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Karnataka High Court
S. Venkatesh S/O Subramani vs The State Of Karnataka on 18 February, 2026
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WA No. 100319 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 18TH DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE M.I.ARUN
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
WRIT APPEAL NO. 100319 OF 2022 (GM-RES)
BETWEEN:
1. S. VENKATESH S/O. SUBRAMANI,
AGED ABOUT 38 YEARS,
R/AT HOUSE NO. 14, 30TH WARD,
AMBEDKAR NAGAR, VAKAI CAMP,
NEAR WELCOME BOARD, T.B. DAM,
HOSAPETE, VIJAYANAGARA DISTRICT - 583 225.
2. S.NAGARAJ S/O. APPALASWAMY,
AGED ABOUT 44 YEARS,
R/AT HOUSE NO: A70, 14TH WARD,
NEAR AJINEYA TEMPLE, DRESS CAMP,
T.B. DAM, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 225.
3. G.M.MANJUNATH S/O. SHIVASHANKARIAH,
Digitally signed by
AGED ABOUT 39 YEARS,
VISHAL R/AT PARVATHI NILAYA, BEHIND CITI HOSPITAL,
NINGAPPA
PATTIHAL M.J.NAGAR, 2ND CROSS, 29/52 DAM ROAD,
Location: High HOSAPETE, VIJAYANAGARA DISTRICT- 583 225.
Court of
Karnataka,
Dharwad Bench,
Dharwad 4. MALLAIAH O.M S/O. SHIVAMURTHIAH.O.M,
AGED ABOUT 46 YEARS,
R/AT DOOR NO 28, DAM ROAD, KEB COLONY,
HOSAPETE, VIJAYANAGARA DISTRICT - 583 225.
5. NARASHIMHULU S/O. ERANNA,
AGED ABOUT 73 YEARS,
R/AT PCL COLONY, NETAJI NAGAR,
13TH WARD,T.B. DAM, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 225.
6. SUNANDA.P W/O. K. SRINIVASULU,
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AGED ABOUT 46 YEARS,
R/AT HOUSE NO. 1/2 PLC,13TH WARD,
T.B.DAM, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 225.
7. N. KRISHNA BABU S/O. N.VEERAPPA,
AGED ABOUT 52 YEARS,
R/AT HOUSE NO:-D-47, OFFICIAL COLONY,
T.B. DAM, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 225.
8. J. PARVATHI W/O. N. KRISHNA BABU,
AGED ABOUT 45 YEARS,
R/AT HOUSE NO:394, NARAYANA REDDY
BUILDING, 31ST WARD, NEHRU COLONY,
1ST CROSS, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 225.
9. K. SHEKHAR S/O. NARASHIMHULU,
AGED ABOUT 44 YEARS,
R/AT PLC1/2, NETAJI NAGAR,
T.B. DAM, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 225.
10. N. BAGYAMMA W/O. VEERAPPA,
AGED ABOUT 73 YEARS,
R/AT D. NO.D-47, OFFICIAL COLONY,
T.B. DAM, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 225.
11. NAGARAJ S/O. BASAVARAJ SHIVASHIMPRA,
AGED ABOUT 44 YEARS,
R/AT HOUSE NO-12, 12TH WARD,
BALLARI ROAD, KEB COLONY,
SIRUGUPPA-POST, BALLARI - 583 121.
12. MEENAXI W/O. LATE SHIVAKUMAR JAVALI,
AGED ABOUT 38 YEARS,
R/AT 7THWARD, NEAR AIRTEL TOWER,
BASAVESHWAR BADAVANE, KOTTUR,
BALLARI - 583 201.
13. VADIRAJ BHAT S/O. H.D ANAND BHAT,
AGED ABOUT 59 YEARS,
R/AT HOUSE NO. 94/A, SRI KRISHNA,
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8TH CROSS, B.D.C.C BANK COLONY,
M.J. NAGAR, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 225.
14. M. RAVI S/O. A. MANIKAM,
AGED ABOUT 58 YEARS,
R/AT MURALI NILAYAM, 9TH CROSS,
M.J.NAGAR, NEAR 100 BED HOSPITAL,
HOSAPETE, VIJAYANAGARA DISTRICT - 583 225.
15. J.DINESH KUMAR S/O. Y. JOHN,
AGED ABOUT 21 YEARS,
R/AT HOUSE NO.120, BEHIND CHURCH,
VANKAI CAMP, T.B.DAM,
HOSAPETE, VIJAYANAGARA DISTRICT-583201.
16. J. JAYA PRAKASH S/O. Y. JOHN,
AGED ABOUT 23 YEARS,
R/AT HOUSE NO. 120, BEHIND CHURCH
VANKAI CAMP, T.B.DAM, HOSAPETE,
VIJAYANAGARA DISTRICT-583201.
17. N. VENKATARAMANA, S/O GURUMURHTY,
AGED ABOUT 51 YEARS,
R/AT DOOR NOD-39,OFFICIAL COLONY,
NISHANI CAMP, T.B. DAM,
HOSAPETE, VIJAYANAGARA DISTRICT-583201
18. G. MALLIKARJUNA S/O. VENKATARAMANAPPA,
AGED ABOUT 46 YEARS,
R/AT HOUSE NO:484, 31TH WARD,
GANDHI COLONY, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 201.
19. MOHAMED RAFIQ S/O. ALLA BAKSHI HOUSE,
AGED ABOUT 48 YEARS,
R/AT NO.1072, 7TH WARD, NEAR AIRTEL TOWER,
BASVESHWAR NAGAR, KOTTUR,
VIJAYANAGARA DISTRICT - 583 201.
20. NIJALINGGA S/O. PAMPAPATHI. K,
AGED ABOUT 47 YEARS,
R/AT HOUSE NO. 3/A, I.R.B QUARTERS,
HOSAHALLI, MUNIRABAD, KOPPAL- 583 211.
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21. SHIVAKUMAR S/O. KULLAYAPPA
C/O. SUBBARAO NAGALAKXMI,
AGED ABOUT 48 YEARS,
R/AT NEAR ROYAL ORCHID HOTEL,
STATION ROAD, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 201.
22. SHASHIDHARA. Y S/O. D. JAYANAIK,
AGED ABOUT 46 YEARS,
R/AT HOUSE NO. 131, I.R.B QUARTERS,
HOSAHALLI, MUNIRABAD, KOPPAL - 583 211.
23. YASHODA. G W/O. VEERABADRAGOUDA,
AGED ABOUT 40 YEARS,
R/AT: T HOUSE NO. 233, I.R.B QUARTERS,
MUNIRABAD, KOPPAL- 583 211.
24. SHARANAPPA S/O. VEERABASAPPA,
AGED ABOUT 46 YEARS,
R/AT HOUSE NO.37,I.R.B QUARTERS,
HOSAHALLI, MUNIRABAD, KOPPAL-583211
25. HANAMAPPA M. LAKKUNDI S/O. MALAPPA,
AGED ABOUT 48 YEARS,
HOUSE NO.27/C, I.R.B. QUARTERS,
HOSAHALLI, MUNIRABAD, KOPPAL - 583 211.
26. SAMMENA WAZ.R W/O. RASHEED BASHA,
AGED ABOUT 44 YEARS,
HOUSE NO: 19/B, I.R.B QUARTERS,
HOSAHALLI, MUNIRABAD, KOPPAL - 583 211.
27. MAHADEVI H. W/O. GURAPPA H.,
AGED ABOUT 45 YEARS,
R/AT HOUSE NO.8/A, I.R.B POLICE QUARTERS,
HOSAHALLI, MUNIRABAD, KOPPAL - 583 211.
28. LAKSHMAN GOUDA
S/O. DEVENDRA GOUDA POLICE PATIL,
AGED ABOUT 34 YEARS, R/AT ARAKERE,
KUKNUR TALUK, KOPPAL- 583 232.
29. SHIVAKUMAR GOUDA K.N S/O. NAGENDRAPPA,
AGED ABOUT 48 YEARS,
R/AT: KADABAGERE VILLAGE,
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DAVENGERE - 583 125.
30. U. ANAND S/O. OBALESHAPPA,
AGED ABOUT 38 YEARS,
R/AT: KAYVALAPURA, KUDLIGI,
VIJAYANAGARA DISTRICT - 583 201.
31. NINGAPPA JAYAPPA KURIVINASHETTY
S/O. JAYAPPA,
AGED ABOUT 43 YEARS,
R/AT HOUSE NO.387, KOTILINGA NAGAR,
GOKUL ROAD, HUBALLI - 580 030.
32. DARIYAPPA S. AARI S/O. SIDDAPPA,
AGED ABOUT 41 YEARS,
R/AT HOUSE NO. 106, I.R.B QUARTERS,
HOSAHALLI, MUNIRABAD, KOPPAL - 583 211.
33. MANJA NAIK S/O. HANAMANAIK,
AGED ABOUT 41 YEARS,
R/AT ARASAPURA VILLAGE, KADLEBALU POST,
DAVANGERE - 577 589.
34. HANUMA NAYAKA S/O. THAVARENAIK,
AGED ABOUT 61 YEARS,
R/AT ARASAPURA VILLAGE,
KADLEBALU POST, DAVANGERE - 577 589.
35. ROHINI L. H. W/O. JAYANAIK C.,
AGED ABOUT 53 YEARS,
R/AT VIJAYAPURA (CHIKKABASAPURATANDA),
HONNALIDAVANGERE - 577 217.
36. M. RAMANJANEYULU S/O. YERRAPPA,
AGED ABOUT 42 YEARS,
R/AT HOUSE NO.E-3, HES COLONY,
NEAR HANUMAN TEMPLE, T.B.DAM,
HOSAPETE, VIJAYANAGARA DISTRICT - 583 225.
37. SAKAMURI NARESH S/O. RAMACHANDRAIAH,
AGED ABOUT 40 YEARS,
R/AT QTR NO.E-5, HES COLONY,
NEAR ANJINEYA TEMPLE, T.B.DAM,
HOSAPETE, VIJAYANAGARA DISTRICT - 583 225.
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38. KOTIGE SREENIVASULU S/O. K. NAGARAJ,
AGED ABOUT 48 YEARS,
R/AT HOUSE NO.E-6, HES COLONY, T.B.DAM,
HOSAPETE, VIJAYANAGARA DIST - 583 225.
39. PRASAD K. S/O. LATE APPA RAO. K,
AGED ABOUT 34 YEARS,
R/AT VENKATESHWARA NILAYAM, 30TH WARD,
H.E.S ROAD, NEAR OLD ESI HOSAPITAL,
T.B.DAM, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 225.
40. M. VENKATESH S/O. MUTHUKRISHNA.K,
AGED ABOUT 49 YEARS,
R/AT HOUSE NO.425, 30TH WARD,
KSP SHOP LINE AMBEDKAR NAGAR,
T.B.DAM, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 225.
41. K. PRASAD BABU S/O. K. VENKATAPPA,
AGED ABOUT 47 YEARS,
GOVT. AYURVEDA DISPENSARY,
BUKKASAGARA, HOSAPETE - 583 132.
42. K. PRATIMA SHANTHA KUMAR
W/O. K. SHANTHA KUMAR,
AGED ABOUT 49 YEARS,
R/AT HOUSENO.1164/2, VIDYANIKETAN
SCHOOL, 6TH CROSS, NEAR BALANJANEYA
TEMPLE, M.J. NAGAR, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 225.
43. B. KUMARASWAMY
S/O. B. NARAYANASWAMY JANNA REDDY,
AGED ABOUT 56 YEARS,
R/AT COLONY INFANTRY ROAD,
CANTONMENT, BALLARI - 583 106.
44. S. RAJALAKSHMI D/O. S. LAKSHMANA,
AGED ABOUT 52 YEARS,
R/AT 74/2WARD, RANGAPPA STREET,
MILLERPET, BALLARI - 583 101.
45. SHANTHA. S.M W/O. VEERESH.S.M,
AGED ABOUT 35 YEARS,
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HC-KAR
R/AT HOUSE NO.A/1194, WARD NO.13TH,
OPP. TSPL LTD., INDIRA NAGAR,
T.B. DAM HOSAPETE,
VIJAYANAGARA DIST. - 583 225.
46. LAKSHMI M W/O. LATE M. NAGI REDDY,
AGED ABOUT 47 YEARS,
R/AT: HOUSE NO. 1298, WARD 13TH,
OPP TSPL LTD., INDIRA NAGAR, T.B.DAM,
HOSAPETE, VIJAYANAGARA
DISTRICT - 583 225.
47. S.F. SHASTRIMATHA S/O. PALAKSHAYYA,
AGED ABOUT 67 YEARS,
R/AT MAHAVEER CHALET, FLAT NO201,
BASAVANPURA MAIN ROAD, BHATTRAHALLI
SIGNAL, BATTRAHALLI,
BANGALORE - 560 049.
48. N. RAVITEJA S/O. G.N. THIPPESWAMY,
AGED ABOUT 27 YEARS,
R/AT PLOT NO.48, 30TH WARD,
SONIA NAGAR, T.B.DAM, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 225.
49. K. THULASI W/O. K. RAJU,
AGED ABOUT 45 YEARS,
R/AT HOUSE NO. 259, NEAR CSI CHURCH,
EV CAMP, T.B.DAM, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 225.
50. SYED AMEEN S/O. KHALEEL AHMED MARIKARMI,
AGED ABOUT 27 YEARS,
R/AT PLOTNO.96, NEAR KMF,
BALLARI - 583 104.
51. NAVEEN KUMAR S/O. A. BHASKAR RAO,
AGED ABOUT 27 YEARS,
R/AT HOUSENO.437, MANJUSHRI NILAYA,
OPP. HONDA BIKE SHOWROOM,
AMARAVATHI MAIN ROAD, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 211.
52. SHIVAJI RAO KADAM S/O. SHANMUKHAPPA,
AGED ABOUT 46 YEARS,
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R/AT WARD NO. 9, NEAR JANDA KATTE,
S.L CHOWKI, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 201.
53. SYED ALAM S/O. MOHAMED,
AGED ABOUT31 YEARS,
R/AT 1-2-36/1-2-155,1ST WARD,
NEAR SAROJAMMA WOMENS COLLEGE,
RAMPURPET, GANGAVATHI,
KOPPAL DISTRICT - 583 235.
54. SUREKHA. P. W/O. NARESH KUMAR,
AGED ABOUT 35 YEARS,
ASSISTANT ACCOUNTS OFFICER,
OFFICE OF ASSISTANT EXECUTIVE ENGINEER (ELE)
O&MURBANSUB-DIVISION-2,
GESCOM, T.B.DAM ROAD, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 225.
55. J. BASAVARAJ S/O. J. VENKAPPA,
AGED ABOUT 51 YEARS,
R/AT 11TH WARD, KUNI ATPO,
KAMLAPUR, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 221.
56. K. TEJAMURTHY S/O. NAGAPPA,
AGED ABOUT 51 YEARS,
R/AT 14THWARD, KAMLAPUR, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 221.
57. KUMARSWAMYK. S S/O. GANGAPPA S.,
AGED ABOUT 52 YEARS,
R/AT NALLAPURAMETRI POST, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 139.
58. R. GOPAL S/O. P. RAJU,
AGED ABOUT 56 YEARS,
16TH WARD, N R HEREKERI KAMLAPUR,
HOSAPETE, VIJAYANAGARA
DISTRICT - 583 221.
59. R. BALARAJU S/O. P.RAJU,
AGED ABOUT 61 YEARS,
R/AT16TH WARD, NR HEREKERI KAMLAPUR,
HOSAPETE, VIJAYANAGARA
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DISTRICT - 583 221.
60. S. SHIVANNA S/O. SIDAPPA,
AGED ABOUT 45 YEARS,
R/AT HOSACHINNAPUR METRI,
HOSAPETE, VIJAYANAGARA - 583 201.
61. M.GURUPRASAD S/O. NAGARAJU,
AGED ABOUT 36 YEARS,
R/AT HOUSENO.259, 8TH WARD,
B.C.M HOSTEL COLONY, MAREMANHALLI,
HOSAPETE, VIJAYANAGARA
DISTRICT - 583 221.
62. VENKATESH R S/O. OMPRAKASH,
AGED ABOUT 32 YEARS,
R/AT 3RD CROSS, 15TH WARD, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 201.
63. S. JAYAMANI W/O. A. SUNDANAWADIVELU,
AGED ABOUT 45 YEARS,
R/AT 9TH WARD, TEACHERSCOLONY,
MPP NAGAR, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 201.
64. A. VENKATESHWARLU S/O. VENKATARAMANA,
AGED ABOUT 51 YEARS,
R/AT QTR NO. S/9, MARUTHI NAGAR,
T.B.DAM, HOSAPETE,
VIJAYANAGARA DIST - 583 221.
65. MASTHAN SAB S/O. LATE SRI IMAMSAB,
AGED ABOUT 53 YEARS,
R/AT13THWARD,MEENAGARA ONI,
KAMLAPUR, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 221.
65. S. CHANDRASHEKAR S/O. PRABAKAR SHETTY,
AGED ABOUT 54 YEARS,
R/AT: NEAR GOVT AYURVEDA DISPENSARY,
NAGENAHALLI HOSAPETE,
VIJAYANAGARA DISTRICT - 583 221.
67. RAGHAVENDRA.P S/O. RAMASUBBA NAIDU.P.,
AGED ABOUT 34 YEARS, R/AT WARDNO.07,
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KAMPLI, KOTTAL, BALLARI DISTRICT - 583 132.
68. A. SOUMYA S/O. A. BHASKAR RAO,
AGED ABOUT 24 YEARS,
R/AT HOUSE NO. 437, MANJUSHRI NILAYA,
AMARAVATHI MAIN ROAD, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 211.
69. NAGARAJU. A S/O. A. RAMANNA,
AGED ABOUT 43 YEARS,
R/AT26-B, 13TH WARD, NEAR GANESH TEMPLE,
PLC, T.B.DAM, HOSAPETE,
VIJAYANAGARA DISTRICT - 583 221.
... APPELLANTS
(BY SMT. ANUSHA KULKARNI, ADV. FOR
SRI. K. RAGHAVENDRA RAO & SMT. V. VIDYA, ADVS)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF PUBLIC WORKS,
PORTS AND INLAND WATER
TRANSPORT DEPARTMENT (KPWD)
VIKAS SOUDHA, M.S BUILDINGS,
DR. AMBEDKAR ROAD, BENGALURU - 560 001,
REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE KARNATAKA HOUSING BOARD,
KAVERI BHAVAN, K.G ROAD,
BENGALURU - 560 009,
REPRESENTED BY ITS COMMISSIONER.
3. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA HOUSING BOARD,
KAVERI BHAVAN,
K.G ROAD, BENGALURU-560 009.
... RESPONDENTS
(BY SRI. G.K. HIREGOUDAR, PGA FOR R1;
SRI. H.R. GUNDAPPA, ADV. FOR R2 & R3)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO, SET-ASIDE THE JUDGMENT AND
ORDER PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NO.103901/2021 (GM-RES) DATED 22.04.2022, ALLOW THIS WRIT
APPEAL AND GRANT SUCH OTHER RELIEFS AS THIS HON'BLE COURT
DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE, IN THE
INTEREST OF JUSTICE AND EQUITY.
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THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN
AND
THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE M.I.ARUN)
Certain lands were acquired by respondent No.2-
Karnataka Housing Board. However, subsequently, the State
claimed that the said lands are required for establishment of
various government offices and that the use of the said lands
has been diverted for the said purpose. However, it is not in
dispute that the lands acquired have been put to public use.
2. Appellants are neither the owners of the lands
concerned nor do they have any right over the property.
They are said to be the persons belonging to weaker sections
of the society and intended to benefit from the houses to be
allotted by the respondent No.2-Karnataka Housing Board.
Hence, they preferred W.P. No.103901 of 2021 with the
following prayers:
"a. declare the impugned action of the Respondents
in diverting the use of TSPL lands acquired by
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them as reflected in the newspaper item published
in the kannada dailly newspaper Prajavaani,
Ballari edition on 17.09.2021 found at Annexure-F
for any other purpose other than for which it is
notified by Respondent No.2 as per the public
notification dated 09.08.2019 in No. KaGruMum/
UPraVya (GraaSee)/Hanchike-8/2019-20 found at
Annexure-A is unconstitutional and the same is in
violation of the fundamental rights guaranteed to
the petitioners and other persons who are
similarly situated; and
b. issue a writ mandamus to Respondent No.2 to
utilize the TSPL lands acquired by it for the
purpose for which it is acquired as reflected in the
public notification dated 09.08.2019 in no.
KaGruMum/ UPraVya (GraaSee)/Hanchike-8/
2019-20 issued by Respondent No.2 found at
Annexure-A.
allow this writ petition with costs and grant such
other reliefs as this Hon'ble Court deems fit to
grant in the circumstances of the case, in the
interest of justice and equity."
3. The learned Single Judge, after hearing the
parties concerned, on the ground that the petitioners do not
have any right over the property concerned and on the
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ground that they do not have locus standi to challenge the
decision of the respondents, has dismissed the writ petition.
Aggrieved by the same, the present writ appeal is filed.
4. The appellants have failed to show as to what is
the right which has crystallized in their favour and that the
same has been violated by the respondents. Admittedly, the
appellants have no right whatsoever on the lands concerned.
It is for the State, which has acquired the lands, to put the
lands to proper use, and it is not in dispute that the same
has been used for establishment of various government
offices, which is for a public purpose. Under the said
circumstances, we do not find any error in the order passed
by the learned Single Judge and the writ appeal is hereby
dismissed.
Sd/-
(M.I.ARUN)
JUDGE
Sd/-
(B. MURALIDHARA PAI)
JUDGE
KMS / CT: ASC
List No.: 1 Sl No.: 34
