- 1 - NC: 2025:KHC:6218 WP No. 11145 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 11145 OF 2017 (LB-RES) BETWEEN: 1. SRI. NAGESH N AGED 35 YEARS, S/O NARASIMHAIAH P, R/AT NO.5/A, OPPOSITE POST OFFICE, VARTHUR ROAD, KENGERI SATELLITE TOWN, BENGALURU-560 060. …PETITIONER (BY SRI. RAMESH P L, ADVOCATE FOR SRI. PUNDIKAI ISHWARA BHAT., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, M S BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, PODIUM BLOCK, BENGALURU-560 001. 3. THE CHIEF OFFICER TMC, VIJAYAPURA, DEVANAHALLI TLAUK, BENGALURU RURAL DISTRICT-562 135. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6218 WP No. 11145 of 2017 4. SRI. M MUNIKRISHNAPPA, MAJOR, S/O GAREKELSADA MUNIYAPPA KARNATAKA DALITHA AND HINDULIDVARA KSHEMABHIVRUDHI TRUST MEDAHALLI, BENGALURU URBAN VIRGO NGARA POST BENGALURU-560 049. (VIDE COURT ORDER DATED 03.02.2023 R4 HAS BEEN DEAD, DISMISSED AND ABATED) 5. SRI VENKATASWAMY MAJOR, S/O GAREKELASADA MUNIYAPPA, R/AT VENKATARAMANASWAMY TEMPLE STREET, VIJAYAPURA TOWN, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 135. …RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R1 & R2; R3 IS SERVED AND UNREPRESENTED; WP AGAINST R4-DISMISSED AND ABATED VIDE ORDER DATED 03.02.2023) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 17.12.2016 PASSED BY THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT/R-2 IN PROCEEDINGS NO. MUN(1) APPEAL/CR/5/2012- 13(ANNEXURE-A) AND THE ORDER DTD 6.12.2012 PASSED BY THE CHIEF OFFICER, TMC, VIJAYAPURA /R-3 DIRECT TO CHANGE THE KAHATHA IN FAVOUR OF THE R- 4 & 5 IN RESPECT OF PROPERTIES BEARING KHANESHUMARI NO.2698/2290/1638/1654/1655/1649 (ANNEXURE-A1). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:6218 WP No. 11145 of 2017 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This petition is filed challenging dismissal of the Revision Petition by the Deputy Commissioner. 2. The petitioner was aggrieved by the order by which the khata in respect of the property-in-question was registered in favor of his brothers. The Deputy Commissioner has refused to entertain the Revision Petition stating that the parties were required to approach the competent Civil Court and the entries in the revenue records would be subject to the decision of the Civil Court. 3. Learned counsel submits that the suit filed by the petitioner has been dismissed for non-prosecution, but a petition for restoration is filed. 4. In my view, there is no infirmity in the order which warrants interference under Articles 226 and 227 of the Constitution of India. - 4 - NC: 2025:KHC:6218 WP No. 11145 of 2017 5. It is needless to state that, as already observed by the Deputy Commissioner, if there is a decree granted by the Civil Court in favour of the petitioner, the authorities are bound to abide by the said result. 6. Subject to the above observation, this writ petition is dismissed. 7. 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.: 8