Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 23019 OF 2025 (KLR-RES-PIL) BETWEEN:
1. SRI KEMPEGOWDA S/O. LATE RAMAIAH AGE 67 YEARS
2. SRI RUDRGOWDA S/O LATE MUTTURAPPA AGE 65 YEARS
3. SRI MURALI K.M.
S/O MUNEGOWDA AGE 34 YEARS Digitally signed by 4. SMT. GAYATHRI N.V. PRABHAKAR SWETHA S/O VENKATARAMAPPA KRISHNAN AGE 33 YEARS Location: High Court of Karnataka 5. SRI SHIVASHANKARA S/O ANJINAPPA AGE 43 YEARS PETITIONER Nos.1 TO 5 RESIDING AT #98 KUNTANAHALLI, DODDABALLAPURA ARALUMALLIGE POST BANGALORE RURAL DIST- 561 203. …PETITIONERS (BY SRI SURESHA N., ADVOCATE) -2- AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA AMBEDKAR VEEDI BENGALURU - 560 001 REPRESENTED BY ITS CHIEF SECRETARY.
2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT DEVANAHALLI - 562 110.
3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION
4. THE TAHSILDAR …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE PETITIONERS' REPRESENTATIONS TO RESERVE AND SAFE GUARD THE GOVERNMENT LAND FOR THE PURPOSE OF GRAZING AND FOR THE PURPOSE OF SCHOOL AND HOSPITAL AND ALSO FOR THE PURPOSE OF HOUSING AND ASHRAYA SCHEME AS PER ANNEXURE-F DATED 26.07.2024.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
-3- CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and
HON'BLE MR. JUSTICE C M JOSHI
ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE)
1. The petitioners have filed the present public Interest litigation, inter alia, praying as under:
"a) Issue a writ of mandamus directing the petitioners representation to reserve and safe guard the Government land for the purpose of grazing and for the purpose of school and hospital and also for the purpose of housing and Ashraya Scheme as per Annexure-F dated 26.07.2024. b) To pass such other order or orders, as this Hon'ble Court deems fit to grant in the circumstances of the case in the interest of justice and equity."
2. It is the petitioners' case that respondent No.2 had passed
an order to reserve Gomal/Grazing land in Survey Nos.33, 34 and 35, measuring 43 acres and 21 guntas in Kuntanahalli Village, Doddaballapura Taluk, Doddaballapura District and respondent No.1 had also issued a circular dated 05.01.2007 -4- directing the subject land to be maintained as Government reserve land for grazing purpose.
3. The petitioners state that they had approached respondent
No.1 to ensure that the subject land is not allotted for any other purpose. A similar representation was also made on 26.07.2024. The petitioners apprehend that the said representation has not been considered.
4. In view of the above, we consider it apposite to dispose of
the present petition by directing the respondents to ensure that the subject land is not encroached and in the event, it is encroached, it be cleared in accordance with law. The respondents shall also consider the representation of the petitioners in the event, it is proposed to allot the subject land for any other purposes. (VIBHU BAKHRU) CHIEF JUSTICE (C M JOSHI) JUDGE KPS, List No.: 1 Sl No.: 27