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2025 DAILYLAW 26169 (KAR)

SRI. RANGANATHA v. THE STATE OF KARNATAKA

WP/14171/2022 · 2025-04-25

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17146 WP No. 14171 of 2022 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. 14171 OF 2022 (KLR-RES) BETWEEN: 1. SRI. RANGANATHA AGED ABOUT 62 YEARS, S/O LATE RANGAIAH, R/OF HOSAGADDE VILLAGE, JAMMANAHALLI POST, BELAGODU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573214 …PETITIONER (BY SRI. H.R.MANJUNATHA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M S BUILDING, BANGALORE-560001 2. THE ASSISTANT COMMISSIONER SAKALESHPURA SUB DIVISION, SAKALESHPURA-573134 HASSAN DISTRICT. 3. THE TAHSILDAR SAKALESHPURA TALUK, SAKALESHPURA-573134 4. SRI MANJUNATH AGED ABOUT 47 YEARS, S/O LATE THIMMAIAH, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17146 WP No. 14171 of 2022 S/O RANGAIAH, 5. SRI ANANDA AGED ABOUT 45 YEARS, S/O LATE THIMMAIAH, S/O RANGAIAH, 6. SRI SHEKARA AGED ABOUT 45 YEARS, S/O LATE THIMMAIAH, S/O RANGAIAH, 7. SRI ANNAPPA AGED ABOUT 60 YEARS, S/O LATE LAKSHMIAHA S/O THIMMAIAH 8. SRI MALLESHA AGED ABOUT 58 YEARS, S/O LATE LAKSHMAIAH S/O THIMMAIAH, 9. SRI MOGAPPA AGED ABOUT 56 YEARS, S/O LATE LAKSHMAIAH S/O THIMMAIAH, R-4 TO R-9 ARE ALL R/OF HOSAGADDE VILLAGE, JAMMANAHALLI POST, BELAGODU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573214. 10. SRI RANGANATHA AGED ABOUT 55 YEARS, S/O LATE LAKSHMAIAH @ THIMMAIAH, 11. SRI VASANTHA AGED ABOUT 54 YEARS, S/O LATE LAKSHMAIAH @ THIMMAIAH, - 3 - NC: 2025:KHC:17146 WP No. 14171 of 2022 R-10 AND 11 ALL ARE R/OF SIDDAIAHNAGAR LAYOUT, B M ROAD, HASSAN-573201. 12. SRI BM MALLAIAH AGED ABOUT 77 YEARS, S/O SRI MALLAIAH, R/O BANAVASE VILLAGE, SAKALESHPURA TALUK, HASSAN DISTRICT-573214 13. SRI K E BASAVAIAH AGED ABOUT 67 YEARS, R/OF AMBEDKARNAGARA, BALLUPETE, BELAGODU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573214 14. SRI KENCHAIAH AGED ABOUT 60 YEARS, S/O LATE RANGAIAH, 15. SRI KRISHNAIAH AGED ABOUT 58 YEARS, S/O LATE RANGAIAH, 16. SRI JAYAKUMAR AGED ABOUT 56 YEARS, S/O LATE RANGAIAH, 17. SMT JAYAMMA W/O LATE CHANNAKESHAVAIAH, AGED ABOUT 63 YEARS, R-14 TO R-17 ARE ALL R/OF HOSAGADDE VILLAGE, JAMMANAHALLI POST, BELAGODU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573214 - 4 - NC: 2025:KHC:17146 WP No. 14171 of 2022 (THE RESPONDENTS 14 TO 17 ARE MADE AS FORMAL PARTIES AND AS SUCH NO RELIEF IS SOUGHT AGAINST THEM) …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD 08.06.2022, ISSUED BY THE R-2 IN PROCEEDINGS VIDE R.R.T.195/2020-21 VIDE ANNX-K IN SO FAR AS PETITIONER IS CONCERNED, ETC. 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 petitioner has challenged an endorsement by the Assistant Commissioner in relation to an appeal that he had preferred under Section 136(2) of the Karnataka Land Revenue Act, 1964. 2. The petitioner had challenged the order of mutation made in favour of the contesting respondents in HOA.46/1978-79. - 5 - NC: 2025:KHC:17146 WP No. 14171 of 2022 3. One of the contentions advanced was that there was no such HOA.46/1978-79 and therefore, the mutation was illegal. The Assistant Commissioner has proceeded to issue an endorsement and called upon the petitioner to approach the Civil Court. 4. Since the petitioner was basically questioning the basis on which the entry was made, it would be appropriate to direct the Assistant Commissioner to examine whether the entry that was made in the records were on the basis of an entry in HOA.46/1978-79 or not. 5. That having not been done, the order passed by the Assistant Commissioner cannot be sustained. 6. Consequently, the impugned endorsement dated 08.06.2022 is hereby quashed and the Assistant Commissioner is directed to examine the contentions raised by the petitioner in the appeal that was filed by him before the Assistant Commissioner and pass - 6 - NC: 2025:KHC:17146 WP No. 14171 of 2022 appropriate orders in accordance with law after hearing the concerned. 7. The 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 RK List No.: 1 Sl No.: 72