- 1 - NC: 2025:KHC:16675 WP No. 6847 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6847 OF 2025 (KLR-RES) BETWEEN: SRI. CHANNAPPA .M AGED ABOUT 55 YEARS S/O LATE MUNIYAPPA R/AT HOOVINAYAKANAHALLI VILLAGE JALA HOBLI, YELAHANKA TALUK BENGALURU NORTH - 560023. …PETITIONER (BY SRI. RAMESH KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPT. BY ITS SECRETARY DEPARTMENT OF REVENUE MULTISTORIED BUILDINGS BENGALURU 560 001. 2. THE SPECIAL DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU-560002. 3. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION BENGALURU - 02. 4. THE TAHSILDAR YELAHANK TALUK, YELAHANKA BENGALURU - 560 064. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16675 WP No. 6847 of 2025 SRI. KRISHNAPPA S/O LATE ONI THIMMAPPA DEAD BY HIS LRS. 5. SRI. GOPAL K. AGED ABOUT 45 YEARS S/O LATE KRISHNAPPA 6. SRI. THIMMEGOWDA AGED ABOUT 43 YEARS S/O LATE KRISHNAPPA 7. SRI. RAVIKUMAR @ PANDURANGA K AGED ABOUT 41 YEARS S/O LATE KRISHNAPPA 8. SRI. SAMPATH KUMAR AGED ABOUT 39 YEARS S/O LATE KRISHNAPPA NO. 5 TO 8 ARE RESIDING AT HOOVINAYAKANAHALLI VILLAGE JALA HOBLI, YELAHANKA TALUK BANGALORE NORTH - 560023. 9. SMT. PUSHPAVATHI AGED ABOUT 35 YEARS D/O LATE KRISHNAPPA W/O VASUDEVAN T.V. R/AT NO.36-53, SANNADGUDU SLUM BENGALURU NORTH (BBMP) RAILWAY PARALLEL ROAD YESHWANTHPURA, BENGALURU 560 022. 10. SRI. DEVARAJ AGED ABOUT 35 YEARS S/O LATE MUNIYAPPA 11. SRI. MUNIRAJA AGED ABOUT 33 YEARS S/O LATE MUNIYAPPA - 3 - NC: 2025:KHC:16675 WP No. 6847 of 2025 12. SMT. BHAVYA AGED ABOUT 31 YEARS D/O LATE MUNIKRISHNAPPA NO. 9 TO 12 ARE RESIDING AT HOOVINAYAKANAHALLI VILLAGE JALA HOBLI, YELAHANKA TALUK BENGALURU NORTH 560023. 13. SRI. MUNIYAPPA @ MUNIGA AGED ABOUT 33 YEARS S/O LATE BACHAPPA RESIDING AT HOOVINAYAKANAHALLI VILLAGE JALA HOBLI, YELAHANKA TALUK BENGALURU NORTH - 560023. 14. SMT. MUNIYAMMA AGED ABOUT 92 YEARS D/O LATE BACHAPPA RESIDING AT HOOVINAYAKANAHALLI VILLAGE JALA HOBLI, YELAHANKA TALUK BENGALURU NORTH- 560023. 15. SRI. MUNIKRISHNAPPA AGED ABOUT 52 YEARS D/O LATE MUNIYAPPA RESIDING AT HOOVINAYAKANAHALLI VILLAGE JALA HOBLI, YELAHANKA TALUK BENGALURU NORTH- 560023. …RESPONDENTS (BY SRI. V. SHIVAREDDY, AGA FOR R1 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET-ASIDE THE IMPUGNED ORDER DATED 04.02.2025 IN REVISION PETITION NO.240/2023 PASSED BY THE 2ND RESPONDENT IN DISMISSING THE PETITION FILED BY THE PETITIONER HEREIN AND ALSO TO SET-ASIDE THE IMPUNGED ORDER DATED 16.08.2016 IN RA(BNA)103/2016-17 PASSED BY THE 3RD RESPONDENT IN DISMISSING THE APPEAL OF THE PETITIONER HEREIN, IN RESPECT OF LAND BEARING SY.NO.45/5 - 4 - NC: 2025:KHC:16675 WP No. 6847 of 2025 MEASURING 27 GUNTAS, SITUATED AT HOOVINAYAKANAHALLI VILLAGE, JALA HOBLI, YELAHANKA TALUK EARLIER BENGALURU NORTH TALUK FOR TRANSFER OF REVENUE ENTRIES i.e., ANNEXURE-A AND B AND ETC. THIS PETITION, 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. An appeal was preferred under Section 136(2) of the Karnataka Land Revenue act, 1964 by Muniyamma and Munikrishnappa claiming to be the legal representatives of Bachamma in whose favor the Special Deputy Commissioner had passed an order granting her occupancy rights. They basically contended that the entry of Krishnappa in the revenue records under a sale deed could not be sustained since the sale deed pertains to Sy.No.45/6, but his name had been entered in the revenue records in respect of Sy.No.45/5 which had been granted in favor of Bachamma. 2. The Assistant Commissioner accepted this plea and allowed the Appeal and directed the name of Krishnappa to be deleted from the revenue records in respect of - 5 - NC: 2025:KHC:16675 WP No. 6847 of 2025 Sy.No.45/5 and directed the names of Muniyamma and Munikrishnappa to be entered in the revenue records. 3. This order appears to have been challenged by Krishnappa in R.P.No.311/2016-17 and the same was disposed of by the Deputy Commissioner on 19.06.2018. Notwithstanding the disposal of the earlier revision, Muniyappa filed another revision in R.P.No.240/2023 challenging the very same order. 4. The Deputy Commissioner taking note of the earlier revision petition being disposed of on 19.06.2018, held that the second revision was hit by the principles of res judicata and dismissed the revision. It is against this order of the Deputy Commissioner, the present petition is filed by Channappa, who claims to be one of the legal representative of Bachamma and he is asserting that his name is required to be entered in the revenue records. 5. It is settled law that the Tahsildar or the Revenue Authorities are incompetent to adjudicate upon the relationship between the Khatedar and the person claiming to be the legal heir and whenever a claim of this - 6 - NC: 2025:KHC:16675 WP No. 6847 of 2025 nature is sought to be made, the appropriate remedy would be to approach the Civil Court, get an appropriate declaration, which would bind the Revenue Authorities. 6. In that view of the matter, in my view, the present petition would be untenable and the same is dismissed. 7. Reserving liberty to the petitioner to approach the Civil Court and establish that he is one of the legal heirs of Bachamma and has also succeeded to the property along with the appellants, who had filed the appeal, i.e., Muniyappa and Munikrishnappa. If such a decree is obtained by the petitioner, it is needless to state that the revenue authorities would bind by such a decree. 8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 19