- 1 - NC: 2025:KHC:15090 WP No. 36106 of 2024 C/W WP No. 36108 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 36106 OF 2024 (KLR-RES) C/W WRIT PETITION NO. 36108 OF 2024 (KLR-RES) IN WP No. 36106/2024 BETWEEN: 1. SRI. CHIKKAKEMPAIAH S/O LATE CHIKKANNA @ KEMPPAIAH AGED ABOUT 78 YEARS R/AT KITTAGANAHALLI VILLAGE GULUR HOBLI, TUMKUR TALUK TUMKUR DISTRICT-572 118. …PETITIONER (BY SRI. RAVI KUMARA .B.R, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR-572 101. 2. THE ASSISTANT COMMISSIONER TUMKUR SUB DIVISION Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15090 WP No. 36106 of 2024 C/W WP No. 36108 of 2024 TUMKUR-572 101. 3. TEH TAHASILDHAR TUMKUR TALUK TUMKUR DISTRICT-572 101. 4. CHIKKASWAMIAH @ KEMPPAIAH S/O CHINKKANNA AGED ABOUT 73 YEARS KITTAGANAHALLI VILLAGE GULUR HOBLI, TUMKUR TALUK TUMKUR DISTRICT-572 118. 5. SMT. JAYAMMA D/O CHIKKAHANUMAIAH AGED ABOUT 50 YEARS R/AT KITTAGANAHALLI VILLAGE GULUR HOBLI, TUMKUR TALUK TUMKUR DISTRICT-572 118. 6. SRI. HANUMAIH S/O LATE CHIKKAHUMUMAIAH AGED ABOUT 63 YEARS R/ AT KITTAGANAHALLI VILLAGE GULUR HOBLI, TUMKUR TALUK TUMKUR DISTRICT-572 118. …RESPONDENTS (BY SRI. MANJUNATH .K, HCGP FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT, QUASH/SET-ASIDE THE IMPUGNED ORDER DATED. 15.10.2024 PASSED IN R.P. NO. 96/2023 BY THE 1ST RESPONDENT VIDE ANNEXURE-A AND IMPUGNED ORDER DATED 19.08.2022 PASSED BY THE ASSISTANT COMMISSIONER, TUMAKURU SUB- - 3 - NC: 2025:KHC:15090 WP No. 36106 of 2024 C/W WP No. 36108 of 2024 DIVISION, TUMAKUR IN RRT(A)(T):286/2010-11 VIDE ANNEXURE-B. IN WP NO. 36108/2024 BETWEEN: 1. SRI. CHIKKAKEMPAIAH S/O LATE CHIKKANNA @ KEMPPAIAH AGED ABOUT 78 YEARS R/AT KITTAGANAHALLI VILLAGE GULUR HOBLI TUMKUR TALUK TUMKUR DISTRICT-572 118. ...PETITIONER (BY SRI. RAVIKUMARA .B.R, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR-572 101. 2. THE ASSISTANT COMMISSIONER TUMKUR SUB DIVISION, TUMKUR-572 101. 3. THR TAHASILDHAR TUMKUR TALUK, TUMKUR DISTRICT-572 101. 4. CHIKKASWAMAIAH @ KEMPPAIAH S/O CHINKKANNA AGED ABOUT 73 YEARS R/AT KITTAGANAHALLI VILLAGE GULUR HOBLI, TUMKUR TALUK TUMKUR DISTRICT-572 118. ...RESPONDENTS (BY SRI. MANJUNATH .K, HCGP FOR R1 TO R3) - 4 - NC: 2025:KHC:15090 WP No. 36106 of 2024 C/W WP No. 36108 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT, QUASH/SET-ASIDE THE IMPUGNED ORDER DATED. 03.09.2024 PASSED IN R.P. NO. 97/2023 BY THE 1ST RESPONDENT VIDE ANNEXURE-A AND IMPUGNED ORDER DATED 21.02.2022 PASSED BY THE ASSISTANT COMMISSIONER, TUMAKURU SUB-DIVISION, TUMAKUR IN RRT(A)(T):123/2010-11 VIDE ANNEXURE-B. THESE PETITIONS, 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. In these writ petitions, the petitioner has challenged the entries made in respect of the land bearing Sy.Nos.56/2 and 56/3. 2. In W.P.No.36106/2024, the mutation made in favour of one Jayamma was called in question by Chikkaswamaiah and the said appeal was allowed. 3. The petitioner, who was not a party in the appeal before the Assistant Commissioner, preferred a revision and the said revision has been dismissed. As *Page Nos.4 to 6 re-typed and replaced vide chamber order dated 29.04.2025 - 5 - NC: 2025:KHC:15090 WP No. 36106 of 2024 C/W WP No. 36108 of 2024 a result of which, he is before this Court in W.P.No.36106/2024. 4. In W.P.No.36108/2024, an order of mutation made in favour of the petitioner in M.R.No.8/1989-90 in respect of the land bearing Sy.No.56/3 was challenged by Chikkaswamaiah in the appeal and the said order was set aside and also affirmed in revision. As a result of which, the petitioner has filed W.P.No.36108/2024. 5. Learned counsel for the petitioner candidly admits that the petitioner herein has already instituted a suit in O.S.No.531/2013 seeking for a declaration in respect of Sy.Nos.56/2 and 56/3 and the same is pending adjudication. 6. In the light of the fact that the petitioner has already approached the Civil Court in O.S.No.531/2013, I see no justification to entertain these writ petitions. - 6 - NC: 2025:KHC:15090 WP No. 36106 of 2024 C/W WP No. 36108 of 2024 7. It is needless to state that in the event the petitioner secures a declaratory decree in respect of his entitlement over Sy.Nos.56/2 and 56/3, the revenue entries shall accordingly be mutated. 8. Subject to the above, this writ petition is dismissed. 9. 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.: 9