- 1 - HC-KAR NC: 2025:KHC:43046-DB WA No. 1556 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1556 OF 2024 (KLR-RES) BETWEEN: 1. SMT. PUTTAMMA W/O LATE THIMMEGOWDA SINCE DEAD BY LRS SRI NARAYANA S/O LATE THIMMEGOWDA AGED ABOUT 72 YEARS NO.27, HALE KUMBARA KOPPALU HEBBALU MYSURU - 570 002. …APPELLANT (BY SRI. SHRIDHAR NARAYAN HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING BENGALURU - 560 001. 2. THE DEPUTY COMISSIONER MYSURU DISTRICT MYSURU - 570 001. Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43046-DB WA No. 1556 of 2024 3. THE ASSISTANT COMMISSIONER MYSURU SUB DIVISION MYSURU - 570 001. 4. THE TAHSILDAR MYSURU TALUK MYSURU - 570 001. 5. THE VILLAGE ACCOUNTANT KESARE, KASABA HOBLI MYSURU TALUK - 570 001. 6. SRI D MAHADEVU S/O LATE DODDAIAH MAJOR 7. SRI MUDDEGOWDA S/O LATE CHIKKACHANNEGOWDA MAJOR 8. SRI RAJASHETTY S/O THIMMASHETTY MAJOR 9. SRI MAHADEVU S/O LATE MADAPPA MAJOR 10. SRI C SHANKAR S/O LATE CHANNEGOWADA MAJOR 11. SRI MARIRAJU S/O LATE KARIYAPPA MAJOR - 3 - HC-KAR NC: 2025:KHC:43046-DB WA No. 1556 of 2024 12. SRI S M SIDDEGOWDA S/O MARIGOWDA MAJOR 13. SRI RAMANNA S/O LATE RANGABHOVI MAJOR RESPONDENTS NO.6 TO 13 ARE R/O IDDALINGAPURA VILLAGE KASABA HOBLI, MYSURU TALUK MYSURU DISTRICT - 570 002. …RESPONDENTS (BY SRI. MOHAMMAED JAFFER SHAH, AGA FOR R1 TO R5 SRI. A. MADHUSUDHANA RAO, ADVOCATE FOR R6 TO R13) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) SET ASIDE THE ORDER DATED 11.06.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 4822/2024 (KLR-RES) b) CONSEQUENTLY ALLOW THE WRIT PETITION FILED BY THE PETITIONER/APPELLANT HEREIN, AND QUASH THE ORDER DATED 21.11.2023 PASSED BY THE DEPUTY COMMISSIONER ANNEXURE-F c) GRANT SUCH OTHER RELIEFs AS THIS HONBLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 4 - HC-KAR NC: 2025:KHC:43046-DB WA No. 1556 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed by the appellant being aggrieved by the judgment and order dated 11.06.2024 passed in W.P.No.4822/2024 by the learned Single Judge in the petition filed by the appellant herein. 2. The petitioner had impugned the order dated 21.11.2023 passed in Revision Petition No.25/2020 on the file of the Deputy Commissioner; thereby, the revision petition filed by the contesting respondents was allowed. 3. The facts as noted in paragraph No.2 of the impugned judgment read as under: "2. Relevant facts for the adjudication of this writ petition are that, the petitioner claims to be absolute owner in possession of the land in question having purchased the land in auction proceedings, and thereafter, his name has been reflected in the revenue records. It is stated by the petitioner that, the respondent No.4, by passing the order at Annexure-D entered name as Burial Ground in the column No.9 of RTC and feeling aggrieved by the same the same the petitioner has preferred appeal before respondent No.3-Assistant Commissioner under Section - 5 - HC-KAR NC: 2025:KHC:43046-DB WA No. 1556 of 2024 136(2) of the Karnataka Land Revenue Act, 1964. Respondent No.3, by order dated 12.02.2004 (Annexure- E), allowed the application filed by the petitioner and set aside the orders passed by respondent No.4-Thasildar, entering the name of burial ground in the RTC extracts. Being aggrieved by the same, revision petition was filed before the respondent No.2 in RPNo.25 of 2020 and the respondent No.2 by order dated 21.11.2023 (Annexure-F) allowed the revision petition filed by the contesting respondents and as such, set aside the order dated 12.02.2004 (Annexure-E) passed by the respondent No.3. Being aggrieved by the same, the petitioner has preferred this writ petition. 4. The learned Single Judge, after considering the documents produced by the parties in their pleadings and after hearing the parties, has come to the conclusion that in the earlier round of proceedings, the Deputy Commissioner, vide order dated 21.09.2013, directed the parties to establish their rights over the land in question in appropriate civil proceedings. It appears that instead of filing the civil suit to establish their respective rights, the appellant and other members of the family filed a suit between themselves seeking partition of the land in dispute. As the appellant herein tried to mislead the Court, his petition has been dismissed with a cost of Rs.5,000/- - 6 - HC-KAR NC: 2025:KHC:43046-DB WA No. 1556 of 2024 to be paid by the appellant to the Karnataka State Legal Services Authority. 5. Having considered the facts and circumstances of the case and that the appellant had adopted collusive proceedings by filing a partition suit about land in question, we are of the view that there is no scope for interference and therefore, the writ appeal is dismissed. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE HDK CT-SG List No.: 1 Sl No.: 34