- 1 - NC: 2025:KHC:17725 WP No. 9168 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 9168 OF 2025 (KLR-RES) BETWEEN: 1. SRI REVAIAH S/O LATE CHIKKAREVAIAH, AGE ABOUT 72 YEARS, RETIRED A.S.I. EXCISE DEPARTMENT B.M. ROAD, HASSAN -573 201 (NOT CLAIMED THE BENEFIT OF SENIOR CITIZEN) …PETITIONER (BY SRI. SHANTAKUMAR K C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REP. BY ITS PRINCIPAL SECRETARY M.S. BUILDINGS, AMBEDKAR VEEDI, BANGALORE-560001 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN 573201 3. THE ASSISTANT COMMISSIONER HASSAN SUB-DIVISION, HASSAN DISTRICT-573201 4. THE TAHASILDAR HASSAN TALUK, HASSAN DISTRICT-573201. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17725 WP No. 9168 of 2025 5. MARIYAPPA DEAD BY LRS. SMT. JAYAMMA W/O LATE MARIYAPPA, AGE MAJOR, 6. SMT. NINGAMMA W/O LATE MARIYAPPA, AGE MAJOR, 7. SRI. VEERABHADRA, S/O LATE MARIYAPPA, AGE 54 YEARS, 8. SRI. NANJUNDA, S/O LATE MARIYAPPA, AGE 41 YEARS, 9. SRI. BASAVARAJU, S/O LATE MARIYAPPA, AGE MAJOR. 10. SRI. SUVARANA, S/O LATE MARIYAPPA, AGE MAJOR 11. SRI. RAMA, S/O LATE MARIYAPPA, AGEMAJOR 12. SRI. SHIVANNA, S/O LATE MARIYAPPA, AGE MAJOR 13. SMT. SUNANDA D/O LATE MARIYAPPA, AGE MAJOR 14. SRI. REVANNA S/O LATE MARIYAPPA, AGE MAJOR - 3 - NC: 2025:KHC:17725 WP No. 9168 of 2025 R-5 TO 14 ARE R/AT SIDDAIAH NAGAR 5TH CROSS, B.M.ROAD, HASSAN -573201 15. SMT. NANDINI D/O LATE MRIYAPPA, AGE MAJOR, 16. SRI. VEERABHADRAPPA, S/O MARIYAPPA, AGE MAJOR, 17. SRI. VIJENDARA KUMAR S/O CHANNASIDDAIA, AGEMAJOR, 18. SRI. BASAVARAJU S/O MARIYAPPA, AGE 52 YEARS, 19. SRI. PRADEEP H.C.@ PRADEEPKUMAR, S/O CHANNASIDDAIAH, AGE 41 YEARS, 20. SRI VEERUPAKSHA @ GUNDA S/O. SIDDALINGAIAH, R-15 TO 20 ARE RESIDING AT SIDDAIAHNAGAR, B.M. ROAD, HASSAN TOWN -573201 …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP FOR R-1 TO R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD 02.11.23 PASSED IN RA 273/2018-19 BY THE R3 VIDE ANNX-H, ETC. - 4 - NC: 2025:KHC:17725 WP No. 9168 of 2025 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 khata was standing in the name of Javaramma, the mother of the petitioner. On her death, the khata was transferred in the name of the petitioner ostensibly on the ground that there was a bequest in his favor. This was challenged by the siblings of the petitioner and the Assistant Commissioner accepted the appeal and directed that the entries be continued in the name of the deceased Javaramma. Being aggrieved by this, a revision was preferred and the Deputy Commissioner has modified the order of the Assistant Commissioner and has directed that the khata be entered in the name of all the legal heirs of Javaramma including the petitioner. This order is challenged before this Court. - 5 - NC: 2025:KHC:17725 WP No. 9168 of 2025 2. Since the petitioner is claiming that there was a bequest in his favor, unless that bequest is established in a Civil Court and a declaration is obtained that he has exclusively succeeded to the property, the claim of the petitioner to register as the Khatedar cannot be entered. 3. It is also not in dispute that the siblings of the petitioner have instituted a suit in O.S.No.790/2018 seeking for partition and the same is pending consideration. Obviously, in the said suit, the bequest that the petitioner claims would also be adjudicated upon. 4. It is needless to state that the entries that are made pursuant to the order of the Deputy Commissioner would always be subject to the result of O.S.No.790/2018. - 6 - NC: 2025:KHC:17725 WP No. 9168 of 2025 5. I find no reason to entertain this writ petition. This writ petition is therefore dismissed subject to the above observations. 6. 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.: 9