- 1 - HC-KAR NC: 2025:KHC:20555 WP No. 13236 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 13236 OF 2022 (KLR-RES) BETWEEN: 1. SMT BHAGYAMMA @ SOWBHAGYAMMA D/O LATE SRI ADVIYAPPA, SINCE DECEASED BY HER LRS SRI V S PRASANNA KUMAR, S/O LATE SRI SAVANDAIAH, AGED ABOUT 42 YEARS, R/AT DODDA VADAGERE VILLAGE MADHURE HOBLI, DODDABALLAPUR TALUK 561203 2. SMT SIDDAGANGAMMA D/O LATE SRI ADVIYAPPA, AGED ABOUT 69 YEARS, R/AT DODDA VADAGERE VILLAGE MADHURE HOBLI, DODDABALLAPUR TALUK 561203 3. SMT RENUKAMMA D/O LATE SRI ADVIYAPPA, AGED ABOUT 57 YEARS, R/AT DODDA VADAGERE VILLAGE MADHURE HOBLI, DODDABALLAPUR TALUK 561203 …PETITIONERS (BY SRI. R B SADASIVAPPA, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE DISTRICT COMPLEX DEVANAHALLI, BEERASANDRA VILLAGE KUNDANA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT 562110. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20555 WP No. 13236 of 2022 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDABALLAPURA 562110. 3. THE TAHASILDAR DODDABALLAPURA TALUK DODDABALLAPURA 562110. 4. SRI CHANDRASHEKARAIAH S/O LATE SRI GANGAIAH R/AT DODDA VADAGERE VILLAGE MADHURE HOBLI, DODDABALLAPUR TALUK 561203 5. SRI PARAMASHIVAIAH S/O LATE SRI GANGAIAH, R/AT DODDA VADAGERE VILLAGE MADHURE HOBLI, DODDABALLAPUR TALUK 561203 6. SRI SHIVAKUMAR S/O LATE SRI GANGAIAH, R/AT DODDA VADAGERE VILLAGE MADHURE HOBLI, DODDABALLAPUR TALUK 561203 …RESPONDENTS (BY SRI MANJUNATH K., HCGP FOR R1 TO R3 SRI BRIJESH KALAPPA ,ADVOCATE FOR R4 TO R6) THIS WP FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER DTD 14.06.2022 PASSED BY THE R1 IN CASE NO.RP.NO.144/2021 VIDE ANNEXURE-A AND CONSEQUENTLY REMANDED THE CASE FOR ADJUDICATION OF THE MATTER BY THE R1 AFTER DUE SERVICE OF NOTICE TO THE PETITIONERS HEREIN. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:20555 WP No. 13236 of 2022 CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER In this petition, the petitioners are assailing the order dated 14.06.2022 (Annexure-A) passed by the respondent No.1 in R.P.No.144/2021 wherein, the respondent No.1 directed the petitioners to establish their rights before appropriate forum in respect of the land in question. 2. Heard the learned counsel appearing for the petitioners and also learned counsel appearing for the respondents. 3. Sri R.B.Sadasivappa, learned counsel appearing for the petitioners invited the attention of this Court to the order passed by the revenue authorities, particularly with regard to the findings recorded by the Trial Court in O.S.No.24/2005 particularly referring to paragraph No.50, and submitted that the trial Court has made observation with regard to the allotment of shares made as per Ex.D3 in the said suit and further he contended that, the said suit came to be dismissed by the Trial Court. However, the declaration of the rights of the parties has to be considered only based on the - 4 - HC-KAR NC: 2025:KHC:20555 WP No. 13236 of 2022 allotment of shares as per Annexure-B. He further contended that, the said suit filed by the petitioners has been confirmed in R.A.No.9/2013 by the First Appellate Court, however, this Court, in RSA No.1625/2015, dated 23.4.2021, reserved liberty to the appellants/plaintiffs/petitioners herein to seek declaration of their title in respect of the properties in question. Therefore, the respondent No.1 has committed an error in directing the petitioners herein to seek declaration of their title in respect of subject land in question before appropriate forum, and therefore sought for interference of this Court. 4. Per contra, Sri Brijesh Kalappa, learned counsel appearing on behalf of the private respondents, invited the attention of the Court to the observations made in paragraph 50 of the Judgment in O.S.No.24/2005, in which, the trial Court dismissed the suit on 18.01.2013, and submitted that the rights of the parties have been crystallized by the Trial Court by dismissing the suit filed by the petitioners herein, which came to be confirmed by the First Appellate Court and that apart, the RSA No.1625/2015 came to be dismissed with an observation at paragraph No.3, - 5 - HC-KAR NC: 2025:KHC:20555 WP No. 13236 of 2022 wherein, liberty was reserved by this Court to the petitioners herein to establish their rights over the title in respect of the properties and therefore, no interference is called for in the impugned order at (Annexure-A). Accordingly, sought for dismissal of the petition. 5. Sri Manjunath K., learned High Court Government Pleader appearing for the respondents No.1 to 3, reiterated the submission made by the learned counsel for the private respondents. 6. Having taken note of the submissions made by the learned counsel appearing for the parties, and on careful examination of the findings recorded by the Trial Court in O.S.No.24/2005, wherein the petitioners herein filed a suit seeking relief of partition and separate possession in respect of their share in the suit schedule properties which came to be dismissed by the Trial Court and the same was confirmed by the First Appellate Court in R.A.No.9/2013 by order dated 15.6.2015. 7. In this back drop of undisputed facts, I have taken note of the observations made by this Court at paragraph No. 3 in RSA No.1625/2015, dated 23.4.2021. In that view of the matter, since - 6 - HC-KAR NC: 2025:KHC:20555 WP No. 13236 of 2022 the petitioners herein have to establish their rights in respect of the subject land, and that apart, the Civil Court and the First Appellate Court has already confirmed the claim made by the petitioners herein in respect of their shares in a suit filed for partition and separate possession in respect of the said land, I am of the considered view that, there is no infirmity in the impugned order passed by the respondent No.1 at Annexure-A. 8. Accordingly, the writ petition stands dismissed as devoid of merits. SD/- (E.S.INDIRESH) JUDGE HR