- 1 - NC: 2025:KHC:8990 WP No. 34333 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 34333 OF 2024 (KLR-RES) BETWEEN: 1. SRI PRABAKAR AGED ABOUT 59 YEARS, S/O LATE NARASHIMA NAIDU, R/AT S.ANANTHAPURA VILLAGE, BYRAKURU HOBLI, MULBAGAL TALUK, KOLAR DISTRICT-563 131. …PETITIONER (BY SRI. SHIVAGONDAPPA.S.ZULAPI., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR -563 101. 2. THE ASSISTANT COMMISSIONER, KOLAR SUB DIVISION, KOLAR-563 101. 3. THA TAHSILDAR., MULBAGILU TALUK, KOLAR-563 101. 4. SMT MANJULAMMA, AGED ABOUT 49 YEARS, S/O LATE SAMBASHIVA, R/AT S.ANANTHAPURA MAZARA NARAYANAPURA VILLAGE, BYRAKURU HOBLI, MULBAGAL TALUK, KOLAR DISTRICT-563 131. …RESPONDENTS (BY SMT. B.P.RADHA., AGA FOR R-1 TO R-3; SRI. R.SRINIVASA GOWDA., ADVOCATE FOR R-4) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8990 WP No. 34333 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD. 10.12.2024 IN R.A.P.NO. 243/2024 PASSED BY THE R-1 DEPUTY COMMISSIONER, KOLAR PRODUCED AS ANNX-A, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. It is not in dispute that, as against the order of mutation passed in favour of respondent No.4, an appeal was preferred before the Assistant Commissioner, who allowed the appeal. 2. As against the said order of the Assistant Commissioner, a revision was filed and the said revision was allowed and the order of the Assistant Commissioner is set aside. 3. The Deputy Commissioner has allowed the revision, principally, on the ground that the petitioner had already instituted a suit in O.S.No.48/2024, which was one for declaration and for injunction. - 3 - NC: 2025:KHC:8990 WP No. 34333 of 2024 4. In my view, since the petitioner is already before the Civil Court seeking for a declaration and injunction, the order of the Deputy Commissioner cannot be found fault with. 5. This writ petition is therefore dismissed. 6. It is needless to state that, if the petitioner succeeds in the suit that he has instituted, revenue entries will have to change accordingly and abide by the result of the suit. 7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 16