- 1 - NC: 2025:KHC:16776 WP No. 7399 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 7399 OF 2025 (KLR-RR/SUR) BETWEEN: C.S. MANJUNATHA S/O LATE SIDDARAMAPPA AGED ABOUT 35 YEARS R/O CHEERANAHALLI VILLAGE SHIVANI HOBLI, AJJAMPURA TALUK CHIKKAMAGALUR DISTRICT-577 547. …PETITIONER (BY SRI. R. SHASHIDHARA, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHIKKAMAGALUR DISTRICT CHIKKAMAGALUR-577 101. 2. THE ASSISTANT COMMISSIONER, CHIKKAMAGALUR SUB-DIVISION CHIKKAMAGALUR-577 101. 3. THE TAHSILDAR AJJAMPURA TALUK AJJAMPURA-577 547. …RESPONDENTS (BY SRI. V. SHIVA REDDY, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16776 WP No. 7399 of 2025 PASSED BY R-3 IN NO. LND.CR.78/2018-19 DATED 31.01.2025 VIDE ANNEXRE-E TO THE WRIT PETITION 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. The grant made in favour of the father of the petitioner was cancelled by the Assistant Commissioner. This cancellation was confirmed by the Appellate Tribunal. However, this Court in W.P.No.29469/1982 connected with W.P.No.5740- 5745/1983 set aside the order of cancellation passed by Assistant Commissioner and its affirmation by the Karnataka Appellate Tribunal (the KAT) and remanded the matter to the Deputy Commissioner by an order dated 04.07.1989. It is therefore clear that the cancellation of grant has been set aside way back in the year 1989. 2. It is however contended that though the matter was remanded to Deputy Commissioner, the Deputy - 3 - NC: 2025:KHC:16776 WP No. 7399 of 2025 Commissioner has not passed any orders regarding the validity of the grant. 3. The legal consequence of the order passed by this Court is that there is no cancellation of grant in the eye of law. Consequently, the khata would have to be registered in the name of the petitioner as the original grantee i.e., his father, who is no more. The impugned endorsement stating that the grant was cancelled and, therefore, khata cannot be made would obviously be untenable since the order of cancellation has been set aside by this Court. 4. Consequently, Annexure - E is quashed and the respondents are directed to register the name of the petitioner in the revenue records as the Kathedar. 5. Liberty is however reserved to the Deputy Commissioner to consider the validity of the grant as permitted by this Court in W.P.No.29469/1982 if it is - 4 - NC: 2025:KHC:16776 WP No. 7399 of 2025 so desirable, especially taking into consideration the long passage of time. 6. This petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 8