- 1 - HC-KAR NC: 2025:KHC:25363 WP No. 32530 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.32530 OF 2024 (KLR-RES) BETWEEN: 1. SRI. NATARAJ K S/O LATE KRISHNAMURTHY, AGED ABOUT 54 YEARS, 2. K GOPALA GOWDA S/O LATE KRISHNAMUTHY, DECEASED ON DATE 00-00-0000, REPRESENTED BY HIS LRS., SMT. KAVITHA, W/O LATE K GOPAL GOWDA, AGED ABOUT 34 YEARS, 3. MASTER ASHWIN S/O LATE K. GOPAL GOWDA, AGED ABOUT 14 YEARS, 4. MASTER ARYAN S/O LATE K GOPAL GOWDA, AGED ABOUT 3 YEARS, SINCE PETITIONERS NO. 3 & 4 ARE MINORS, REPRESENTED BY THEIR NATURAL GUARDIAN THE PETITIONER NO.2 ALL ARE R/AT AVALAHALLIL VILLAGE, SINGANAYAKANAHALLI VILLAGE, YELAHANKA TALUK, BENGALURU DISTRICT. …PETITIONERS (BY SRI. PRASANNA S., ADVOCATE) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25363 WP No. 32530 of 2024 AND: 1. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BENGALURU-560009. 2. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION, KANDHAYA BHAVAN, 2ND FLOOR, K.G.ROAD, BENGALURU, KARNATAKA-560009. 3. THE TAHSILDAR BENGALURU YELAHANKA TALUK, BENGALURU NORTH, KARNATAKA-560063. 4. SRI GOPALAGOWDA A. S/O LATE G ANJANAPPA, AGED ABOUT 63 YEARS, 5. SRI. A. KESHAVA MURTHY S/O LATE G. ANJANAPPA, AGED ABOUT 59 YEARS, 6. SRI. A. RAVI SHANKAR S/O LATE G ANJANAPPA, AGED ABOUT 55 YEARS, RESPONDENTS NO.4 TO 6 ARE R/AT AVALAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA HOBLI AND TALUK, BENGALURU-560064. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA; SRI. VIKRAM HUILGOL, SENIOR ADVOCATE FOR SRI. R. BHADRINATH, ADVOCATE FOR R4 TO R6 ) - 3 - HC-KAR NC: 2025:KHC:25363 WP No. 32530 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER BEARING RP NO.101-2024 VIDE ORDER DATED 30.09.2024 PASSED BY THE RESPONDENT NO.1 ANNEXURE-A. 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 I have heard Sri. Prasanna S., learned counsel for the petitioners; Smt. Navya Shekar, learned Additional Government Advocate appearing for the respondent-State and Sri. Vikram Huilgol, learned Senior Counsel appearing on behalf of Sri. A. Bhadrinath, learned counsel appearing for the respondent Nos. 4 to 6. 2. The petitioners have filed the present writ petition challenging the order dated 30.09.2024 - 4 - HC-KAR NC: 2025:KHC:25363 WP No. 32530 of 2024 passed by Respondent No.1–the Deputy Commissioner in R.P. No.101 of 2024 (Annexure-A). 3. Relevant facts for the adjudication of the case as averred in the writ petition are that, the The petitioners had earlier filed RA No.(YLK) 8 of 2020 before Respondent No.2– the Assistant Commissioner, challenging the mutation entries recorded in MR No.31 of 2011-12 pertaining to the subject land. By order dated 08.12.2022, the Assistant Commissioner allowed the appeal and set aside the mutation entry MR No.31/2011-12. Being aggrieved by the same, insofar as it pertained to the entire extent of land being mutated in favor of the petitioners, the private respondents filed R.P. No.101 of 2021 before the Deputy Commissioner. The respondent No.1-Deputy Commissioner, by order dated 30.09.2024 vide Annexure-A, interfered with the order passed by the respondent No.2-Assistant Commissioner and being - 5 - HC-KAR NC: 2025:KHC:25363 WP No. 32530 of 2024 aggrieved by the same, the petitioners have presented this writ petition. 4. Having taken note of the submission made by the learned counsel appearing for the parties, it is not in dispute that the private respondents herein have preferred suit in OS No.535 of 2024 on the file of the Principal Senior Civil Judge, Bangalore Rural District, Bangalore, against the petitioners herein, seeking relief of declaration in respect of the subject land in terms of the registered Sale Deed dated 19.10.1952 and the registered Partition Deed 20.08.2004. Accordingly, the writ petition is disposed of, with the direction that the mutation entry in MR No.31/2011-12 shall remain in force until the conclusion of the proceedings in O.S. No.535 of 2024. 5. It is clarified that upon adjudication of rights by the civil court, the parties are at liberty to approach - 6 - HC-KAR NC: 2025:KHC:25363 WP No. 32530 of 2024 the revenue authorities for appropriate mutation entries based on the outcome of the civil suit. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 69