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2025 DAILYLAW 28520 (KAR)

SRI K C NARAYANAGOWDA v. THE STATE OF KARNATAKA

WA/986/2024 · 2025-01-22

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:2623-DB WA No. 986 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 986 OF 2024 (KLR-RES) BETWEEN: 1. SRI K C NARAYANAGOWDA S/O LATE CHANNPPA AGED ABOUT 57 YEARS HUNASAMARANAHALLI POST JALA HOBLI, BENGALURU NORTH TALUK BENGALURU - 560 064. 2. SRI.CHANDRAPPA S/O LATE CHANNPAA AGED ABOUT 56 YEARS, HUNASAMARANAHALLI POST JALA HOBLI, BENGALURU NORTH TALUK BENGALURU - 56 0064. …APPELLANTS (BY SRI. PRAKASHA M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU -560 001. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:2623-DB WA No. 986 of 2024 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU-560 001. 3. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION BENGALURU -560 002. 4. THE TAHASILDAR BENGALURU NORTH (ADDL) TALUK YELAHANKA, BENGALURU -560 064. 5. SMT. CHANNAKRISHNAMMA W/O LATE BACHANNA AGED ABOUT 75 YEARS R/AT KOAGALAHATTI VILLAGE HUNASAMARAANAHALLI POST JALA HOBLI, BENGALURU NORTH TALUK BENGALURU-560 064. …RESPONDENTS (BY SRI. K.S.HARISH, G.A. FOR R1 TO R4; SRI. V.F.KUMBAR, ADVOCATE FOR C/R3) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN WRIT PETITION NO.8598/2023 (KLR-RES) DATED 13/06/2024 BY DISMISSING THE WRIT PETITION FILED BY THE APPELLANTS AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:2623-DB WA No. 986 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate for Mr. M. Prakasha for the appellants, learned Government Advocate Mr. K.S. Harish for respondent Nos.1 to 4 and learned advocate Mr..V.F. Kumbar for respondent No.5. 2. The present appeal is directed against the judgment and order dated 13.06.2024 of learned Single Judge, whereby Writ Petition No.8598 of 2023 filed by the petitioners-appellants was dismissed. 3. In the writ petition, a prayer was sought to call in question the order passed by the Deputy Commissioner confirming the order of the Assistant Commissioner whereby, the prayer for mutating the entry in the revenue records was refused. - 4 - NC: 2025:KHC:2623-DB WA No. 986 of 2024 4. The father of the petitioners-appellants was the owner of the land in question which land was sold in favour of the husband of respondent No.5 by a registered sale deed. It appears that mutation was effected in terms of the registered sale deed. Subsequently, the petitioners-appellants filed Original Suit No.519 of 2023 and asserted their ownership and the right, which suit came to be rejected under Order VII Rule 11 of Code of Civil Procedure, 1908 and the same is the subject matter of Regular First Appeal. 5. When the parties are already before the Civil Court agitating their rights and the issues of title and ownership are involved to be considered, the revenue authorities were eminently justified in not entertaining the request for mutation of the entry. 6. The mutation is only for revenue purposes and it cannot decide or reflect on the titular rights. The parties are before the Civil Court. No error could be noticed in the order of learned Single Judge. - 5 - NC: 2025:KHC:2623-DB WA No. 986 of 2024 7. The appeal is meritless and accordingly it is dismissed. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 8