Karnataka High Court
State Of Karnataka vs T Umashankar on 20 November, 2025
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WA No. 102 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT APPEAL NO. 102 OF 2025 (KLR-RES)
BETWEEN:
1. STATE OF KARNATAKA
REVENUE DEPARTMENT, VIKASA SOUDHA,
DR.AMBEDKAR ROAD, BANGALORE-560 001.
REPRESENTED BY THE PRL. SECRETARY.
2. THE DEPUTY COMMISSIONER,
BENGALURU URBAN DISTRICT,
KANDAYA BHAVANA, K.G.ROAD,
BENGALURU 560009.
3. THE ASSISTANT COMMISSIONER,
Digitally BENGALURU NORTH SUB-DIVISION,
signed by KANDAYA BHAVAN,K.G. ROAD BENGALURU - 560009.
SUMATHY
KANNAN
Location: 4. THE TAHSILDAR,
High Court of BENGALURU EAST TALUK,
Karnataka K R PURAM, BENGALURU-560036.
...APPELLANTS
(BY SMT. NAMITHA MAHESH B.G., AGA)
AND:
1. T UMA SHANKAR
S/O. LATE H.THIPPA REDDY,
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WA No. 102 of 2025
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AGED ABOUT 50 YEARS,
R/AT NO.22,
SATHYA SAI NALAYA,
CHINNAPPANAHALLI,
MARATHAHALLI,
BENGALURU-560037.
...RESPONDENT
(BY SRI. C SHANKAR REDDY, ADVOCATE)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO a)SET ASIDE THE ORDER
DATED 20/12/2023 PASSED BY THE LEARNED SINGLE JUDGE
IN WP NO.10551/2023 BY ALLOWING THIS APPEAL.
b)CONSEQUENTLY, DISMISS WRIT PETITION NO.10551/2023
FILED BY THE RESPONDENT.
THIS APPEAL, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. For the reasons stated in the application ‒ I.A.No.1/2025, the
same is allowed. The delay of 365 days in filing the appeal is
condoned.
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2. The appellants have filed the present appeal impugning an
order dated 20.12.2023 passed by the learned Single Judge of this
Court in W.P.No.10551/2023 (KLR-RES).
3. The respondent had filed the said writ petition impugning a
notice dated 21.10.2021 issued by the Tahsildar, Bengaluru East
Taluk under Section 104 of the Karnataka Land Revenue Act, 1964
[hereafter 'the KLR Act'] in respect of land measuring 1 acre and
10 guntas falling in Survey No.21/3 located at Chinnapanahalli
Village, K.R. Puram Hobli, Bengaluru East Taluk [subject land].
4. It was the petitioner's case that he was the owner in
possession of the land falling in Survey No.21/1 measuring 30
guntas out of which 7 guntas was kharab land; land falling in
Survey No. 21/2 measuring 3 acres out of which land to the extent
of 2 guntas was kharab land; and land falling in Survey No.21/3
measuring 2 acres and 34 guntas out of which 1 acre and 10
guntas was kharab land.
5. It is his case that nobody except his family was using the
said land and therefore, for more than 20 years the kharab land
was not being utilized for any public purpose. The petitioner had
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filed an application for issuance of an appropriate notification under
Section 68 (1) of the KLR Act. It is also claimed that the appellant
had issued a notification under Section 95 of the KLR Act for
conversion of the land to the extent of 2 acres and 38 guntas.
6. The learned Single Judge had proceeded on the basis that a
notification under Section 68(5) of the KLR Act had been issued
and therefore, directed the appellant to pass an appropriate order
under Section 68(6) of the KLR Act. Consequently, the learned
Single Judge also held that there is no jurisdiction to evict
petitioners under Section 104 of the KLR Act.
7. Learned Additional Government Advocate appearing for the
appellants states that an order has already been passed under
Section 68(5) of the KLR Act and therefore the kharab land could
not be granted. She submits that those orders were not brought to
the notice of the learned Single Judge.
8. In view of the aforesaid circumstances, learned Additional
Government Advocate prays that the present appeal be disposed
of with liberty to the appellants to file a review petition to bring to
the notice of the learned Single Judge the orders which are now
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sought to be relied upon. She also seeks time to place the
statement of objections along with the review petition.
9. The present appeal is disposed of with the aforesaid liberty.
10. Pending applications also stand disposed of.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C.M. POONACHA)
JUDGE
KS
