Karnataka High Court
Ramappa S/O Yamanappa Tugadalli vs The State Of Karnataka on 30 October, 2025
-1-
NC: 2025:KHC-D:14737
WP No. 101368 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 30TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 101368 OF 2024 (KLR-RES)
BETWEEN:
RAMAPPA
S/O YAMANAPPA TUGADALLI,
AGED ABOUT 48 YEARS,
OCC. AGRICULTURE,
R/O. MUGALKHOD, TQ. RAIBAGH,
DIST. BELAGAVI-591 235.
... PETITIONER
(BY SRI. RODDA VEERSHETTY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally signed by REPRESENTED BY PRINCIPAL SECRETARY,
CHANDRASHEKAR
LAXMAN KATTIMANI
Location: HIGH
REVENUE DEPARTMENT,
COURT OF
KARNATAKA
DHARWAD BENCH VIDHANA SOUDHA,
BENGALURU-560 001.
2. DEPUTY COMMISSIONER, BELAGAVI,
DIST. BELAGAVI-590 001.
3. THE TAHASILDAR, RAIBAGH,
TQ. RAIBAGH, DIST. BELAGAVI-591 317.
4. CHIEF OFFICER MUNICIPALITY MUGALKHOD,
TQ. RAIBAGH, DIST. BELAGAVI-591 235.
-2-
NC: 2025:KHC-D:14737
WP No. 101368 of 2024
HC-KAR
5. CHIEF OFFICER MUNICIPALITY,
HAROOGERI, TQ. RAIBAGH,
DIST. BELAGAVI-591 220.
6. CHIEF OFFICER, TOWN PANCHAYAT,
KANKANAWADI, TQ. RAIBAGH,
DIST. BELAGAVI-591 222.
... RESPONDENTS
(BY SMT. MALA B. BHUTE, AGA FOR R1 TO R3;
SRI. GIRISH A. YADAWAD, ADVOCATE FOR R4;
SMT. P.R. BENTUR, ADVCOATE FOR R5;
SRI. RAKESH S.HATTIKATAGI, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A
WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER
DATED 11.08.2023 VIDE BEARING NO.PÀæ.PÀA±Á/J¯ïfJ¯ï/«ªÀ-
49/2018-19 VIDE ANNEXURE-A, PASSED BY THE 2ND
RESPONDENT/DEPUTY COMMISSIONER, BELAGAVI AND ISSUE A
WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER
DATED 17.08.2023 VIDE BEARING NO.PÀæ.PÀA±Á/J¯ïfJ¯ï/¹Dgï-
49/2018-19 VIDE ANNEXURE-B PASSED BY THE 2ND RESPONDENT.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
This petition is filed assailing the order dated 11.08.2023
passed by the Deputy Commissioner in terms of which the
Deputy Commissioner has directed the Tahsildar to assign
certain Government land for the purpose of solid waste
management.
NC: 2025:KHC-D:14737
HC-KAR
2. The total extent of the land in Survey No.238 of
Mugalkhod Village, Taluk Raibag, is 27 acres 35 guntas. The
Deputy Commissioner has ordered to assign 5 acres of land to
Harugeri Municipality, 5 acres of land to Mugalkhod Municipality
and 5 acres of land to Kankanwadi Municipality.
3. The petitioner is before this Court on the premise
that he is in possession of the property since many years and his
application seeking regularization of the grant is pending as
such, it is urged that unless the petitioner's claim is adjudicated
and unless the petitioner is evicted in due process of law, the
land could not have been granted to the aforementioned
Municipalities.
4. Learned counsel appearing for respondent No.4
would submit that the petitioner's claim relating to regularization
of unauthorized occupation to the extent of 4 acres 10 guntas is
already rejected by the Deputy Commissioner in terms of order
dated 25.09.2024.
NC: 2025:KHC-D:14737
HC-KAR
5. The learned Additional Government Advocate has
also produced the copy of the order vide memo dated
03.02.2022.
6. This Court has perused the said order.
7. The application is filed by petitioner seeking
regularization to the extent of 4 acres 10 guntas is rejected.
8. It is also noticed that the plaintiff had filed a suit
against the Government in respect of the very same property in
O.S.No.343/2010 on the file of Principal Civil Judge, Raibag. Said
suit is dismissed. Against which, R.A.No.71/2014 is filed on the
file of Senior Civil Judge, Raibag. Said the appeal is also
dismissed on 12.07.2016 confirming the judgment and decree
dated 29.11.2014 passed in O.S.No.343/2010.
9. In addition to that, it is also noticed that the
petitioner has filed Writ Petition No.100534/2021. Same is also
dismissed vide order dated 16.03.2023.
NC: 2025:KHC-D:14737
HC-KAR
10. This Court has observed that the Government can
take possession of the property only in the manner known to law
and not otherwise.
11. This Court does not find any error in the order passed
by the Deputy Commissioner wherein the land is assigned to
three Municipalities for the purpose of Solid Waste Management.
12. Hence, the petition is dismissed.
13. It is submitted that the petitioners have cultivated a
portion of the property in dispute.
14. The Deputy Commissioner shall not take any steps to
dispossess the petitioner till the crops grown as of now are
harvested as found to be in cultivation of petitioner as per the
survey report.
Sd/-
(ANANT RAMANATH HEGDE)
JUDGE
CLK
CT:BCK
