- 1 - HC-KAR NC: 2025:KHC:38117-DB WA No. 1547 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND 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. 1547 OF 2025 (KLR-RES) BETWEEN: SRI L. RAJASHEKARA MURTHY, S/O LATE B. LINGAIAH, AGED ABOUT 60 YEARS, R/AT DUGGALAPURA VILLAGE, KASABA HOBLI, TARIKERE TALUK, CHIKAMAGALURU DISTRICT-577 228. …APPELLANT (BY SRI SUNIL S RAO, ADVOCATE FOR SRI T SESHAGIRI RAO, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REP. BY ITS PRINCIPAL SECRETARY, M.S BUILDING, K R CIRCLE, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, CHIKAMAGALURU DISRICT, AT CHIKAMAGALURU. 3. THE ASSISTANT COMMISSIONER, TARIKERE SUB-DIVISION, AT TARIKERE, CHIKAMAGALURU DISTRICT. 4. THE THASILDAR, TARIKERE, TARIKERE (TALUK), CHIKAMAGALURU DISTRICT. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38117-DB WA No. 1547 of 2025 5. SRI RAJEGOWDA, S/O LATE BOMARAYAGOWDA, AGED ABOUT 70 YEARS, R/AT BAVIKERE VILLAGE, LAKAVALLI HOBLI, TARIKERE TALUK, CHIKAMAGALURU DISTRICT. …RESPONDENTS (BY SRI K.S HARISH G.A, ADVOCATE FOR R-1 TO 4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) SET ASIDE THE IMPUGNED ORDER PASSED BY LEARNED SINGLE JUDGE IN WP NO.19509/2025 DATED 08/07/2025 AND ALSO SET ASIDE THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.2 IN RP NO.31/2023 DATED 18/03/2025 AND CONSEQUENTLY PASS SUCH DIRECTIONS RESTORING THE ORDERS OF ASSISTANT COMMISSIONER DATED 08/06/2023 b)GRANT SUCH RELIEF/s. 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. JUSTICE C M JOSHI) 1. For the reasons stated in the accompanying affidavit, IA No.1/2025 is allowed. Delay of 25 days in filing the appeal is condoned. 2. Being aggrieved by the order dated 08.07.2025 [impugned order] passed by the learned Single Judge of this Court in Writ - 3 - HC-KAR NC: 2025:KHC:38117-DB WA No. 1547 of 2025 Petition No.19509/2025, the appellant [writ petitioner] is before this Court in this appeal. 3. The appellant had filed the said writ petition assailing the order passed by respondent No.2 [the Deputy Commissioner, Chikkamagaluru] in RP No.31/2023 dated 18/03/2025 and consequently, for a direction to restore the order of respondent No.3 [the Assistant Commissioner, Tarikere, Chikkamagaluru] dated 08/06/2023 in RA No.53/2011-12. 4. It is the case of the writ petitioner that he has been cultivating 02 acres of land in Sy.No.164, Duggalapura village, Kasaba Hobli, Tarikere Taluk, unauthorizedly. He sought for regularization of the same and made an application on 18.01.2019 before respondent No.4 [the Tahasildar, Tarikere, Chikkamagaluru] under Rule 108(ccc) in Form No.53 which was numbered as 2904/18-19. 5. Respondent No.5-Rajegowda, claims that he had purchased 02 acres 25 guntas of land in the same Survey No.164 vide sale deed dated 01.03.1997 from one Smt. Kalamma w/o Hoovegowda and accordingly, the revenue records have been mutated in his name as per MR No.74/1996-97. - 4 - HC-KAR NC: 2025:KHC:38117-DB WA No. 1547 of 2025 6. In an earlier round of litigation, the appellant had questioned MR.No.74/1996-97 before the Assistant Commissioner in RA.No.90/1999-2000 and the same was disposed of directing the parties to approach the Civil Court for appropriate relief. Thereafter, respondent No.5-Rajegowda had filed OS.No.132/1997 and the writ petitioner had filed OS.No.114/2002 seeking injunctive reliefs, both of which came to be dismissed by a common judgment of the Civil Court dated 08.07.2008. 7. Thereafter, the appellant again filed an appeal questioning MR.No.74/1996-97 in RA.No.53/2011-12 before respondent No.3 seeking entry of his name in the revenue records in respect of the subject property. The said appeal came to be disposed of on 08.06.2023 directing the entry of the name of Kalamma and others. Against the said order, respondent No.5 approached respondent No.2 in revision in RP No. 31/2023, which came to be allowed on 18.03.2025. The said order dated 18.03.2025 in RP.No.31/2023 was assailed before the learned Single Judge in vain. 8. It is evident that respondent No.5-Rajegowda claims to be purchaser of the subject land from the Legal representatives of the - 5 - HC-KAR NC: 2025:KHC:38117-DB WA No. 1547 of 2025 original grantee-Hoovappa Gowda. The revenue records reveal that the grant was in favour of Hoovappa Gowda as per the grant order dated 01.12.1961. The revenue records reveal entry of the name of Hoovappa Gowda on the basis of such grant in the year 1996-97. After his death, names of his wife Kalamma and others was entered in the revenue records. Thereafter, the purchase of the land by respondent No.5 is recorded in MR.No.74/1996-97. 9. The claim of the appellant is based on his contention of possession and his application for regularization of unauthorized possession to the concerned authorities. Therefore, respondent No.2 Deputy Commissioner came to the conclusion that such unauthorized possession having not been regularized as yet, the name of the writ petitioner cannot be entered in the revenue records. On that ground, he found fault with the order of respondent No.3- Assistant commissioner and ordered continuance of the name of respondent No.5 in the revenue records. Obviously, the appellant who claims his rights over the subject property had not sought any declaration of title before the Civil Court as was directed in the earlier round of litigation. But had filed a suit for injunction in OS No.114/2002. The said suit having been - 6 - HC-KAR NC: 2025:KHC:38117-DB WA No. 1547 of 2025 dismissed, there is no discernible legal right in favour of the appellant. 10. Therefore, we do not find any grounds to fault the order of the learned Single Judge dismissing the writ petition. The appeal, is unmerited and therefore, the same is dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 39