Writ Petition No. 6500 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:17567 WP No. 6500 of 2023 C/W WP No. 6335 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6500 OF 2023 (KLR-RES) C/W WRIT PETITION NO. 6335 OF 2023 (KLR-RES) IN WP No. 6500/2023 BETWEEN: SMT. RUKMINI .V W/O PRAKASH KUMAR .M AGED ABOUT 46 YEARS R/AT NO. 1482 OPPOSITE P.N. PARK PIPELINE ROAD, VIJAYANAGAR BENGALURU – 560040. (BY SRI. PRASANNA .B.R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT VIKASA SOUDHA DR B.R AMBEDKAR VEEDHI BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVANA, K G ROAD BANGALORE - 560009. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA …PETITIONER - 2 - NC: 2025:KHC:17567 WP No. 6500 of 2023 C/W WP No. 6335 of 2023 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION KANDAYA BHAVANA K G ROAD, BENGALURU – 560009. 4. THE TAHSILDAR BENGALURU SOUTH TALUK KANDAYA BHAVANA, K G ROAD BENGALURU - 560009.
Legal Reasoning
5. SMT. MAHADEVAMMA W/O SIDDAPPA AGED ABOUT 71 YEARS R/AT BASAVANAPALYA VILLAGE THAVAREKERE POST AND HOBLI BENGALURU SOUTH TALUK - 562130. 6. SMT SHIVAMMA W/O SHANKARAPPA AGED ABOUT 64 YEARS R/AT KACHIGUPPA VILLAGE HAROHALLI HOBLI, KALAGANAHALLI POST KANAKAPURA TALUK – 562112. 7. SRI. MALLIKARJUNA S/O LATE GANGAPPA AGED ABOUT 52 YEARS 8. SRI. JAYANNA S/O SHIVARUDRAPPA AGED ABOUT 41 YEARS 9. SRI. RAJAPPA S/O LATE GANGAPPA AGED ABOUT 53 YEARS R7 TO R9 ARE R/AT MANAMANHALLI VILLAGE KASABA HOBLI, THIMMASANDRA POST RAMANAGARA TALUK - 561201. - 3 - NC: 2025:KHC:17567 WP No. 6500 of 2023 C/W WP No. 6335 of 2023 10. SMT. NAGAMMA W/O SOMANNA AGED ABOUT 61 YEARS R/AT CHANDRA LAYOUT BENGALURU - 560040. 11. SMT. SHARADA W/O SADASHIVAIAH AGED ABOUT 55 YEARS R/AT BYDARAHALLI VILLAGE THAVAREKERE POST AND HOBLI MAGADI TALUK - 562130. 12. SMT. SUSHEELAMMA W/O VEERANNA AGED ABOUT 53 YEARS R/AT KEMPAPURA VILLAGE KADUR HOBLI, BETTAHALLI POST MAGADI TALUK - 561 101. 13. SMT. GOWRAMMA W/O SHAMANNA AGED ABOUT 52 YEARS R/AT MANAMANHALLI VILLAGE KASABA HOBLI, THIMMASANDRA POST RAMANAGARA TALUK - 561 201. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R4; SRI. D.P. MAHESH, ADVOCATE FOR R5 TO R13) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-2, THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, IN CASE NO.R.P.376/2021 DATED 14.02.2023, VIDE ANNEXURE-S AND ORDER OF R-3, THE ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB- DIVISION, BENGALURU DATED 14.07.2020 NO.173/2018-19 VIDE ANNEXURE-N AND ETC. IN CASE - 4 - NC: 2025:KHC:17567 WP No. 6500 of 2023 C/W WP No. 6335 of 2023 ...PETITIONER IN WP NO. 6335/2023 BETWEEN: SMT. RUKMINI .V W/O. PRAKASH KUMAR .M AGED ABOUT 46 YEARS R/AT NO. 1482, OPPOSITE J.P.N. PARK PIPELINE ROAD, VIJAYANAGAR BENGALURU-560 040. (BY SRI. PRASANNA .B.R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT VIKASA SOUDHA DR. B. R. AMBEDKAR VEEDHI BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVANA, K.G. ROAD BENGALURU-560 009. 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION KANDAYA BHAVANA, K.G. ROAD BENGALURU-560 009. 4. THE TAHSILDAR BENGALURU SOUTH TALUK KANDAYA BHAVANA K.G. ROAD, BENGALURU-560 009. 5. SMT. MAHADEVAMMA W/O. SIDDAPPA AGED ABOUT 71 YEARS - 5 - NC: 2025:KHC:17567 WP No. 6500 of 2023 C/W WP No. 6335 of 2023 R/AT BASAVANAPALYA VILLAGE THAVAREKERE POST AND HOBLI BENGALURU SOUTH TALUK-562 130. 6. SMT. SHIVAMMA W/O. SHANKARAPPA AGED ABOUT 64 YEARS R/AT KACHIGUPPA VILLAGE HAROHALLI HOBLI, KALAGANAHALLI POST KANAKAPURA TALUK-562 112. 7. SRI. MALLIKARJUNA S/O. LATE GANGAPPA AGED ABOUT 52 YEARS 8. SRI. JAYANNA S/O. SHIVARUDRAPPA AGED ABOUT 41 YEARS 9. SRI. RAJAPPA S/O. LATE GANGAPPA AGED ABOUT 53 YEARS R7 TO R9 ARE R/AT MANAMANHALLI VILLAGE KASABA HOBLI, THIMMASANDRA POST RAMANAGARA TALUK-561 201. 10. SMT. NAGAMMA W/O. SOMANNA AGED ABOUT 61 YEARS R/AT CHANDRA LAYOUT BENGALURU-560 040. 11. SMT. SHARADA W/O. SADASHIVAIAH AGED ABOUT 55 YEARS R/AT BYDARAHALLI VILLAGE THAVAREKERE POST AND HOBLI MAGADI TALUK-562 130. - 6 - NC: 2025:KHC:17567 WP No. 6500 of 2023 C/W WP No. 6335 of 2023 12. SMT. SUSHEELAMMA W/O. VEERANNA AGED ABOUT 53 YEARS R/AT KEMPAPURA VILLAGE KADUR HOBLI, BETTAHALLI POST MAGADI TALUK-561 101. 13. SMT. GOWRAMMA W/O. SHAMANNA AGED ABOUT 52 YEARS R/AT MANAMANHALLI VILLAGE KASABA HOBLI, THIMMASANDRA POST RAMANAGARA TALUK-561 201. ...RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R4; SRI. D.P. MAHESH, ADVOCATE FOR R5 TO R13) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-2 THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, IN CASE No.RP.377/2021 DATED 14.02.2023, VIDE ANNEXURE-S AND ORDER OF R-3, THE ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB- DIVISION, BENGALURU, DATED 14.07.2020 NO.172/2018-19 VIDE ANNEXURE-N AND ETC. IN CASE THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. Orders of mutation made in favour of the petitioner was challenged by preferring appeals to the Assistant Commissioner under Section 136(2) of the Karnataka Land Revenue Act, 1964 (for short, ‘the Act’) was - 7 - NC: 2025:KHC:17567 WP No. 6500 of 2023 C/W WP No. 6335 of 2023 sought to be contended that the petitioner had obtained a decree of partition in O.S. No.1549 of 2007 and the entries ought to have mutated on that basis. 2. The Assistant Commissioner accepted the appeals and directed the mutation be made in favor of the petitioner as per the decree of partition granted in their favor in O.S. No.1549 of 2007. 3. 4. 5. The Deputy Commissioner has affirmed the said same in revisions. Being aggrieved of the same, the petitioner is before this Court. It may not be necessary to delve into the merits of the case since it is not in dispute that the petitioner has filed a suit in O.S. No.2087 of 2022 seeking for a declaration that she is the owner of the property on the basis of the sale deed dated 09.09.2015 and the said sale deed is binding on the contesting - 8 - NC: 2025:KHC:17567 WP No. 6500 of 2023 C/W WP No. 6335 of 2023 respondents herein. A declaration is also sought for in the said suit that the decree of partition obtained by the petitioner in O.S. No.1549 of 2007 was not binding on the petitioner. 6. In my view, in light of these prayers made in O.S. No.2087 of 2022, all that is required to be done is to hold that the entries that have been made in the revenue records would be subject to the result of O.S. No.2087 of 2022. If O.S. No.2087 of 2022 is decreed, the revenue entries should stand accordingly mutated. Subject to the above, the writ petitions are dismissed. In view of the disposal of the petition, all pending
Decision
interlocutory applications, if any, stand disposed of. 7. 8. 9. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 125