- 1 - HC-KAR NC: 2025:KHC:23504 WP No. 21560 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 21560 OF 2024 (KLR-RES) BETWEEN: SRI H R RAJEGOWDA S/O LATE H S RANGAPPA DEAD BY LEGAL HEIRS 1. SRI H R ANKITH, AGED ABOUT 42 YEARS, S/O LATE H R RAJEGOWDA, 2. SRI H R AMSHITH AGED ABOUT 39 YEARS, S/O LATE H R RAJEGOWDA, R/AT NO. 413, 1ST CROSS, ISEC NEAR, TEACHER S COLONY, BENGALURU - 560 072. …PETITIONERS (BY SRI. NAGESH S.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR B R AMBEDKAR VEEDHI, BANGALURU - 560 001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT. HASSAN TALUK AND DISTRICT. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23504 WP No. 21560 of 2024 3. THE ASSISTANT COMMISSIONER HASSAN SUB DIVISION, HASSAN TALUK AND DISTRICT. 4. THE THASILDAR HASSAN, HASSAN TALUK AND DISTRICT. 5. THE REVENUE INSPECTOR KATTAYA HOBLI KATTAYA NADA KACHERI, HASSAN TALUK AND DISTRICT. 6. SRI SOMASHEKAR S/O LATE BASAVEGOWDA, DEAD BY LEGAL HEIR, 6(a) SMT PADMA, MAJOR IN AGE, W/O LATE SOMASHEKAR, R/A BALLURUPURA VILLAGE, MAGGE POST, PALYA HOBLI, ALURU TALUK, HASSAN DISTRICT. …RESPONDENTS (BY SMT. NAVYA SHEKHAR., AGA FOR R1 TO R5; SRI. M.R. MAHESH.,ADVOCATE FOR R6(a)) THIS WRIT PETITON IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO PASS AN ORDER TO CALL FOR RECORDS FROM R1 AND R3 IN RA NO. 11/98-99 AND RA NO. 28/2021-22 IN RESPECT OF LAND IN SY NO. 158/3 MEASURING 1.04 ACRE OF MALLIGEVALU VILLAGE, KATTAYU HOBLI, HASSAN TALUK AND DISTRICT.SET ASIDE THE IMPUGNED ORDER DATED 19.3.24 PASSED BY R2 IN RA NO. 28/2021-22 IN RESPECT OF SAID LAND VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:23504 WP No. 21560 of 2024 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, petitioners are assailing the order dated 19.03.2024 (Annexure-A) passed by the respondent No.2 in R.A.No.28/2021-22 and order dated 30.11.2007 in R.A.No.11/1998-99 (Annexure-B) passed by the respondent No.3 inter-alia seeking direction of the respondent No.4 to mutate the name of the petitioners in the revenue records in respect of the subject land in question. 2. Heard the learned counsels appearing for the parties. 3. Sri. S. Nagesh, learned counsel for the petitioners, invited the attention of the Court to the judgment and decree dated 09.06.2004 in O.S.No.97/2000 on the file of Principal Civil Judge (Jr. Dn.) and JMFC., II Court at Hassan, wherein one Sri. Ramegowda has been declared as the owner in respect of the subject land by the Competent Court, as per the judgment and decree at Annexure-Q. Thereafter, said Sri. Ramegowda has sold the subject land in favour of one Sri. T.P. Chandrasekhar as per registered sale deed dated 18.06.2001 and in turn the said Sri. T.P. Chandrasekhar has - 4 - HC-KAR NC: 2025:KHC:23504 WP No. 21560 of 2024 sold the same in favour of one Smt. Rangamma as per the registered Sale Deed dated 28.08.2003. He further contended that, there was a registered partition in the family of Smt. Rangamma, wherein as per the registered partition deed dated 30.06.2006, the subject land has fallen to the share of Sri. Rajegowda (father of the petitioners herein). Hence he contended that, as the competent Civil Court itself has already declared the vendor of the land in question in O.S.No.97/2000 and therefore the finding recorded by both the authorities requires to be set-aside. 4. Per contra, Sri. M.R. Mahesh, learned counsel for the respondent No.6(A) contended that, the order passed by respondent No.3 on 30.11.2007 (Annexure-B) has not been challenged by the petitioners herein before the competent authority under Section 136(3) of the Karnataka Land Revenue Act, 1964 within the stipulated period and further the petitioners herein have to establish the right in respect of the subject land as the disputed question of facts are involved in this petition. Accordingly sought for interference of this Court. - 5 - HC-KAR NC: 2025:KHC:23504 WP No. 21560 of 2024 5. Smt. Navya Shekhar, learned AGA appearing for respondent Nos.1 to 5 also justified the impugned orders passed by the respondent-Authorities. 6. In the light of the submissions made by the learned counsels appearing for the parties and on careful examination of the records would indicate that one Sri. Ramegowda had filed a suit in O.S.No.97/2000 before the Civil Court, Hassan seeking declaration with consequential relief of injunction in respect of the subject land. Indisputably, the respondent No.6 herein is the defendant in the said suit. The said suit came to be decreed on 09.06.2004, wherein the plaintiff therein-Sri. Ramegowda has been declared as the owner of the land in question. It is also forthcoming from the writ papers that said Sri. Ramegowda has sold the said land in favour of Sri. T.P. Chandrashekar as per registered Sale Deed dated 18.06.2001 and in turn the said Sri. T.P. Chandrashekar has sold the subject land in favour of Smt. Rangamma as per registered Sale Deed dated 28.08.2003. It is forthcoming from the registered Partition Deed dated 30.06.2006 entered into between the family members of Smt. Rangamma that the - 6 - HC-KAR NC: 2025:KHC:23504 WP No. 21560 of 2024 land in question has been allotted in favour of the father of the petitioners herein-Sri. Rajegowda and it is also to be noted that, the defendant in O.S.No.97/2000 is the respondent No.6 herein. 7. In that view of the matter, as already competent Civil Court has arrived at the conclusion in O.S.No.97/2000 declaring that the petitioner's vendor's vendor as the owner of land in question and same has attained finality. I am of the view that the findings recorded by both the Authorities requires to be set-aside. Accordingly, I pass the following: ORDER (i) Writ petition is allowed. (ii) Order dated 19.03.2024 (Annexure-A) in R.A.No.28/2021-22 passed by the respondent No.2 is set-aside. (iii) Order dated 30.11.2007 (Annexure-B) in R.A.No.11/1998-99 passed by the respondent No.3 is also hereby set-aside - 7 - HC-KAR NC: 2025:KHC:23504 WP No. 21560 of 2024 and direction is issued to the respondent No.4 to effect khata in favour of petitioners herein in terms of the observation made above within two months from today. SD/- (E.S.INDIRESH) JUDGE RL List No.: 1 Sl No.: 73