- 1 - HC-KAR NC: 2025:KHC:36851-DB WA No. 1778 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1778 OF 2024 (KLR-RES) BETWEEN: SRI N S KALAPPA, S/O LATE SRI SUBBAIAH, AGED ABOUT 72 YEARS, R/A AVANDI VILLAGE, MADIKERI TALUK-571 201. …APPELLANT (BY SRI NISHANTH S K, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, KODAGU DISTRICT, MADIKERI-571 201. 2. THE ASSISTANT COMMISSIONER, MADIKERI SUB-DIVISION, MADIKERI-571 201. 3. THE TAHSILDAR, MINI VIDHANA SOUDHA, MADIKERI-571 201. 4. THE REVENUE INSPECTOR, MADIKERI HOBLI, MADIKERI TALUK, MADIKERI-571 201. 5. SRI N K ERAPPA, S/O LATE SRI KALAIAH, AGED ABOUT 87 YEARS, R/A AVANDI VILLAGE, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36851-DB WA No. 1778 of 2024 MADIKERI-571 201. …RESPONDENTS (BY SMT. NAMITHA MAHESH, AGA FOR R-1 TO 4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO i) CALL FOR RECORDS ii) ALLOW THE APPEAL SET ASIDE THE ORDER DATED 05/11/2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.13240/2024 AND THEREBY CONSEQUENTLY DISMISS THE SAID PETITION, DIRECTING THE RESPONDENT AUTHORITIES TO RETAIN THE NAME OF THE APPELLANT IN SY.NO.1/13 OF AVANDI VILLAGE, MADIKERI TALUK. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed the present appeal, impugning an order dated 05.11.2024 [impugned order] in Writ Petition No.13240/2024 [KLR-RES] passed by the learned Single Judge, whereby, the said writ petition was allowed and the order dated 21.11.2023 passed by respondent No.1 [Deputy Commissioner, Madikeri, Kodagu ] in RP No.20/2023 was set aside and the order dated 29.09.2022 bearing No.gÉC/85/2022-23 passed by - 3 - HC-KAR NC: 2025:KHC:36851-DB WA No. 1778 of 2024 respondent No.2 [Assistant Commissioner, Madikeri Sub-Division, Madikeri, Kodagu], was also set aside. Respondent No.5 had filed the said petition impugning the above orders. 2. The controversy relates to the entry of the appellant’s name in the land records in respect of the land measuring approximately 13 acres in Survey No.1/13 located in Avandi Village, Madikeri Hobli and Taluk, Kodagu [subject land]. The appellant states that the property comprised in Survey No.1/1 was measuring approximately 220 acres located in Avandi Village was granted to Napanda family by the then King for the services rendered in the army. The appellant claims to be a member of his family and asserts that he derives his title from his forefathers, in whose name the grant was made. On 28.07.2021, the appellant filed an application before respondent No.3 [The Tahsildar, Madikeri] for recording his name in respect of the subject property. Respondent No. 5 objected to the said application and the Tahsildar, rejected the said application, and directed the parties to maintain status quo as to the subject property. It was observed that the disputes were - 4 - HC-KAR NC: 2025:KHC:36851-DB WA No. 1778 of 2024 of civil nature and therefore, the Tahsildar declined to alter the land records. 3. The appellant appealed the said order before respondent No.2 [Assistant Commissioner, Madikeri Sub-Division] which was allowed in terms of the order dated 26.09.2022 and directed that the appellant's name be entered in the land records with respect to the subject land. Being aggrieved by the same, respondent No.5 had filed a revision petition before respondent No.1 [Deputy Commissioner, Madikeri], which was dismissed by an order dated 21.11.2022. Aggrieved by the same, respondent No. 5 had filed the writ petition which came to be allowed in terms of the impugned order. 4. The learned counsel appearing for the appellant submits that the appellant is in possession of the subject land and therefore, his name is required to be entered in the land records. 5. It is material to note that, the learned Single Judge has also noted in the impugned order that Civil Suit in OS No. 33/2024, for partition of the properties belonging to Napanda family, including the properties of late Napanda P. Palangappa, is pending before - 5 - HC-KAR NC: 2025:KHC:36851-DB WA No. 1778 of 2024 the Senior Civil Judge. The land record reflects the name of the late Napanda P. Palangappa in respect to the subject lands. Thus, on a pointed query from this Court, the learned counsel appearing for the appellant concedes that the appellant is not a direct descendant of Napanda P. Palangappa, but belongs to the same family. He also submits that the appellant is a party to the partition suit being OS No.33/2024. 6. Considering that the disputes regarding the partition of the assets belonging to the members of the Napanda family, are pending before the Civil Court, we find no infirmity with the impugned order in allowing the petition and directing that no alterations required to be carried out in the land records at this stage. Accordingly, the learned Single Judge had also directed the concerned authorities to continue reflecting the name of Napanda P. Palangappa in the revenue records pertaining to the subject property. Now, we clarify that the same would be subject to the outcome of OS No. 33/2024 which is pending before the Senior Civil Judge and CJM, Kodagu, Madikeri. - 6 - HC-KAR NC: 2025:KHC:36851-DB WA No. 1778 of 2024 7. The present appeal is unmerited and accordingly, dismissed. 8. Pending application is also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 26