Karnataka High Court
Sri Govinda Naik vs The State Of Karnataka on 2 December, 2025
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NC: 2025:KHC:50558-DB
W.A. No.588/2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2025
PRESENT
THE HON'BLE MRS. JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT APPEAL NO.588/2023 (KLR-RES)
BETWEEN:
1. SRI. GOVINDA NAIK
AGED 85 YEARS
S/O SOMA NAIK.
2. SRI. MANJUNATHA C.R.
Digitally signed by AGED 33 YEARS
ARSHIFA BAHAR S/O LATE RANJU NAIK.
KHANAM
Location: High
Court Of 3. SRI. RAVI NAIK
Karnataka AGED 33 YEARS
S/O VENKATESH NAIK.
4. SRI. GOVINDA NAIK
AGED 55 YEARS
S/O RAMJI NAIK.
5. SRI. KRISHNA NAIK
AGED 40 YEARS
S/O LATE NARASIMHA NAIK.
APPELLANTS 1 TO 5 ARE
R/O. CHOWKASANDRA VILLAGE
KASABA HOBLI, KANAKAPURA TALUK
RAMANAGARA DISTRICT-562159.
...APPELLANTS
(BY SRI. A. RAVISHANKAR, ADV.,)
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NC: 2025:KHC:50558-DB
W.A. No.588/2023
HC-KAR
AND:
1. THE STATE OF KARNATAKA
REVENUE DEPARTMENT
VIDHANA SOUDHA, BANGALORE-560001
REP. BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER
RAMANAGARA DISTRICT
RAMANAGARA-562159.
3. THE ASSISTANT COMMISSIONER
RAMANAGARA SUB DIVISION
RAMANAGARA DISTRICT-562159.
4. THE TAHSILDAR
KANAKAPURA TALUK
RAMANAGARA DISTRICT-562159.
5. THE CHIEF EXECUTIVE OFFICER
RAMANAGARA DISTRICT
RAMANAGARA-562159.
6. THE EXECUTIVE OFFICER
TALUK PANCHAYATH
KANAKAPURA TALUK
KANAKAPURA-562101.
7. THE ASSISTANT DIRECTOR OF
LAND RECORDS AND SURVEY
RAMANAGARA,
RAMANAGARA DISTRICT-562101.
8. THE PANCHAYATH DEVELOPMENT OFFICER
T. BEKUPPE VILLAGE, PANCHAYATH
KANAKAPURA TALUK
RAMANAGARD DISTRICT-562159.
...RESPONDENTS
(BY SMT. MAMATHA SHETTY, AGA FOR R1 TO R4 & R7
V/O/DTD:04.07.2023, SERVICE OF NOTICE TO R5, R6 &
R8 IS DISPENSED WITH)
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NC: 2025:KHC:50558-DB
W.A. No.588/2023
HC-KAR
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER
PASSED IN WP 26073/2022 BY THE LEARNED SINGLE JUDGE
OF THIS HON'BLE COURT DATED 24/02/2023, AND ALLOW WP
26073/2022 FILED BY THE APPELLANTS & ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN
and
HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This intra Court appeal is filed under Section 4 of the Karnataka High Court Act, 1961, challenging the order dated 24.02.2023 passed in W.P.No.26073/2022 (KLR- RES).
2. Sri.A.Ravishankar, learned counsel appearing for the appellants submits that the appellants have filed a writ petition seeking to set aside the notification issued by the respondent No.1 dated 19.09.2016, communications dated 19.09.2016 and 20.09.2016 and memorandum issued by the respondent No.2 dated 06.10.2016 on the -4- NC: 2025:KHC:50558-DB W.A. No.588/2023 HC-KAR ground that the appellants were granted land to the extent of 2 acres each in Sy.No.152 and in the said survey number where the appellants are in occupation, the Authorities intend to form a layout for allotment of sites under the Ashraya Scheme. It is submitted that the learned Single Judge, based on the sketch produced before the Court disposed of the writ petition holding that the petitioners may be rest assured that in terms of the survey sketch produced by the revenue authorities along with the memo dated 24.02.2023, only such portion of the Government lands which remains without being granted to other person, is being utilized to an extent of 6 acres 30 guntas for the purpose of Ashraya Scheme. It is submitted that contrary to the said assurance, the Authorities intend to form the layout in the lands allotted to the appellants.
3. Per contra, Smt.Mamatha Shetty, learned Additional Government Advocate for the respondent Nos.1 to 4 and 7 supports the order of the learned Single Judge -5- NC: 2025:KHC:50558-DB W.A. No.588/2023 HC-KAR and submits that pursuant to the direction of this Court dated 17.10.2025, a joint survey has been conducted in the presence of all the appellants and a survey sketch is produced. The said survey sketch clearly indicates that the formation of layout for the Ashraya Scheme is in different lands than the lands claimed by the appellants. Hence, she seeks to dismiss the appeal.
4. We have heard the learned counsel for the appellants, learned Additional Government Advocate for the respondent Nos.1 to 4 and 7 and meticulously perused the material available on record. We have given our anxious consideration to the submissions advanced on both the sides.
5. The primary contention of the appellants before the learned Single Judge as well as in this appeal is that the respondent-Authorities are taking steps for formation of Ashraya Scheme to the extent of 6 acres 30 guntas in the lands allotted / granted to the appellants. The learned -6- NC: 2025:KHC:50558-DB W.A. No.588/2023 HC-KAR Single Judge disposed of the writ petition with these observations at paragraphs 3 and 4 of the order of the learned Single Judge reads as under:
"3. Learned HCGP has today filed a memo along with survey sketch and other documents to show that the total extent of land in Sy.No.152 is 80 acres and 2 guntas. Learned HCGP has pointed out to the Survey sketch which shows the new survey numbers assigned to the lands granted to various persons including Sy.Nos.225, 226 belonging to the petitioners. Learned HCGP submits that the pink coloured portion marked in the survey sketch shows 6 acres and 30 guntas of land in Sy.No.152 which is now sought to be earmarked for the purpose of Ashraya Scheme. Learned HCGP submits that no portion of the lands already granted to various persons including the petitioners is said to be utilized for the said purpose.
4. In that view of the matter, this Court finds that the petitioners have rushed to this Court without ascertaining the proper facts. The petitioners may be rest assured that in terms of the survey sketch produced by the revenue authorities along with the memo dated 24.02.2023, only such portion of the Government lands which remains without being granted to any other person, is being -7- NC: 2025:KHC:50558-DB W.A. No.588/2023 HC-KAR utilized to an extent of 6 acres and 30 guntas for the purpose of Ashraya Scheme. No portion of the property belonging to the petitioners will be utilized by the revenue authorities for the said purpose."
6. The appellants, not being satisfied with the observations of the learned Single Judge have filed this appeal expressing similar apprehension that the Authorities though stated before the learned Single Judge that the layout for the Ashraya Scheme is formed in the remaining extent of the lands in Sy.No.152, however, they are actually forming the layout in the lands allotted to the appellants. This Court, vide order dated 17.10.2025 recorded that the dispute appears mainly with regard to the identification of the lands granted to the appellants in Sy.No.152 of T.Bekuppe Village, Kasaba Hobli, Kanakapura Taluk, and directed to conduct a joint survey. The respondents conducted a joint survey as ordered in the presence of the appellants on 06.11.2025. The sketch of the joint survey, mahazar drawn during the joint survey and the photographs are produced along with a memo -8- NC: 2025:KHC:50558-DB W.A. No.588/2023 HC-KAR dated 18.11.2025. A perusal of the joint survey sketch and other materials clearly indicate that the respondents intend to form the layout for the Ashraya Scheme in the markings shown as A, B, C, D, E and F of yellow colour of the sketch and the lands granted to the appellants are shown in different colour which are away from the proposed layout to be formed by the respondent- Authorities. In view of the same, the question of the appellants being dispossessed from their existing occupation would not arise.
7. Hence, we are of the considered view that the apprehension of the appellants that the allotment of the lands for the Ashraya Scheme and forming of the layout would come into their lands, is unfounded and without any basis. Accepting the memo and the joint survey, we make it clear that the formation of the Ashraya Scheme is away from the lands which are in occupation of the appellants. It is made clear that if the appellants are in excess of land than the granted land, then the Authorities are at liberty -9- NC: 2025:KHC:50558-DB W.A. No.588/2023 HC-KAR to take possession of the excess land in accordance with law.
With the above observations, the appeal is disposed of. No further orders are required to be passed.
No order as to costs.
Sd/-
(ANU SIVARAMAN) JUDGE Sd/-
(VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 25