- 1 - HC-KAR NC: 2025:KHC:44434 WP No. 7813 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 7813 OF 2021 (KLR-RES) BETWEEN: 1. SRI V GOVINDA GOWDA S/O LATE T VENKATEGOWDA AGED ABOUT 74 YEARS, R/AT NO.A-551 MARAMMA TEMPLE STREET HANUR TOWN AND TALUK CHAMARAJANAGARA DISTRICT PIN-571 439 … PETITIONER (BY SRI. R.S. RAVI, SENIOR ADVOCATE FOR SRI AKARSH KUMAR GOWDA., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHAMARAJANAGAR CHAMARAJANAGAR DISTRICT-571 439 2. THE ASSISTANT COMMISSIONER KOLLEGAL SUB-DIVISION KOLLEGAL CHAMARAJANAGAR DISTRICT-571 439 Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44434 WP No. 7813 of 2021 3. THE DEPUTY TAHSILDAR NADAKACHERI, HANUR KOLLEGAL TALUK (NOW HANUR TALUK) CHAMARAJANAGAR DISTRICT-571 439 4. SRI V THIMMEGOWDA S/O LATE T VENKATEGOWDA AGED ABOUT 84 YEARS, MARAMMA TEMPLE STREET HANUR TOWN AND TALUK CHAMARAJANAGAR DISTRICT PIN-571 439 5. SRI SHANKARANARAYANA S/O LATE T THIMMEGOWDA AGED MAJOR R/AT NO.2961/115 6TH MAIN ROAD, 3RD CROSS SARASWATHIPURAM MYSURU-570 009 … RESPONDENTS (BY SRI. SPOORTHY HEGDE, HCGP FOR R1 TO R3; SMT. P.C. SUNITHA, ADVOCATE FOR R4; NOTICE TO R5 IS SERVED AND UNREPRESENTED) *** THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD. 04.09.2012 MADE IN RA. NO.15/2007-08 PASSED BY THE R-2 VIDE ANNEXURE-C AND ETC. THIS PETITION COMING ON FOR ORDERRS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2025:KHC:44434 WP No. 7813 of 2021 ORAL ORDER The petitioner has sought for setting aside of the order at Annexure-'C' dated 04.09.2012 passed by Assistant Commissioner, Kollegal Sub Division, respondent No.2 herein. In terms of the said order, the Assistant Commissioner had directed that the Khatha would stand jointly in the name of respondent No.4 - Sri V. Thimmegowda as well as the petitioner - Sri V. Govinda Gowda and as well as Sri Shankaranarayana S/o T. Thimmegowda, the respondent No.1 in the proceedings before the Assistant Commissioner. 2. Sri R.S.Ravi, learned Senior Counsel appearing on behalf of the petitioner submits that the proceedings before the Assistant Commissioner were only between Sri V. Thimmegowda and Sri Shankaranarayana S/o late T. Thimmegowda and while admittedly, the mutation with respect to Survey No. 201 bearing M.R.No.11/76-77 for an extent of 4 Acres 57 Cents was in the name of the petitioner herein Sri V. Govinda Gowda. - 4 - HC-KAR NC: 2025:KHC:44434 WP No. 7813 of 2021 3. It is submitted that, no order could have been passed without arraying the petitioner herein as respondent in the proceedings before the Assistant Commissioner. 4. Learned counsel appearing for the respondent No.4 would submit that the proceedings for change of Khatha was on the basis of Partition Deed in the year 1991 between the petitioner herein and the respondent No.4 herein. However, learned Senior Counsel appearing on behalf of the petitioner submits that merits apart, no order could have been passed by the Assistant Commissioner in the absence of petitioner, as his rights are affected. 5. The assertion that the petitioner herein that he is not a party in the proceedings before the Assistant Commissioner is evident from a perusal of the cause-title of the order of Assistant Commissioner. When the dispute of petitioner is only insofar as M.R.No.11/76-77 with - 5 - HC-KAR NC: 2025:KHC:44434 WP No. 7813 of 2021 respect to Survey No. 201, measuring an extent of 4 Acres 57 Cents, it would be appropriate to set aside the order of Assistant Commissioner as regards such survey number and remand the matter for reconsideration by the Assistant Commissioner. It is submitted on behalf of the petitioner that the petitioner would implead themselves in the proceedings before the Assistant Commissioner. 6. In light of such submission, if an application is made before the Assistant Commissioner for impleading by the petitioner herein, the same may be considered and appropriate order may be passed and thereafter the appeal before the Assistant Commissioner may be decided in accordance with law keeping open all the contentions. 7. However, it is made clear that the petitioner is limiting the relief as regards Survey No. 201, measuring 4 Acres and 57 Cents with respect to M.R. No.11/76-77 only and the order insofar as Survey No.200 is not a - 6 - HC-KAR NC: 2025:KHC:44434 WP No. 7813 of 2021 subject matter of the present adjudication and accordingly, the order of Assistant Commissioner only insofar as Survey No. 201 is set aside and the matter is remitted to the Assistant Commissioner for fresh consideration in terms of the observations made above. Consequently, the order of Deputy Commissioner at Annexure-'E' dated 05.10.2015 affirming the order of the Assistant Commissioner would also stand set aside, as the learned Senior Counsel appearing on behalf of the petitioner submits that the contentions of petitioner were not taken note of in a proper perspective. 8. Accordingly, the matter is remanded to the Assistant Commissioner and insofar as the change of revenue entries are concerned, pursuant to the order of Assistant Commissioner at Annexure-'C' dated 04.09.2012 as well as the order of Deputy Commissioner at Annexure-'E' dated 05.10.2015 would stand set aside and the revenue entries as on the date of filing of appeal before the Assistant Commissioner would stand restored. - 7 - HC-KAR NC: 2025:KHC:44434 WP No. 7813 of 2021 9. Needless to state that there would be an order of status quo regarding possession to be maintained till the conclusion of proceedings before the Assistant Commissioner. Accordingly, the petition is disposed of with the above observations and directions. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR