Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:21796 WP NO.16683 OF 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.16683 OF 2025 (KLR-RES) BETWEEN: VENKATACHALAIAH S/O LATE THIMMAIAH, AGED ABOUT 74 YEARS, VADDARAHALLI VILLAGE, KADABAGERE POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU DISTRICT - 562 130. …PETITIONER (BY SRI. G.M. ANANDA, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001.
REPRESENTED BY ITS SECRETARY.
2.
THE DEPUTY COMMISSIONER BENGALURU DISTRICT, BENGALURU - 560 001.
3.
THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION, BENGALURU - 560 001.
4. TAHSILDAR BENGALULRU NORTH TALUK, BENGALURU - 560 001.
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:21796 WP NO.16683 OF 2025
5.
C. THIMMARAJU S/O LATE CHIKKANNA, AGED ABOUT 66 YEARS, NO.1, AMARAVATHI NAGARA, 1ST MAIN ROAD, 1ST CROSS, BANGARPETE, KOLAR DISTRICT - 563 114. …RESPONDENTS (BY SRI. SIDDHARATH BABURAO, AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 07TH JUNE, 2024 PASSED BY THE RESPONDENT NO.2-DEPUTY COMMISSIONER IN CASE NO.R.P.116/2021 VIDE ANNEXURE-A; ORDER DATED 18TH JUNE, 2019 PASSED BY THE RESPONDENT NO.3-ASSISTANT COMMISSIONER IN CASE NO.R.A.(BN)120/2016-17 VIDE ANNEXURE-B AND THE
ORDER OF MUTATION IN MR.NO.2/2005-06 DATED 25TH JULY, 2005 PASSED BY THE RESPONDENT NO.4-TAHSILDAR VIDE ANNEXURE-C; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S. INDIRESH ORAL ORDER
Sri. Siddharth Baburao, learned Additional Government Advocate accepts notice for respondents 1 to 4.
2. In this writ petition, the petitioner is assailing the
order dated 07th June, 2024 (Annexure-A) passed by the respondent No.2 in Case No.R.P. No.116/2021; order dated 18th June, 2019 (Annexure-B) passed by the respondent No.3 in Case No. R.A.(BN)120/2016-17; and order of mutation in
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HC-KAR NC: 2025:KHC:21796 WP NO.16683 OF 2025
MR.No.2/2005-06 dated 25th July, 2005 (Annexure-C) passed by the respondent No.4-Tahsildar; inter alia sought for direction to the respondents 2 to 4 to enter name of the petitioner in revenue records in respect of the land in question.
3. Heard Sri. G.M. Ananda, learned counsel appearing for the petitioner and Sri. Siddharth Baburao, learned Additional Government Advocate appearing for respondents 1 to 4.
4. Having heard the learned counsel appearing for the parties and on perusal of the finding recorded by the respondents 2 and 3 in the impugned orders, the same would indicate that the change of entries in the revenue records has been made pursuant to the Compromise Decree passed in Original Suit No.646 of 2009 on the file of the Senior Civil Judge, Nelamangala. In this regard, though the learned counsel appearing for the petitioner submitted that the petitioner was not a party in the said Original Suit No.646 of 2009, however, it is forthcoming from the impugned order that the sister of the petitioner has filed Original Suit No.85 of 2013 on the file of the Civil Judge (Sr.Dn.), Nelamangala and the
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HC-KAR NC: 2025:KHC:21796 WP NO.16683 OF 2025
same came to be dismissed for default. In that view of the matter, as the change of entries has been made by the respondent-Authorities in terms of the Compromise Decree passed in Original Suit No.646 of 2009 on the file of the Senior Civil Judge, Nelamangala, I do not find any infirmity in the
order passed by the respondent-Authorities. Therefore, it is open for the petitioner to challenge the Compromise Decree passed in Original Suit No.646 of 2009, if so advised, in a manner known to law. With this observation, writ petition stands disposed of.
SD/- (E.S. INDIRESH) JUDGE
ARK List No.: 1 Sl No.: 37