, R/O BELLIGANADU VILLAGE, CHANNAGIRI TALUK -577213.

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KAREGOWDAPPA, S/O LATE PATIL KARIYAPPA,

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3 - NC: 2026:KHC:50591 WP No. 9305 of 2026

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HC-KAR

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CNR: KAHC010200372026

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AGED: MAJOR, R/O AVARAGERE VILLAGE, DAVANAGERE TALUK & DISTRICT-577003.

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HANUMANTHAPPA, S/O LATE PATIL KARIYAPPA, AGED: MAJOR, R/O AVARAGERE VILLAGE, DAVANAGERE TALUK & DISTRICT-577003.

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SOMASHEKARAPPA, S/O LATE PATIL KARIYAPPA, AGED: MAJOR, R/O AVARAGERE VILLAGE, DAVANAGERE TALUK & DISTRICT-577003.

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KENCHAPPA, S/O LATE PATIL KARIYAPPA, AGED: MAJOR, R/O AVARAGERE VILLAGE, DAVANAGERE TALUK & DISTRICT-577003.

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14. CHAKKAVEERAPPA,

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S/O DODDAVEERAPPA, AGED: MAJOR, R/O AVARAGERE VILLAGE, DAVANAGERE TALUK & DISTRICT-577003.

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BASAVARAJAPPA, S/O DODDAVEERAPPA, AGED: MAJOR, R/O AVARAGERE VILLAGE, DAVANAGERE TALUK & DISTRICT-577003.

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HC-KAR

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NC: 2026:KHC:50591 WP No. 9305 of 2026

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CNR: KAHC010200372026

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SAROJAMMA W/O CHAKKAVEERAPPA, AGED: MAJOR, R/O AVARAGERE VILLAGE, DAVANAGERE TALUK & DISTRICT-577003.

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VIJAYAKUMARA, S/O CHAKKAVEERAPPA, AGED: MAJOR, R/O AVARAGERE VILLAGE, DAVANAGERE TALUK & DISTRICT-577003.

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RAMESHA, S/O CHAKKAVEERAPPA, AGED: MAJOR, R/O AVARAGERE VILLAGE, DAVANAGERE TALUK & DISTRICT-577003.

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JAYASHREE, W/O CHANNVEERAPPA, AGED: MAJOR, R/O AVARAGERE VILLAGE, DAVANAGERE TALUK & DISTRICT-577003.

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SAVITRAMMA, M. GUNDI MAHADEVAPPA, AGED: MAJOR, R/O AVARAGERE VILLAGE, DAVANAGERE TALUK & DISTRICT-577003.

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HALAPPA, S/O GUNDI MAHADEVAPPA, AGED: MAJOR, R/O AVARAGERE VILLAGE,

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5 - NC: 2026:KHC:50591 WP No. 9305 of 2026

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HC-KAR

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CNR: KAHC010200372026

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DAVANAGERE TALUK & DISTRICT-577003.

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BASAVANAGOWDA, S/O LATE SHEKARAPPA, AGED: MAJOR, R/O AVARAGERE VILLAGE, DAVANAGERE TALUK & DISTRICT-577003.

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RAMESH, S/O LATE SHEKARAPPA, AGED: MAJOR, R/O AVARAGERE VILLAGE, DAVANAGERE TALUK & DISTRICT-577003.

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GIRIJAMMA, W/O NIJALINGAPPA, AGED: MAJOR, R/O KODIHALLI VILLAGE, YAREBILACHI POST BHADRAVATHI TALUK.

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SACHIN R., S/O DUNDAPPA RAYAKRA, AGED: MAJOR R/O D NO.590/1, 6^TH MAIN, 6^TH CROSS, P.J.BHADAVANE, DAVANAGERE-577004.

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…RESPONDENTS

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(BY SRI. ADITYA DIWAKARA, AGA FOR R1 TO R4; SRI. H.N. CHANDRASHEKAR, ADVOCATE FOR R25)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE HON’BLE

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HC-KAR

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NC: 2026:KHC:50591 WP No. 9305 of 2026

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CNR: KAHC010200372026

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KARNATAKA TRIBUNAL IN REV.APL.511/2024 DATED 03.03.2026 ANNEXURE-K; AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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Learned Additional Government Advocate accepts notice for respondent Nos. 1 to 3.

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Heard Sri. Halli Shantappa Basappa, learned counsel appearing for the petitioner; Sri. Aditya Diwakar, learned Additional Government Advocate appearing for the respondentState and Sri. H.N. Chandrashekar, learned counsel appearing for the respondent No.25.

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In this writ petition, the petitioner is assailing the order passed by the Karnataka Appellate Tribunal in Rev. Appeal No.511/2024, dated 03.03.2026 (Annexure-K) and the order dated 26.11.2024 passed by respondent No.1-DDLR in Appeal No.206/2024-25, dated 26.11.2024 (Annexure-H) inter-alia sought a direction to respondent Nos.1 to 3 to cancel the pot

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HC-KAR

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NC: 2026:KHC:50591 WP No. 9305 of 2026

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CNR: KAHC010200372026

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karab to an extent of 17 guntas in Sy.No.160 of Avaragere Village, Davanagere Taluk, being utilised by respondent No.25.

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Sri. Halli Shatappa Basappa, learned counsel appearing for the petitioner, contended that the controversy in this writ petition is with regard to 17 guntas of land wherein the land forming part of the karab land, which neither belongs to the petitioner nor to the private respondents and that the same has to be utilised by the public for ingress and egress to the land in question. Therefore, he contended that the earlier phodi conducted in respect of the land in question is to be quashed and a fresh phodi is to be conducted to determine the extent of karab land belonging to the Government. and therefore argued that, the dispute cannot be resolved. Accordingly, he sought interference of this Court.

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Learned counsel appearing for the petitioner also referred to Rule 21 of the Karnataka Land Revenue Rules and submitted that the classification of the land has to be considered in this petition.

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HC-KAR

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NC: 2026:KHC:50591 WP No. 9305 of 2026

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CNR: KAHC010200372026

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Per contra, Sri. Aditya Diwakar, learned Additional Government Advocate appearing for the respondent-State sought to justify the impugned order passed by the respondent-authorities and submitted that the father of the petitioner had alienated a substantial extent of the land and that the karab land, which was incidental and proportionate to the extent of land in question which had been sold by the father of the petitioner and therefore, he sought dismissal of the writ petition.

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In the light of the arguments advanced by the learned counsel appearing for the parties and upon careful consideration of the same, it would indicate that the land bearing Sy.Nos.160/3 to 7 and 11 had already been converted for non-agricultural purposes. Further, it is forthcoming from the impugned orders that the respondent-authorities, after considering the material on record, have arrived at the conclusion that the order of conversion in respect of subject land has already been passed by the Deputy Commissioner on 13.01.2011. Accordingly, the respondent-authorities have held

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HC-KAR

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NC: 2026:KHC:50591 WP No. 9305 of 2026

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CNR: KAHC010200372026

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that the appeals filed by the petitioner herein deserve to be dismissed, as per Annexures-H and K.

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In that view of the matter, the contention raised by the learned counsel appearing for the petitioner with regard to the extent of 17 guntas of karab land in Sy.No.116 cannot be accepted, particularly when a substantial portion of the land in question belonging to the petitioner's joint family had been sold by his father and as such the finding recorded by the respondent authorities is just and proper.

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In that view of the matter, the revenue authorities have no jurisdiction to adjudicate upon the title dispute raised in the petition. Therefore, it is open for the petitioner to agitate his rights in respect of the land in question before the appropriate forum.

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Accordingly, I am of the opinion that both the authorities

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have properly analysed the rights of the parties in consonance with Rule 21 of the Karnataka Land Revenue Rules. Therefore, I am of the opinion that, as the land in question had been

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HC-KAR

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NC: 2026:KHC:50591 WP No. 9305 of 2026

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10 -

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CNR: KAHC010200372026

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converted way back in the year 2011, there is no merit in the

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writ petition.

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Accordingly, the writ petition stands dismissed .

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Sd/(E.S.INDIRESH) JUDGE

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List No.: 1 Sl No.: 15

Suresh v. the Deputy Director of Land Records

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Suresh v. the Deputy Director of Land Records

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