- 1 - NC: 2025:KHC:15249 WP No. 16829 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 16829 OF 2023 (KLR-RES) BETWEEN: 1. SRI. MUNIKEMPAIAH S/O SRI PATALAPPA AGED ABOUT 65 YEARS RESIDING AT ITKALPURA VILLAGE HESARAGHATTA HOBLI, BANGALORE NORTH TALUK BANGALORE-560 064. SINCE DEAD BY LRs 1(A) SMT. KAVITHA .N W/O LATE MOHAN KUMAR AND D/IN LAW OF LATE MUNIKEMPAIAH AGED ABOUT 28 YEARS 1(B) SMT. SUPRIYA .M D/O LATE MUNIKEMPAIAH W/O SRI. SRINIVASAIAH .M.K AGED ABOUT 33 YEARS BOTH ARE R/AT ITAGALPURA VILLAGE HESARAGHATTA HOBLI BANGALORE NORTH TALUK BANGALORE-560 064. [CAUSE TITLE AMENDED V/O/D 06.06.2024] …PETITIONERS (BY SRI. M. SREENIVASA, ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15249 WP No. 16829 of 2023 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING, VIDHANA SOUDHA DR B.R. AMBEDKAR VEEDHI BANGALORE-560 001. REP BY ITS SECRETARY 2. THE SPECIAL DEPUTY COMMISSIONER BEHIND KANDAYA BHAVAN D.C. OFFICE COMPOUND K G ROAD, BANGALORE-560 009. 3. THE TAHASILDAR MINI VIDHANA SOUDHA YELAHANKA BANGALORE NORTH TALUK BANGALORE - 560 064. 4. SRI. RAMAKRISHNAPPA S/O LATE MUNISWAMAPPA AGED ABOUT 71 YEARS RESIDING AT ITKALPURA VILLAGE HESARAGHATTA HOBLI BANGALORE NORTH TALUK BANGALORE-560 064. 5. SRI. ANJANAPPA S/O LATE SUBBAIAH @ SUBBANNA AGED ABOUT 58 YEARS RESIDING AT ITKALPURA VILLAGE HESARAGHATTA HOBLI BANGALORE NORTH TALUK BANGALORE-560 064. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R3; SRI. A. BALAKRISHNA, ADVOCATE FOR R4; SRI. UMESH MOOLIMANI, ADVOCATE FOR R5) - 3 - NC: 2025:KHC:15249 WP No. 16829 of 2023 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE R2 WHICH ULTIMATELY RESULTED IN PASSING THE IMPUGNED ORDER ANNEXURE-A DATED 25.06.2005 AND ANNEXURE-B DATED 15.07.2000 MADE IN REVN.PETN.94/1999-2000, CORRECTING THE NAME OF THE VILLAGE AS CHOKKANAHALLI PASSED BY THE R2 THE SPECIAL DEPUTY COMMISSIONER, BANGALORE, QUASH THE CORRIGENDUM/ CORRECTION ORDER ANNEXURE-A DATED 25.06.2005 MADE IN REVN.PETN.94/1999-2000 PASSED BY THE R2 - THE SPECIAL DEPUTY COMMISSIONER, BANGALORE, PURPORTED TO HAVE BEEN CORRECTED THE NAME OF THE VILLAGE, ITTAGALPURA AS CHOKKANAHALLI, THEREBY THE HIDUVALI LAND BECOMES GOVT. LAND AND 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. An order of mutation made in Inheritance proceedings i.e., IHC.14/1983-84 was challenged by Ramakrishnappa - respondent No.4 herein. 2. The Deputy Commissioner has entertained this Revision and by the impugned order dated - 4 - NC: 2025:KHC:15249 WP No. 16829 of 2023 15.07.2000 has set aside the order passed in IHC.14/1983-84 which was passed on 23.12.1983. 3. In other words, at the instance of the petitioner, an order of mutation which was subsisting since 1983 has been set aside in the year 2000. 4. It is not in dispute that the katha was, in fact, standing in the name of Patalappa, the father of petitioner herein. If the katha of the property was standing in the name of Patalappa, obviously on his death, the entries will have to be mutated in favour of his successors. All that the revenue authorities had done on IHC.No.14/1983-84 to enter the name of the successors in the revenue records in the place of Patalappa. 5. In my view, this order could not have been challenged by respondent No.4, who admittedly does not have any right over the said land and was, in fact, making a claim for grant of this particular land. - 5 - NC: 2025:KHC:15249 WP No. 16829 of 2023 6. As already stated above, since the katha was standing in the name of Patalappa, the entry made in favour of his successors cannot be annulled so long as the entry in favour of Patalappa was not challenged. As a result, the impugned orders Annexures-A and B cannot be sustained and the same are quashed. 7. However, it is noticed that the Deputy Commissioner has made observations that the revenue records in respect of the land in question belongs to the Government. Notwithstanding this order, it would be open to the Deputy Commissioner to pass orders under Section 136(3) of the Karnataka Land Revenue Act, 1964, to examine whether the land in question belongs to the Government and the entries have been wrongly made, if he is so advised. Subject to the above, Writ Petition is, accordingly, disposed of. - 6 - NC: 2025:KHC:15249 WP No. 16829 of 2023 8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 28