- 1 - NC: 2025:KHC:14825 WP No. 6197 of 2025 C/W WP No. 6193 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6197 OF 2025 (KLR-RES) C/W WRIT PETITION NO. 6193 OF 2025 (KLR-RES) IN WP No. 6197/2025 BETWEEN: 1. KUMBINARASIMHAIAH S/O. LATE. GANGANARASAIAH AGED ABOUT 67 YEARS 2. NAGARAJU .G S/O LATE GANGANARASAIAH AGED ABOUT 64 YEARS 3. NARASIMHAMURTHY S/O. LATE. GANGANARASAIAH AGED ABOUT 51 YEARS ALL ARE AGRICULTURISTS AND RESIDENTS OF SIDDALINGAYYANAPALYA HAMLET OF KURUVELU VILLAGE URDIGERE HOBLI, TUMKUR TALUK TUMKUR DISTRICT - 572 101. …PETITIONERS (BY SRI. KISHAN .G.S, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14825 WP No. 6197 of 2025 C/W WP No. 6193 of 2025 REVENUE DEPARTMENT VIDHANA SOUDHA BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT CHAPRADAKALLU, BEERASANDRA HOBLI DEEVANAHALLI ROAD BANGALORE RURAL DISTRICT. 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION DODDABALLAPURA TOWN BANGALORE RURAL DISTRICT. 4. THE TAHASHILDAR NELAMANGALA TALUK NELAMANGALA BANGALORE RURAL DISTRICT. …RESPONDENTS (BY SRI. V. SHIVA REDDY, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE R-3 IN RUC (A) (N) NO. 59/2020 DATED 12.11.2024 (ANNEXURE-Y) IN SO FAR AS PETITIONER IN 4 ACRES LAND IN SY.NO. 47 OF MAKENAHALLI VILLAGE AND ETC. IN WP NO. 6193/2025 BETWEEN: 1. SMT. DODDAMMA W/O LATE PUTTARAMAIAH AGED ABOUT 71 YEARS 2. SRINIVASAIAH S/O LATE PUTTARAMAIAH AGED ABOUT 43 YEARS - 3 - NC: 2025:KHC:14825 WP No. 6197 of 2025 C/W WP No. 6193 of 2025 3. KRISHNAMURTHY S/O LATE PUTTARAMAIAH AGED ABOUT 56 YEARS 4. RANGAMMA D/O LATE PUTTARAMAIAH W/O LATE RAJANNA AGED ABOUT 49 YEARS 5. SRI. RAMASWAMY S/O LATE DODDARAMAIAH AGED ABOUT 45 YEARS 6. SRI. RAMESH S/O LATE DODDARAMAIAH AGED ABOUT 43 YEARS ALL ARE RESIDING AT BYATHA VILLAGE URUDIGERE HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT-572 140. ...PETITIONERS (BY SRI. KISHAN .G.S, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT CHAPRADA KALLU, BEERASANDRA HOBLI DEEVANAHALLI ROAD BANGALORE RURAL DISTRICT-562 110. 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDABALLAPURA TOWN BANGALORE RURAL DISTRICT-561 203. - 4 - NC: 2025:KHC:14825 WP No. 6197 of 2025 C/W WP No. 6193 of 2025 4. THE TAHASHILDAR NELAMANGALA TALUK NELAMANGALA BANGALORE RURAL DISTRICT-562 123. ...RESPONDENTS (BY SRI. V. SHIVA REDDY, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO. 3 IN RUC (A) (N) NO. 59/2020 DATED 12.11.2024 (ANNEXURE-M) IN SO FAR AS THE LAND OF THE PETITIONERS MEASURING 08 ACRES IN SY NO. 48 OF MAKENAHALLI VILLAGE WHICH IS THE SCHEDULE PROPERTY AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. It is noticed that the impugned order is passed by the Assistant Commissioner on the basis of the report said to have been submitted by the Thasildar on 02.09.2020 alleging that there are several irregular entries in the RTC. 2. The Assistant Commissioner has treated this report as an appeal under Section 49A of the Karnataka - 5 - NC: 2025:KHC:14825 WP No. 6197 of 2025 C/W WP No. 6193 of 2025 Land Revenue Act, 1964 (ACT) and has entertained it as an appeal at the behest of the Thasildar. 3. It cannot be in dispute that an appeal under Section 136(2) would lie only against an order in respect of a mutation of revenue entries. 4. The Assistant Commissioner could not have registered the appeal on the basis of a report of the Thasildar. It is, therefore, clear that the order of the Assistant Commissioner by treating the report of the Thasildar as an appeal cannot be sustained. Consequently, the impugned order is quashed. However, liberty is given to the Thasildar to re- submit the report dated 02.09.2020 or a fresh report to the Deputy Commissioner under Section 136(3) of the Act. 5. It is needless to state that since the order of the Assistant Commissioner has been set aside, if the Revenue entries are mutated against the petitioners, - 6 - NC: 2025:KHC:14825 WP No. 6197 of 2025 C/W WP No. 6193 of 2025 the same shall be restored in the name of the petitioners. These Writ Petitions are, accordingly, allowed. 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 54