- 1 - HC-KAR NC: 2025:KHC:25298 WP No. 19352 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 19352 OF 2024 (KLR-RR/SUR) BETWEEN: SRI SHANKARAPPA AGED ABOUT 42 YEARS S/O LATE PAPANNA AMBEDKAR NAGAR KOLAR 563101 KOLAR DISTRICT. …PETITIONER (BY SRI. MUNI REDDY M N., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR - 563101. 2. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION KOLAR - 563101. 3. THE TAHSILDAR KOLAR TALUK MALUR - 563101. 4. SRI MOHAMEED SADIQ AGED ABOUT 59 YEARS S/O LATE SHIEK AHAMED Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25298 WP No. 19352 of 2024 5. R/A 801, 2AC, 1ST BLOCK HRBR LAYOUT, KALYANANAGAR BANGALORE 560043. SRI. MUNISWAMY @ SUBAIAH S/O A.K.KALAPPA AGE MAJOR, 2ND CROSS, KOTE KOLAR – 563101. …RESPONDENTS (BY SRI. KEMPANNA., AAG A/W SMT. NAVYA SHEKHAR., AGA FOR R1 TO R3 SRI. V. LAKSHMINARAYANA., SR. ADVOCATE A/W SRI. CHAND PASHA., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 16.07.2024 IN R.A.P.NO. 101/2024 PASSED BY THE R-1 DEPUTY COMMISSIONER, KOLAR, PRODUCED AS ANNX-A AND GRANT AN INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS PURSUANT TO THE ORDER DTD. 16.07.2024 IN R.A.P.NO. 101/2024 PASSED BY THE R-1 DEPUTY COMMISSIONER, KOLAR, PRODUCED ALONG WITH THIS PETITION AS ANNX-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the order dated 16.07.2024 in R.A.P.No.101/2024 passed by respondent No.1 (Annexure 'A'). - 3 - HC-KAR NC: 2025:KHC:25298 WP No. 19352 of 2024 2. Heard Sri. M.N.Munireddy, learned Counsel appearing for the petitioner, Sri. V.Lakshminarayana, learned Senior Counsel appearing on behalf of Sri. Chand Pasha, learned Counsel for respondent No.4 and Sri. Kempanna learned Additional Advocate General along with Smt. Navya Shekar learned Additional Government Advocate for respondents No.1 to 3-State. 3. Sri M.N.Munireddy, learned Counsel appearing for the petitioner invited the attention of the Court to the details relating to the schedule properties mentioned at Annexure 'H' and also, insofar as the details provided in the schedule to the registered Sale Deed dated 04.03.1977, made in favour of respondent No.4 is concerned and thereby, contended that, the schedule in the sale deed, based on which, the impugned order has been passed by respondent No.1 is incorrect and accordingly, sought for interference by this Court. 4. Per contra, Sri V.Lakshminarayana, learned Senior Counsel, appearing on behalf of Sri. Chand Pasha for - 4 - HC-KAR NC: 2025:KHC:25298 WP No. 19352 of 2024 respondent No.4 invited the attention of the Court to the judgment and decree dated 30.11.1974 passed in O.S.No.321/1972, wherein the defendants No.1, 3 and 4 are the vendors of respondent No.4 herein. In this regard, it is submitted that the suit schedule property which is the subject matter in the present writ petition is the self- acquired property of defendant No.1 and the same has been declared in favour of the vendors of respondent No.4. 5. In that view of the matter, taking into consideration the fact that, the petitioner herein is the son of the brother of defendant No.1 in O.S.No.321/1972, it is submitted that the impugned order passed by respondent No.1 requires to be confirmed in this writ petition. 6. Sri Kempanna, learned Additional Advocate General, appearing for respondents No.1 to 3 sought to justify the impugned order at Annexure 'A' and submitted that, based on the registered Sale Deed dated 04.03.1977, - 5 - HC-KAR NC: 2025:KHC:25298 WP No. 19352 of 2024 the mutation has been made in favour of the private respondent No.4 herein. Accordingly, the learned Additional Advocate General sought for dismissal of the writ petition. 7. In the light of the submissions made by the learned Counsel appearing for the parties and taking into consideration of the finding recorded by the respondent- authorities would indicate that, respondent No.4 herein has purchased the schedule property as per the registered Sale Deed dated 04.03.1977 from Narayanappa @ Devapriya, Subbaiah @ Munishamy and Smt.Muniyamma W/o Subbaiah @ Munishamy, who are the vendors of respondent No.4 and defendants No.1, 3 and 4 in O.S.No.321/1972. The Civil Court, Kolar by judgment and decree dated 30.11.1974 at Annexure 'R1', concluded that the schedule property is the self-acquired property of Sri P.Subbanna @ Munisamappa (vendor of respondent No.4 herein). - 6 - HC-KAR NC: 2025:KHC:25298 WP No. 19352 of 2024 8. In that view of the matter, taking into consideration the fact that, the mutation has been made pursuant to the registered Sale Deed dated 04.03.1977 and as the petitioner herein has not produced any relevant material to establish his right in respect of the subject land is concerned, I am of the view that, the finding recorded by respondent No.1 in the impugned order at Annexure 'A' is just and proper and accordingly, no interference is called for by this Court in this writ petition. Accordingly, the writ petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE JT/- CT: JL