- 1 - HC-KAR NC: 2025:KHC:24061 WP NO.31262 OF 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.31262 OF 2018 (KLR-RES) BETWEEN: SRI. M MURALIDHAR S/O LATE MUNISHAMAPPA AGED ABOUT 53 YEARS, R/AT NO.87, CHOWDESHWARI FARM, BHUVANAHALI VILLAGE, DODDASANE POST, DEVANAHALLI TALUK - 562 110. …PETITIONER (BY SRI. S. KALYAN BASAVARAJ, ADVOCATE) AND: 1. SRI. VENKATESHAIAH S/O LATE MODALAPPA AGED ABOUT 67 YEARS, R/AT NO.222/4, BAGUBALINAGAR, JALAHALLI, BENGALURU - 560 023. 2. KRISHNAPPA SINCE DEAD BY HIS LRS. 2(a). SMT. SUSHEELAMMA W/O LATE KRISHNAPPA AGED ABOUT 70 YEARS. 2(b). SMT. MEENAKSHI D/O LATE KRISHNAPPA AGED ABOUT 43 YEARS. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24061 WP NO.31262 OF 2018 2(c). SRI. SURESH BABU S/O LATE KRISHNAPPA AGED ABOUT 41 YEARS. 2(d). SRI. RAVICHANDRA S/O LATE KRISHNAPPA AGED ABOUT 39 YEARS. 2(e). SMT. KUSUMA D/O LATE KRISHNAPPA AGED ABOUT 32 YEARS. RESPONDENS 2(a) to 2(e) ARE R/AT BHUVANAHALLI VILLAGE, DODDASANE POST, DEVANAHALLI TALUK - 562 110. 3. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BENGALURU - 560 001. 4. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA, BENGALURU RURAL DISTRICT - 561 203. 5. THE TAHASILDAR DEVANAHALLI TALUK, DEVANAHALLI - 561 206. …RESPONDENTS (BY SRI. N. BAYYA REDDY, ADVOCATE FOR R1; SRI. C. ANANTH KUMAR, ADVOCTE FOR R2(a) to R2(e); SRI. MANJUNATH K., HCGP FOR R3 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 09TH OCOCTOBER, 2017 PASSED BY RESPONDENT NO.3-DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, BENGALURU IN REVISION PETITION NO.192/2017-18 VIDE ANNEXURE-A; AND ETC. - 3 - HC-KAR NC: 2025:KHC:24061 WP NO.31262 OF 2018 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the order dated 09th October, 2017 (Annexure-A) passed by the respondent No.3-Deputy Commissioner in Revision Petition No.192/2017-18. 2. Heard Sri. S. Kalyan Basavaraj, learned counsel appearing for the petitioner; Sri. N. Bayya Reddy, learned counsel appearing for the respondent No.1; Sri. C. Ananth Kumar, learned counsel appearing for respondents 2(a) to 2(e); and Sri. Manjunath K., learned High Court Government Pleader appearing for respondents 3 to 5. 3. Having heard the learned counsel appearing for the parties and on perusal of the writ papers, the same would indicate that the respondent No.3-Deputy Commissioner had directed the respondent No.5-Tahsildar to make necessary entries in the revenue records in respect of the land bearing Survey No.42/1A of Bhuvanahalli Village, Devenahalli Taluk - 4 - HC-KAR NC: 2025:KHC:24061 WP NO.31262 OF 2018 measuring to an extent of 26 guntas in favour of the legal heirs of the respondent No.2. However, on careful examination of the judgment and decree dated 11th March, 2004 (Annexure-D) passed in Original Suit No.233 of 2001 on the file of the Principal Civil Judge (Sr.Dn.), Bengaluru Rural District would indicate that the schedule mentioned in the decree is Survey No.42/1A of Bhuvanahalli Village, which provides for 9 guntas only. 4. In that view of the matter, I find force in the submission made by learned counsel appearing for the petitioner, accordingly, the impugned order dated 09th October, 2017 (Annexure-A) passed by the respondent No.3 in Revision Petition No.192/2017-18 is hereby set-aside to an extent of 26 guntas and same is restricted to 9 guntas in terms of the judgment and decree dated 11th March, 2004 (Annexure-D) passed in Original Suit No.233 of 2001 on the file of the Principal Civil Judge (Sr.Dn.), Bengaluru Rural District. 5. In view of setting aside and modifying the extent of land, the respondent No.5-Tahsildar is directed to restrict the land in favour of respondents 2(a) to 2(e) to an extent 9 - 5 - HC-KAR NC: 2025:KHC:24061 WP NO.31262 OF 2018 guntas instead of 26 guntas in Survey No.42/1A of Bhuvanahalli Village, Devanahalli Taluk, in terms of the judgment and decree referred to above, within an outer limit of two months from the date of receipt of this order. Accordingly, writ petition is disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 40