- 1 - HC-KAR NC: 2025:KHC:44432 WP No. 27909 of 2024 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. 27909 OF 2024 (KLR-RES) BETWEEN: 1. SRI HANUMANTHARAYAPPA SON OF LATE. BYLAPPA AGED ABOUT 60 YEARS RESIDING AT BICHANAHALLI VILLAGE, MAYASANDRA HOBLI, MAGADI TALUK RAMANAGAR DISTRICT … PETITIONER (BY SRI. SIDDAMALLAPPA P M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA RESPRESENTATED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S.BUILDING, BANGALORE-560 001 2. THE DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR PIN CODE - 572 120. 3. THE ASSISSTANT COMMISSIONER TUMKUR SUB-DIVISION TUMKUR, PIN CODE - 572 120 Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44432 WP No. 27909 of 2024 4. SMT.RANGAMMA WIFE OF T.V.RAGHAVAIAH AGED ABOUT 59 YEARS, RESIDING AT BANADAPALYA HEBBUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT PIN - 572 120 5. SRI.T.R.NARAYANAPPA SON OF T.V.RAGHAVAIAH AGED ABOUT 35 YEARS, RESIDING AT BANADAPALYA HEBBUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT PIN CODE - 572 120 6. SRI.T.R.GARUDAIAH SON OF T.V.RAGHAVAIAH AGED ABOUT 55 YEARS, RESIDING AT BANADAPALYA HEBBUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT PIN CODE - 572 120. 7. SMT.T.R.RATHNAMMA DAUGHTER OF T.V.RAGHAVAIAH AGED ABOUT 42 YEARS, RESIDING AT BANADAPALYA HEBBUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT PIN CODE - 572 120. 8. SRI.T.R.RAGHUNATH SON OF T.V.RAGHAVAIAH AGED ABOUT 40 YEARS, - 3 - HC-KAR NC: 2025:KHC:44432 WP No. 27909 of 2024 RESIDING AT BANADAPALYA HEBBUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT PIN CODE - 572 120. 9. SRI A. RAMAIAH SON OF LATE LINGAIAH AGED ABOUT 50 YEARS RESIDING AT TAVAREKERE VILLAGE HEBBUR VILLAGE, TUMKUR TALUK TUMKUR DISTRICT PIN CODE - 572 120. … RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R3; SRI H.C. SHIVARAMU, ADVOCATE FOR R4 TO R8; R9 - SERVED) *** THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD. 23.09.2024 PASSED IN R.P.NO. 49/2023 AS PER ANNEXURE-B BY THE R-2 AND TO CONFIRM THE ORDER OF THE ASSISTANT COMMISSIONER PASSED IN R.A. NO. TUM/1406/2022 DATED 27.01.2023 AS PER ANNEXURE-C AND ETC. THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 4 - HC-KAR NC: 2025:KHC:44432 WP No. 27909 of 2024 ORAL ORDER The petitioner has sought for setting aside of the order of Deputy Commissioner at Annexure-'B' dated 23.09.2024 passed in Revision Petition No.49/2023. The Deputy Commissioner had allowed the said Revision Petition by setting aside the order of Assistant Commissioner. The Assistant Commissioner, by order dated 27.01.2023 had allowed the appeal filed by the petitioner herein and directed that the mutation with respect to the property bearing Survey No.113/3 situated at Tavarekere Village, Hebbur Hobli, Tumakuru Taluk be effected in the name of Sri Hanumantarayappa, the petitioner herein, in terms of the registered Settlement Deed. 2. The facts are that the petitioner herein had asserted that the mutation was standing in the name of his grandfather and by virtue of the Settlement Deed, the revenue entries ought to be effected taking note of the averments in the Settlement Deed in favour of the - 5 - HC-KAR NC: 2025:KHC:44432 WP No. 27909 of 2024 petitioner herein. While as noticed above, the Assistant Commissioner had allowed the petition, however, the Deputy Commissioner had set aside the order of Assistant Commissioner, it would be appropriate to state that the respondent Nos.4 to 8 had allegedly entered into an Agreement to Sell with the petitioner herein and the suit for specific performance was filed to specifically enforce the agreement in O.S.No.733/1996. The suit having been decreed in Execution Petition No.105/1999 and the Sale Deed having been executed through Court, the father of respondent Nos.4 to 8 had the benefit of such Sale Deed. Taking note of such fact, the Deputy Commissioner had allowed the Revision Petition No.49/2023 setting aside the order of Assistant Commissioner and had directed that the revenue entries be effected taking note of the Sale Deed executed pursuant to the proceedings in Execution Petition No.105/1999 with respect to an extent of 3 acres. 3. Accordingly, this Court finds no reason for interference with the said order of Deputy Commissioner - 6 - HC-KAR NC: 2025:KHC:44432 WP No. 27909 of 2024 noticing that the Sale Deed executed through Court had in effect taken away the rights of petitioner and vested the same in the name of father of respondent Nos.4 to 8. No doubt, learned counsel for the petitioner submits that O.S.No.56/2025 has been filed by the petitioner seeking declaratory relief in which the contesting respondents have been arrayed as defendants, it is needless to state that the rights that would flow by the order of the Deputy Commissioner would be subject to the orders to be passed in the pending suit. All contentions are kept open. 4. However, it is needless to state that the revenue entries are to be effected taking note of the order of Deputy Commissioner. Accordingly, the petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR