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Karnataka High Court
Sri Govinda Naik vs The State Of Karnataka on 2 December, 2025
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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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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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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
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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
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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
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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
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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
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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
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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
