- 1 - HC-KAR NC: 2025:KHC:22006 WP No. 30213 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 30213 OF 2024 (KLR-RES) BETWEEN: SRI R K AMARESH AGED ABOUT 65 YEARS S/O LATE RK BASANNA R/AT NO 1-11-96, NEW NO 1-11-275 NIJALINGAPPA COLONY RAICHUR - 584 101. …PETITIONER (BY SRI. ANDANAPPA GURAPPA BALLOLLI.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, DR B R AMBEDKAR BEEDHI M S BUILDING VIDHANA SOUDHA BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT K.G. ROAD BENGALURU - 560 009. 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION BENGALURU - 560 009. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22006 WP No. 30213 of 2024 4. THE THASILDAR BENGALURU SOUTH TALUK BENGALURU -560 009. 5. SMT GOWRAMMA D/O MALLESHAIAH AGED ABOUT 45 YEARS VIDYA PEETHA POST, KENGERI HOBLI, BENGALURU SOUTH TALUK - 560 060. 6. SHRI VENKATACHALAIAH AGE IN MAJOR, S/O NARAYANAPPA R/AT CHANNAVEERAIAHNA PALYA, VILLAGE KENGERI HOBLI, BENGALURU SOUTH TALUK - 560 060. 7. SHRI. M.A NARAYANASWAMY AGE IN MAJOR S/O LATE ANDANI GOWDA, R/AT DASEGOWDANAPALYA VILLAGE KENGERI HOBLI, BENGALURU SOUTH TALUK- 560 060 8. M/S NANDI ECONOMIC CORRIDOR ENTERPRISES PVT LTD., AUTHORIZED SIGNATORY MR. SRINATH MANGALURU NO 01 MIDFORD HOUSE, MIDFORD GARDEN MG ROAD, BENGALURU - 560 002. REGISTERED UNDER REGISTRAR OF COMPANIES ROC BENGALURU - 3 - HC-KAR NC: 2025:KHC:22006 WP No. 30213 of 2024 9. SHRI N RAJANNA AGE IN MAJOR S/O NANJAPPA SOMPURA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK-560 060. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO SPECIAL COUNSEL FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE ORDER DATED 26.11.2012 IN R.A.(S)/21/2012-13 PASSED BY THE R-3 AND SUBSEQUENTLY ORDER DATED 24.09.2024 IN REV.PETITION/106/2014-15, PASSED BY THE DEPUTY COMMISSIONER OF BENGALURU DIST., THE R-2 HEREIN. THE R-3 HAS ALLOWED APPEAL BY CANCELLING THE MUTATION IN MR.NO.54/2004-2005 (ANNEXURE-D) PASSED BY THE TAHASILDAR IN RESPECT OF LAND SY.NO.222, MEASURING 1 ACRE OF B.M. KAVAL, KENGERI HOBLI, BENGALURU SOUTH TALUK AND DIST. BENGALURU DIST. BELONGS TO THE PETITIONER WHICH ARE PRODUCED AS ANNX-A AND B AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:22006 WP No. 30213 of 2024 CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER 1. Sri Siddharth Baburao, learned Additional Government Advocate accepts notice for respondent Nos.1 to 4. 2. In this writ petition, petitioner is assailing the Order dated 26.11.2012 in R.A.(S)/21/2012-13 passed by respondent No.3, and the Order dated 24.09.2024 in R.P.No.106/2014-15 passed by respondent No.2, inter alia, sought for direction to the respondent to restore the mutation in MR No.54/2004-2005 (Annexure-D) issued in favour of the petitioner. 3. Heard Sri. A.G. Ballolli, learned counsel for the petitioner and Sri Siddharth Baburao, learned Additional Government Advocate for respondent Nos.1 to 4. 4. It is stated by the learned counsel appearing for the petitioner that the impugned orders at Annexures -'A and B' require to be interfered with in this writ petition on the sole ground that there is no title dispute in so far as total extent of 10 acres of land in Sy.No.222 of B.M. Kaval Village wherein the original owner of the land was a common vendor to the - 5 - HC-KAR NC: 2025:KHC:22006 WP No. 30213 of 2024 petitioner as well as the private respondents herein. Accordingly, it is submitted that since there is no dispute with regard to title in question, both the respondent - Authorities have committed an error in relegating the petitioner to approach Civil Court, and accordingly, sought for interference of this Court. 5. Per contra, learned Additional Government Advocate appearing for the respondents sought to justify the impugned order and submitted that the mutation has been made pursuant to the sale deed dated 22.06.1972 executed by Sri. Narayanappa and Sri. Venkatachalaiah in favour of one Malleshaiah, and upon death of Malleshaiah, his daughter Gowramma was in possession and thereafter, gift deed dated 05.01.2013 has been executed by said Gowramma in favour of Vinay S/o Ramashekaraiah, and as such, there are disputed questions of fact are involved in the matter. 6. In view of the rival contentions made by learned counsel appearing for the parties, on perusal of the order of both the respondent - Authorities would indicate that there are two sale deeds dated 22.06.1972 and 26.05.2004 are operating in - 6 - HC-KAR NC: 2025:KHC:22006 WP No. 30213 of 2024 respect of the land bearing Sy.No. 222 of B.M. Kaval Village. It is also forthcoming from the finding recorded by the respondent-Authorities that a portion of the land has been acquired in favour of respondent No.8. In that view of the matter, since disputed questions of fact are involved in this writ petition, and that apart, the vendor for the petitioner and the private respondents is a common vendor who has sold the property and since two sale deeds and a registered gift deed are operating in respect of the subject land, I am of the opinion that, both the respondent - Authorities have rightly relegated the petitioner to establish his right in respect of the land in question in a manner known to law. In that view of the matter, I do not find any infirmity in the order passed by both the Courts below. 7. Accordingly, with the above observation, the Writ Petition is dismissed. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 31