- 1 - HC-KAR NC: 2025:KHC:38294 WP No. 13806 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 13806 OF 2024 (KLR-RES) BETWEEN: 1. SMT SHUSHEELAMMA AGED ABOUT 74 YEARS, W/O LATE SRI MUNISHAMAPPA R/AT BAYYAPPANAHALLI VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE DISTRICT. 2. SRI TAMMAIAH AGED ABOUT 55 YEARS, S/O LATE SRI MUNISHAMAPPA R/AT BAYYAPPANAHALLI VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE DISTRICT. 3. SRI SRINIVAS B M AGED ABOUT 52 YEARS, S/O LATE SRI MUNISHAMAPPA R/AT BAYYAPPANAHALLI VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE DISTRICT. 4. SRI SUBRAMANI B M AGED ABOUT 49 YEARS, S/O LATE SRI MUNISHAMAPPA R/AT BAYYAPPANAHALLI VILLAGE BIDARAHALLI HOBLI Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38294 WP No. 13806 of 2024 BANGALORE EAST TALUK BANGALORE DISTRICT …PETITIONERS (BY SRI. MURUGESH V CHARATI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M S BUILDING, DR AMBEDKAR VEEDHI BENGALURU-560001. 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT KANDAYA BHAVAN, K G ROAD BENGALURU-560001. 3. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB DIVISION KANDAYA BHAVAN,K G BHAVAN BANGALORE-560001. 4. THE TAHASILDAR BANGALORE EAST TALUK MINI VIDANA SOUDHA K R PURAM, BANGALORE-560016. 5. SRI NAGARAJU S/O LATE CHIKKANNA AGED ABOUT 61 YEARS, R/AT BYAPPANAHALLI VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BENGALURU-560036. …RESPONDENTS (BY SRI.V. SESHU., HCGP FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ORDER DTD 14.03.2022, PASSED BY THE R3 IN R.A.(BE) NO.258/2021 AND R.P.NO.200/2023 DTD 02.12.2023, - 3 - HC-KAR NC: 2025:KHC:38294 WP No. 13806 of 2024 PASSED BY THE R2 AT ANNEXURE-M AND N, WHICH ARE PRODUCED ALONG WITH THIS MEMORANDUM OF WRIT PETITION QUASH THE SAME AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioners claiming to be the legal representatives of Late Smt. Sanna Gowramma, are before this Court aggrieved of the impugned order dated 02.12.2023 passed by the Deputy Commissioner, in R.P.No.200/2023-24 at Annexure-N. 2. It is the contention of the petitioners that 2.00 Acres of land in Sy.No.35 of Kammasandra village, Bidarahalli Hobli, Bengaluru East Taluk was granted in favour Sri.Muniswamappa S/o Thammanna in the year 1967. Sri.Muniswamappa during his lifetime sold 1 Acre and 20 Guntas of land in favour of Sri.Chikkanna under a registered sale deed dated 02.08.1974. 20 Guntas of land remained with him and accordingly, the revenue entries were maintained showing 20 Guntas of land in favour of - 4 - HC-KAR NC: 2025:KHC:38294 WP No. 13806 of 2024 Sri.Muniswamappa. After the death of Sri.Muniswamppa, the revenue entries were mutated in favour of his widow Smt.Sanna Gowramma. 3. The grievance of the petitioners is that respondent No.5 herein, Sri.Nagaraju, who is a son of Late Chikkanna, who had purchased 1 Acre and 20 Guntas of land from Sri.Muniswamappa had filed an appeal before the Assistant Commissioner, Bengaluru North Sub-Division in R.A.(BE) 258/2021 showing Smt.Sanna Gowramma as appellant No.2 although Smt.Sanna Gowramma was not the appellant and she had not signed Vakalath. 4. It is submitted that respondent No.5 filed the appeal only to ensure that an extent of 2.00 Acres are shown in the name of respondent No.5 in the RTC and accordingly, respondent No.5 obtained an order at the hands of Assistant Commissioner at Annexure-M that an extent of 18 Guntas of land in Sy.No.35 is retained in the name of Smt.Sanna Gowramma and another extent of 02 Guntas are shown in Sy.No.74. - 5 - HC-KAR NC: 2025:KHC:38294 WP No. 13806 of 2024 5. Learned Senior Counsel Sri.Srivatsa, appearing for respondent No.5 submits that there is absolutely no grievance for the petitioners to have gone before the Deputy Commissioner questioning the order passed by the Assistant Commissioner. Today, the learned Senior Counsel has filed a memo along with the latest RTCs reflecting 20 Guntas of land in Sy.No.35 in the name of Smt.Sanna Gowramma and another 02 Guntas of land in Sy.No.74/1 in the name of Smt. Sanna Gowramma. At the same time, Sy.No.74 reflects the name of respondent No.5 only to an extent of 1 Acre and 20 Guntas. In that view of the matter, learned Senior Counsel submits that no infirmity can be found in the impugned order passed by the Deputy Commissioner. 6. To a pointed question put by this Court to the learned Counsel for the petitioners as to what exactly is the grievance of the petitioners, the learned Counsel submitted that respondent No.5 could not have gone before the Assistant Commissioner to claim that in - 6 - HC-KAR NC: 2025:KHC:38294 WP No. 13806 of 2024 Sy.No.74 what remained with Smt.Sanna Gowramma was 02 Guntas only while misleading the Revenue Authorities that the remaining 18 Guntas are in Sy.No.35. 7. Heard the learned Counsel for the petitioners, the learned Senior Counsel for respondent No.5, the learned High Court Government Pleader for the Revenue Authorities and on perusing the petition papers, this Court finds that there was no reason for the petitioners to have filed a revision petition before the Deputy Commissioner. However, since it has been pointed out from the operative portion of the orders passed by the Deputy Commissioner at Annexure-N that Smt.Sanna Gowramma should have questioned the phodi and survey proceedings where 02 Guntas of land were reduced from Sy.No.35 and such an action cannot be taken beyond the period prescribed, learned counsel for the petitioner prays that the observations of the Deputy Commissioner may be clarified. 8. Accordingly, the writ petition stands disposed of while clarifying the impugned order passed by the Deputy - 7 - HC-KAR NC: 2025:KHC:38294 WP No. 13806 of 2024 Commissioner that Smt. Sanna Gowramma is entitled to have her name continued in the revenue records to a total extent of 20 Guntas. Even according to the latest RTCs, the name of Smt.Sanna Gowramma is reflected in Sy.No.35 to an extent of 20 Guntas and another extent of 02 Guntas are reflected in Sy.No.74/1. In reality, it seems that 22 Guntas are now standing in the name of Smt.Sanna Gowramma, although the claim of the petitioners is in respect of 20 Guntas. If the petitioners are entitled to have their names entered in the revenue records in accordance with law, claiming to have succeeded to the properties of Smt.Sanna Gowramma, liberty is granted to the petitioners to file necessary application seeking entry of their names in the revenue records, in accordance with law. Ordered accordingly. Sd/- (R DEVDAS) JUDGE DL CT: JL