- 1 - HC-KAR NC: 2025:KHC:20207 WP No. 21296 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.21296 OF 2024 (KLR-RES) BETWEEN: 1. LAKKAPPA SINCE DECEASED REP. BY LRS. SMT. LAKKAMMA W/O LATE LAKKAPPA, AGED ABOUT 55 YEARS, 2. SRI. DASAPPA S/O LATE NALLANAIKA, AGED ABOUT 72 YEARS, 3. SRI. KARIYANNA S/O LATE LAKSHMINARASAPPA, AGED ABOUT 42 YEARS, 4. SRI. DEVARAJA S/O LATE GOVINDAPPA, AGED ABOUT 57 YEARS, 5. SRI. HENJARAPPA S/O LATE GOVINDAPPA, AGED ABOUT 54 YEARS, ALL ARE RESIDENT OF BHUPASANDRA VILLAGE, KALLAMBELLA HOBLI, SIRA TALUK, TUMKUR DISTRICT. …PETITIONERS (BY SRI. ARUN K.S., ADVOCATE) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20207 WP No. 21296 of 2024 AND: 1. STATE OF KARNATAKA BY TAHASILDAR, SIRA TALUK, TUMKUR DISTRICT. 2. JOINT DIRECTOR OF REGIONAL LAND RECORDS BENGALURU DIVISION, K R CIRCLE, BENGALURU. 3. ASSISTANT DIRECTOR OF LAND RECORDS SIRA TALUK, TUMKUR DISTRICT. 4. TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER AND EX OFFICIO DEPUTY DIRECTOR OF LAND RECORDS. 5. AKKAMMA W/O SRI BALAPPA, AGED ABOUT 62 YEARS, 6. SRI KODI MALLAPPA S/O SRI KODAPPA AGED ABOUT 72 YEARS, 7. DYAVAMMA SINCE DECEASED BY HER LRS 8. SRI. BALAPPA S/O SRI KUDALU MALLAPPA AGED ABOUT 43 YEARS, 9. SRI MALLANNA S/O SRI KUDALU MALLAPPA AGED ABOUT 41 YEARS, - 3 - HC-KAR NC: 2025:KHC:20207 WP No. 21296 of 2024 10. SRI. KODAPPA S/O SRI KUDALU MALLAPPA AGED ABOUT 39 YEARS, RESPONDENT NOS. 5 TO 10 ARE RESIDING AT GANGANAHALLI THOTADA MANE, HAALEENAHALLI POST, KALLAMBELLA HOBLI SIRA TALUK, TUMKUR DISTRICT-572 125. 11. SRI. K. VENUGOPALA S/O SRI. KODI MALLAPPA, AGED ABOUT 47 YEARS, R/AT GANGANAHALLI THOTADA MANE, HAALEENAHALLI POST, KALLAMBELLA HOBLI, SIRA TALUK, TUMKUR DISTRICT- 572 125. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 TO R4; R5 TO R11 ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 26.05.2023 PASSED BY RESPONDENT NO.2, THEREBY DISMISSING THE REVISION PETITION FILED BY THE PETITIONERS IN NAM.PRA.BHU.NI.REVISION (TU) 01/2022-23, VIDE ANNEXURE-E. SINGLE JUDGE FOR PRELIMINARY HEARINGAN.21.09.24 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:20207 WP No. 21296 of 2024 CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER 1. In this writ petition, petitioner is assailing the order dated 26.05.2023 (Annexure-E) passed by respondent No.2 dismissing the revision petition filed by the petitioners in NAM.PRA.BHU.JAM.NI.REVISION(TU)1/2022-23. 2. The relevant facts for adjudication of this writ petition are that, land bearing Sy.No. 118 measuring 4 acres 30 guntas situate at Bhupasandra Village, Kallambella Hobli, Sira Taluk, Tumakuru District has been granted in favour of one Kenche Gouda as per Grand Order No.3076/58-59. The said grantee - Kenche Gouda has sold the subject land in favour of one Puttanna, S/o Badagundappa and thereafter, the father of the petitioners - Nalla Naika, S/o Hallikere Lakkappa had purchased the entire extent of 4 acres and 30 guntas in Sy.No.118, situate in Bhupasandra Village, Kallambella Hobli, Sira Taluk, Tumakuru District. It is further stated in the writ petition that the petitioners have filed Revision Petition before respondent No.2 under Section 56 of the Karnataka Land Revenue Act, 1964, challenging phody and durust made in respect of the new - 5 - HC-KAR NC: 2025:KHC:20207 WP No. 21296 of 2024 Sy.No.183, 184 and 217 and in the said Revision Petition, the petitioners have filed an application under Section 5 of the Limitation Act, seeking condonation of delay in filing the Revision Petition, as per Annexure-A. It is stated in the writ petition that respondent No.2 without considering the factual aspects on record, while dismissing the petition on the ground of delay and laches, also made an observation with regard to sale deed said to have been made by erstwhile owner to Sri.Puttanna, S/o Badagundappa and later said Puttanna having sold the same in favour of father of the petitioners and being aggrieved by the same, petitioners have presented this writ petition. 3. Heard Sri. Arun K.S. learned counsel appearing for the petitioner and Smt. Navya Shekar, learned Additional Government Advocate appearing for respondent Nos.1 to 4. 4. It is contended by the learned counsel appearing for the petitioners that, respondent No.2 while dismissing the petition on the ground of delay and laches, has made certain observation with regard to merits of the case, disputed factual aspects on record, however, the sale deeds referred to above - 6 - HC-KAR NC: 2025:KHC:20207 WP No. 21296 of 2024 have not been considered by respondent No.2 while passing the impugned order and accordingly, sought for interference of this Court. 5. Per contra, learned Additional Government Advocate sought to justify the impugned order. 6. In the light of the submissions made learned counsel appearing for the parties, as per the averments made in the writ petition, originally the land in Sy.No.118, measuring 4 acres 30 guntas situate at Bhupasandra Village, Kallambella Hobli, Sira Taluk, was granted in favour of Kenche Gouda during 1958-59 and the said grantee has sold the same in favour of one Puttanna, S/o Badagundappa, and in turn, said Puttappa has sold the entire extent of 4 acres 30 guntas in favour of father of the petitioners - Nalla Naika. In that view of the matter, though the petitioners herein have filed an application to condone the delay in filing the Revision Petition, challenging the phody and durust, however, without considering the factual aspects on record and the law with regard to sale deeds referred to above, the respondent No.2 has passed the order at Annexure-E which requires to be set - 7 - HC-KAR NC: 2025:KHC:20207 WP No. 21296 of 2024 aside and it is a fit case to remand the matter to respondent No.2 to consider the case on merits, after affording opportunity of hearing to all the parties concerned. 7. In that view of the matter, the Writ Petition is allowed. The order dated 26.05.2023 (Annexure-E) passed by respondent no.2 is hereby set aside by remitting the matter to respondent No.2, for reconsideration in accordance with law, after affording opportunity of hearing to all the parties concerned. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 63