- 1 - HC-KAR NC: 2025:KHC:32970 WP No. 22125 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 22125 OF 2025 (KLR-RES) BETWEEN: 1. SMT PARVATHAMMA W/O LATE BOMMEGOWDA, AGED 59 YEARS, R/O CHIKKAHOSAHALLI VILLAGE, KASABA HOBLI, K R PET TALUK, MANDYA DISTRICT 571426. 2. SMT SHASHIKALA C B D/O LATE BOMMEGOWDA, W/O THMMANNAGOWDA, AGED 38 YEARS, R/O CHIKKAHOSAHALLI VILLAGE, KASABA HOBLI, K R PET TALUK, MANDYA DISTRICT 571426. 3. SMT BHAVYA C B D/O LATE BOMMEGOWDA, W/O DEVARAJU, AGED ABOUT 35 YEARS, R/O NATANAHALLI VILLAGE, BHOOKANAKERE HOBLI, K R PET TALUK, MANDYA DISTRICT 571426. 4. SRI EREGOWDA S/O LATE BOMMARAYIGOWDA AGED ABOUT 67 YEARS, R/O CHIKKAHOSAHALLI VILLAGE, KASABA HOBLI, K R PET TALUK, MANDYA DISTRICT 571426. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32970 WP No. 22125 of 2025 5. SRI NINGA RAJU S/O LATE BOMMARAYIGOWDA, AGED ABOUT 64 YEARS. R/O CHIKKAHOSAHALLI VILLAGE, KASABA HOBLI, K R PET TALUK, MANDYA DISTRICT 571426. 6. SMT PUTTAMMA D/O LATE BOMMEGOWDA, W/O NANJEGOWDA, AGED ABOUT 65 YEARS. JAGINAKERE VILLAGE, SANTEBACHAHALLI HOBLI, K R PET TALUK, MANDYA DISTRICT 571426. …PETITIONERS (BY SRI. C.R. GOPAL SWAMY, SR.COUNSEL FOR SRI. CHANDRASHEKAR.N, ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER PANDAVAPURA SUB DIVISION, PANDVAPURA, MANDYA DISTRICT 571434. 2. THE TAHASILDAR K R PET TALUK, MANDYA DISTRICT 571426. SRI JAVARE GOWDA S/O BOMMEGOWDA, SINCE DEAD BY LRS, 3. SRI MANJEGOWDA, S/O BOMMEGOWDA, AGED ABOUT 52 YEARS, R/O CHIKKONAHALLI VILLAGE, KASABA HOBLI, K R PETE TALUK, MANDYA DISTRICT 571426. - 3 - HC-KAR NC: 2025:KHC:32970 WP No. 22125 of 2025 4. SMT DEVAMMA W/O BOMMEGOWDA, AGED ABOUT 70 YEARS, R/O CHIKKONAHALLI VILLAGE, KASABA HOBLI, K R PETE TALUK, MANDYA DISTRICT 571426. 5. SRI RAMAKRISHNA GOWDA S/O LATE JAVAREGOWDA , AGED ABOUT 50 YEARS, R/O HEMMANAHALLI VILLAGE, KASABA HOBLI, K R PETE TALUK, MANDYA DISTRICT 571426. 6. SMT JAYALAKSHMAMMA W/O LATE JAVAREGOWDA AGED ABOUT 68 YEARS, R/O HEMMANAHALLI VILLAGE, KASABA HOBLI, K R PETE TALUK, MANDYA DISTRICT 571426. 7. SRI DEVARAJU S/O LATE JAVAREGOWDA, AGED ABOUT 64 YEARS, R/O CHIKKONAHALLI VILLAGE, KASABA HOBLI, K R PETE TALUK, MANDYA DISTRICT 571426. 8. SMT NANJAMMA D/O LATE JAVAREGOWDA, W/O SRI VENKATEGOWDA AGED ABOUT 60 YEARS, R/O HANUMANAKATTE VILLAGE, K R PETE TALUK, MANDYA DISTRICT 571426. 9. SRI MANJEGOWDA S/O LATE JAVAREGOWDA, AGED ABOUT 55 YEARS, R/O HEMMENAHALLI VILLAGE, KASABA HOBLI, K R PETE TALUK, - 4 - HC-KAR NC: 2025:KHC:32970 WP No. 22125 of 2025 MANDYA DISTRICT 571426. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH., AGA FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT TO QUASH THE IMPUGNED ORDER DATED 14/06/2024 PASSED IN CASE NO.R.MISC. (K)238/2024 VIDE ANNEXURE-A 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 Learned Additional Government Advocate takes notice for respondent Nos.1 and 2. Notice to respondent Nos.3 to 9 are not necessary for the following reasons. 2. Learned Senior Counsel appearing for the petitioners submits that the petitioners had filed an appeal before the Assistant Commissioner at Annexure-B in R.Misc.No.136/2023-24 impleading Sri.Javaregowda and Smt.Devamma W/o Javaregowda as party respondents to the proceedings and when the matter was still pending consideration, an order has been passed by the Assistant Commissioner at Annexure-A, at the instance of the private - 5 - HC-KAR NC: 2025:KHC:32970 WP No. 22125 of 2025 respondents herein, who are the children of late Sri.Javaregowda and Smt.Devamma, directing entry of their names in the revenue records, although the petitioners herein are not parties to the said proceedings. However, learned Senior Counsel fairly submits that it appears that the private respondents herein had filed a suit in O.S.No.358/2024 on the file of the learned Civil Judge and JMFC, K.R. Pete, where a compromise decree appears to have been drawn by the Civil Court at the instance of the private respondents herein, who did not implead the petitioners herein as parties to the said suit. Nevertheless, the Assistant Commissioner has also passed an order in the appeal filed by the petitioners herein at Annexure-D dated 05.07.2024 directing the Tahsildar to enter the name of the petitioners herein. Learned Senior Counsel submits that there are conflicting orders passed by the Assistant Commissioner. However, the private respondents herein have filed a revision petition before the Deputy Commissioner in R.P.No.61/2025 which is pending consideration. 3. Having regard to the admitted facts and that the revision petition filed at the hands of the private respondents - 6 - HC-KAR NC: 2025:KHC:32970 WP No. 22125 of 2025 herein is still pending consideration before the Deputy Commissioner, this Court is of the considered opinion that the petitioners are required to raise such a plea before the Deputy Commissioner. If such a plea is raised by the petitioners herein, bringing to the notice of the Deputy Commissioner conflicting orders passed by the Assistant Commissioner, the Deputy Commissioner shall consider the same and pass necessary orders in accordance with law. 4. The writ petition is accordingly disposed of, reserving liberty to the petitioners to raise such contentions before the Deputy Commissioner in the pending revision petition filed at the hands of the private respondents herein. Ordered accordingly. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv