- 1 - NC: 2025:KHC:4712 WP No. 35117 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 35117 OF 2024 (KLR-RES) BETWEEN: 1. SRI. B.N SHIVANNA S/O LATE NANJAPPA AGED ABOUT 61 YEARS 2. SRI. CHENNIGOWDA S/O LATE NANJAPPA AGED ABOUT 59 YEARS 3. SRI. RAMESH S/O LATE NANJAPPA AGED ABOUT 53 YEARS ALL ARE RESIDING AT BAGENAHALLI VILLAGE, HONNENAHALLI POST, KOTTIGERE HOBLI, KUNIGAL TALUK TUMAKURU DISRICT-572101 …PETITIONERS (BY SRI. H.R. SANJEEVE GOWDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA BENGALURU-560001 REP. BY ITS SECRETARY Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:4712 WP No. 35117 of 2024 2. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU-572101 3. THE ASST. COMMISSIONER TUMAKURU DISTRICT TUMAKURU-572101 4. THE TAHSILDAR KUNIGAL TALUK TUMAKURU DISTRICT-572101 5. SRI NAGARAJU S/O LATE CHENNAIAH @ YELAVAIAH AGED ABOUT 55 YEARS, RESIDING AT: SIRAYANAPALYA HEMLET OF BAGENAHALLI VILLAGE HONNENAHALLI POST KOTTIGERE HOBLI KUNIGAL TALUK TUMAKURU DISTRICT-572101 …RESPONDENTS (BY SMT. B.P.RADHA, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS IN REVIEW PETITION NO.192/2022 ON THE FILE OF THE LEARNED RESPONDENT NO.2 I.E., THE DEPUTY COMMISSIONER-TUMAKURU DISTRICT AND PERUSE THE RECORDS AND SET ASIDE THE IMPUGNED ORDER PASSED IN REVIEW PETITION NO.192/2022 DATED 16.10.2024 AS PER ANNEXURE-A PASSED BY THE LEARNED RESPONDENT NO.2. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:4712 WP No. 35117 of 2024 CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioners are aggrieved by the order of 2nd respondent - Deputy Commissioner who has directed to restore the petition land in the name of Channaraya @ Chikka who is the original owner of these lands in question. The said order is under challenge. 2. Petitioners and 5th respondent are asserting that they are the only legal heirs of Channaraya @ Chikka. The records reveals that respondent No.5 has already filed a suit seeking relief of declaration and injunction in O.S.No.234/2022. The 5th respondent asserts that he is the only sole surviving legal heir. The petitioners herein on receipt of summons have filed written statement and they have also exhaustively narrated in paragraph No.14 of their written statement indicating as to how the properties are inherited by the family members by way of succession and details are furnished at paragraph Nos.15, 16 and 17. 3. The primary issue in the present case revolves around determining the rightful legal representatives of - 4 - NC: 2025:KHC:4712 WP No. 35117 of 2024 Channaraya @ Chikka. Given that a comprehensive civil suit is currently pending adjudication before the competent Court, the 2nd respondent—Deputy Commissioner acted within his jurisdiction in directing the restoration of the propositus' name by deleting the petitioners' names, which had been entered in the revenue records through inheritance. Since the dispute regarding the right of succession between the petitioners and respondents is being considered by the Civil Court, any conclusive determination on the matter must be left to its final decision. In light of this, the impugned order directing the revenue authorities to reinstate the name of the propositus is in accordance with legal principles and mandate provided under Sections 128 and 129 of KLR Act. This Court finds no error, illegality, or jurisdictional overreach in the order under challenge, as it merely ensures that the revenue records remain neutral until the Civil Court renders its verdict on the inheritance dispute. 4. The party who would succeed in the suit will be entitled to get his name mutated. Therefore, the entry of propositus - Channaraya @ chikka will be subject to result/outcome of pending suit in O.S.No.234/2022. - 5 - NC: 2025:KHC:4712 WP No. 35117 of 2024 With these observations the petition stands dismissed. HJ List No.: 1 Sl No.: 39 SD/- (SACHIN SHANKAR MAGADUM) JUDGE