- 1 - NC: 2025:KHC:13490 WP No. 11036 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 11036 OF 2022 (KLR-RES) BETWEEN: 1. MR B SHIVANNA S/O LATE BANGARASHETTY, AGED ABOUT 56 YEARS, R/AT KALALE GRAMA KASABA HOBLI, NANJANGUD TALUK 571118, MYSURU DISTRICT. …PETITIONER (BY MISS. SHRUTHI.R., FOR SRI. B.S.RAVINDRA., ADVOCATE) AND: 1. MR B M MALLIKARJUNA @ AIYASWAMY S/O LATE K.M MAHADEVASHETTY AGED ABOUT 50 YEARS, R/AT KALALE GRAMA KASABA HOBLI, NANJANGUD TALUK 571118, MYSURU DISTRICT 2. THE ASSISTANT COMMISSIONER MYSURU SUB DIVISION, MYSURU D.C. OFFICE, MYSURU 570001. 3. TAHSILDAR TALUK OFFICE, NANJANGUD TALUK MYSURU DISTRICT 571301 4. THE DEPUTY COMMISSIONER D.C OFFICE BUILDING, MYSURU 570001 …RESPONDENTS (BY SRI. KUMARA.K.G., ADVOCATE FOR R-1; SMT. SAVITHRAMMA., AGA FOR R-2 TO R-4) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13490 WP No. 11036 of 2022 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, TO QUASH THE ANNEXURE-C,R2 IE.THE ASSISTANT COMMISSIONER,MYSORE SUB DIVISION,MYSORE PASSED AN ORDER DATED 02.11.2016 IN RRT/319/16(RRT 798/16-17), 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 order of the Deputy Commissioner dismissing the revision is called in question. 2. The Deputy Commissioner has basically accepted the finding of the Assistant Commissioner and has dismissed the revision. 3. The Assistant Commissioner by the order date 02.11.2016 had mutated the names, reducing the extent of the petitioner's holding from 1 acre 10 guntas to 1 acre 3 guntas, while retaining 22 guntas in the name of B.M.Mallikarjun @ Ayyasamy and indicating that 7 guntas were acquired for the purpose of the formation of a nala. - 3 - NC: 2025:KHC:13490 WP No. 11036 of 2022 4. It is the case of the petitioner that the nala has actually been acquired in the land belonging to B.M.Mallikarjuna and not in the land of B.Shivanna. 5. The Deputy Commissioner has noticed that the Taluk Surveyor has given a report to the effect that 7 guntas of lands were acquired in the petitioner's land and the Deputy Commissioner has accepted this finding of the Assistant Commissioner and has dismissed the revision. 6. In the light of this particular contention of the petitioner that 7 guntas of land was acquired out of B.M.Mallikarjuna's land, it would be appropriate to set aside the order of the Assistant Commissioner and the Deputy Commissioner and direct a survey to be conducted in the presence of the petitioner as well as respondent No.1 and, thereafter, determine as to whether the nala was acquired in the land belonging to the petitioner or respondent No.1. If it is found that, on survey, that the nala has been acquired in - 4 - NC: 2025:KHC:13490 WP No. 11036 of 2022 the land of the petitioner, the order of the Assistant Commissioner shall stand restored. If, on the other hand, it is found that the nala has been formed in the land of B.N.Mallikarjuna, the mutation shall be accordingly modified. 7. This writ petition is accordingly disposed of. 8. 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.: 1