- 1 - NC: 2025:KHC:17210 WP No. 11789 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 11789 OF 2025 (KLR-RES) BETWEEN: 1. SMT. MUNIYAMMA @ SAROJAMMA W/O LATE NARAYANAPPA D/O CHIKKANNA @ MARIYANNA AGED ABOUT 66 YEARS 2. SRI. VENKATESH S/O LATE NARAYANAPPA AGED ABOUT 55 YEARS 3. SRI. VIJAYAKUMAR, S/O LATE NARAYANAPPA AGED ABOUT 45 YEARS 4. SMT. NAGAVENI S/O LATE NARAYANAPPA AGED ABOUT 40 YEARS ALL ARE RESIDING AT NO.27 MANGALA LAYOUT, SITE PALYA BENGALURU NORTH BENGALURU-560 032. …PETITIONERS (BY SRI. S.P. SHANKAR, SENIOR ADVOCATE FOR SRI. C. VIJAYA KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17210 WP No. 11789 of 2025 THE PRINCIPAL SECRETARY DEPARTMENT REVENUE MS BUILDINGS, BENGALURU 560 001. 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR-563 101. 3. THE ASSISTANT COMMISSIONER KOLAR SUB-DIVISION, KOLAR-563 101. 4. THE TAHSILDAR KOLAR TALUK, KOLAR-563 101. 5. SRI DODDALINGAPPA S/O ADIVAPPA MAJOR 6. SRI. NANDEESH S/O CHIKKA LINGAPPA MAJOR 7. SRI. BEERAPPA S/O LATE ADIVAPPA MAJOR 8. SRI. MANJUNATH S/O LATE ADIVAPPA MAJOR R5 TO R8 ARE R/AT SHETTIMADAMANGALA VILLAGE SUGATURU HOBLI KOLAR TALUK-563 102. 9. SMT. RATHNAMMA D/O LATE ADIVAPPA MAJOR RESIDING AT HARIHARAPURA VILLAGE AVALAGURKI POST CHIKKABALLAPUR TQ. AND DISTRICT-577 120. - 3 - NC: 2025:KHC:17210 WP No. 11789 of 2025 10. SMT. NEELAMMA D/O LATE ADIVAPPA MAJOR RESIDING AT SEEGEHALLI VILLAGE YALLURU POST, SRINIVASAPUR TALUK KOLAR DISTRICT-563 138. 11. SMT. LAKSHMIDEVI D/O LATE ADIVAPPA MAJOR RESIDING AT CHIGALUR VILLAGE BUDIKOTE HOBLI, BANGARPET TALUK KOLAR DISTRICT-563 114. …RESPONDENTS (BY SRI. V. SHIVA REDDY, AGA FOR R1 TO R4; SRI. M.H. PRAKASH, ADVOCATE FOR C/R5) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 11.03.2025 IN RAP NO.340/2024 PASSED BY THE DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR A COPY OF WHICH IS PRODUCED AT ANNEXURE-H. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioners preferred an appeal under Section 136(2) of the Karnataka Land Revenue Act challenging an order of mutation made vide M.R.No.8/90-91 and M.R.No.H 17/21-22. This appeal was allowed and the name of the petitioners were - 4 - NC: 2025:KHC:17210 WP No. 11789 of 2025 directed to be entered in the revenue records as the legal representatives of the Khatedar. 2. The respondents herein filed a revision to the Deputy Commissioner under Section 136(3) of the Act. The Deputy Commissioner has allowed the revision principally on the ground that the petitioner herein had in fact challenged the very same M.R.No.8/90-91 by filing an appeal to the Assistant Commissioner under Section 136(2) in R.A.No.66/99-2000 and the said appeal was actually dismissed on 04.12.2010 and notwithstanding the said dismissal, the petitioners had proceeded to prefer an appeal for the second time in R.A.No.353/2023 and this was obviously impermissible. 3. It is also noticed by the Deputy Commissioner that the petitioners had instituted a suit in O.S.No.140/2022 seeking for a declaration and the suit was dismissed in non-prosecution. However, it is also noticed therein that as against the order of - 5 - NC: 2025:KHC:17210 WP No. 11789 of 2025 dismissal for non-prosecution, a miscellaneous petition in Misc.P.No.9/2024 is filed and the same is pending consideration. 4. In my view, in the light of the fact that M.R.No.8/90- 91 was upheld way back in the year 2010 by the dismissal of the appeal filed by the petitioners, the petitioners could not have preferred an appeal for the second time in the year 2023. Consequently, the order Deputy Commissioner cannot be found fault with. 5. However, it is also to be stated here that in the event the petitioners were to secure a decree that they have succeeded to the property exclusively in O.S.No.140/2022, the revenue entries will obviously stand mutated in accordance with said decree. Until then, the decrees will have to be in accordance with M.R.No.8/90-91 and not as per the order of the Assistant Commissioner. - 6 - NC: 2025:KHC:17210 WP No. 11789 of 2025 6. Subject to the above, 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.: 63