- 1 - HC-KAR NC: 2025:KHC:53678 WP No. 51289 of 2019 C/W WP No. 51441 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 51289 OF 2019 (KLR-RR/SUR) C/W WRIT PETITION NO. 51441 OF 2019 (KLR-RES) IN WP No. 51289/2019 BETWEEN: 1. SRI M SURESH KUMAR S/O. LATE MUNIRAMAIAH, AGED ABOUT 49 YEARS, OCCUPATION AGRICULTURE, R/AT DOOR NO. 2, BEHIND SANDAL WOOD OIL FACTORY, JAYANAGAR EXTENSION, MYSURU-570 014. 2. SMT. M. JAYASHREE W/O. SRI. T. B. JAYARAM, D/O. LATE MUNIRAMAIAH, AGED ABOUT 54 YEARS, R/AT DOOR NO. 18, BEHIND RAILWAY WORKSHOP, JAYANAGAR EXTENSION, MYSURU-570 014. …PETITIONERS (BY SRI. S. SUSHEELA, SENIOR COUNSEL FOR SRI. PRASANNA V.R, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MYSURU DISTRICT, MYSURU-570 001. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53678 WP No. 51289 of 2019 C/W WP No. 51441 of 2019 2. THE ASSISTANT COMMISSIONER MYSURU SUB-DIVISION, MYSURU-570 001. 3. THE TAHSILDAR MYSURU TALUK, MYSURU-570 001. 4. H. SHASHIKALA D/O. LATE YESHODAMMAL, AGED ABOUT 46 YEARS, R/AT KURUBARA BEEDHI, WARD NO.21, CHAMARAJANAGARA TOWN, CHAMARAJANAGARA DISTRICT-571 313. 5. H. LALITHA D/O. LATE YESHODAMMAL, AGED ABOUT 36 YEARS, R/AT KURUBARA BEEDHI, WARD NO. 21, CHAMARAJANAGARA TOWN, CHAMARAJANAGARA DISTRICT-571 313. …RESPONDENTS (BY SRI. RAHUL CARIAPPA K.S, AGA FOR R1-R3, SRI. R.C. NAGARAJ, ADVOCATE FOR R4 & R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-ISSUE AN ORDER, REVIEWING THE ORDER DATED 16.03.2018 IN W.P NO.28930/2019 (KLR-RES) PASSED BY THIS HONBLE COURT, VIDE ANNEXURE-A AND ETC. - 3 - HC-KAR NC: 2025:KHC:53678 WP No. 51289 of 2019 C/W WP No. 51441 of 2019 IN WP NO. 51441/2019 BETWEEN: 1. 1(A) 1(B) CHANNAPPA s/o LATE GIRIGOWDA, AGED ABOUT 52 YEARS, R/AT MALALAWADI VILLAGE, KASABA HOBLI, MYSURU TALUK & DISTRICT-570 011 (SINCE DEAD BY HIS LRS) SMT. LAKSHMI W/O LATE SRI. CHANNAPPA AGED ABOUT 49 YEARS KUM. THANMAYI C D/O LATE SRI. CHANNAPPA AGED ABOUT 21 YEARS R/AT MALALAWADI VILLAGE KASABA HOBLI, MYSURU TALUK MYSURU DISTRICT-570 011. (AMENDED AS PER COURT ORDER DATED.26.10.2023) 2. SMT LALITHAMMA D/O LATE GIRIGOWDA, W/O SRI NAGARAJ, AGED ABOUT 48 YEARS, R/AT MALALAWADI VILLAGE, KASABA HOBLI, MYSURU TALUK & DISTRICT-570 011 ...PETITIONERS (BY SRI. S. SUSHEELA, SENIOR COUNSEL FOR SRI. PRASANNA V.R, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MYSURU DISTRICT, MYSURU - 570 001. - 4 - HC-KAR NC: 2025:KHC:53678 WP No. 51289 of 2019 C/W WP No. 51441 of 2019 2. THE ASST. COMMISSIONER MYSURU SUB-DIVISION, MYSURU-570 001 3. THE TAHSILDAR MYSURU TALUK, MYSURU-570 001 4. H SHASHIKALA, D/O LATE YESHODAMMAL, AGED ABOUT 46 YEARS, R/AT KURUBARA BEEDHI, WARD NO 21, CHAMARAJANAGARA TOWN, CHAMARAJANAGARA DISTRICT-571 313 5. H LALITHA D/O LATE YESHODAMMAL, AGED ABOUT 36 YEARS, R/AT KURUBARA BEEDHI, WARD NO 21, CHAMARAJANAGARA TOWN, CHAMARAJANAGARA DISTRICT-571 313 ...RESPONDENTS (BY SRI. RAHUL CARIAPPA K.S, AGA FOR R1-R3 SRI. R.C. NAGRAJ, ADVOCATE FOR R4 & R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER, REVIEWING THE ORDER DATED 16.03.2018 IN WP NO.28930/2014 (KLR-RES) PASSED BY THIS HON-BLE COURT, VIDE ANNX-A AND ETC. THESE PETITIONS HAVING BEEN RESERVED FOR ORDERS ON 10.12.2025 COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K - 5 - HC-KAR NC: 2025:KHC:53678 WP No. 51289 of 2019 C/W WP No. 51441 of 2019 CAV ORDER 1. The petitioners in these writ petitions have sought for review of the order dated 16.03.2018 passed in W.P No.28930/2019(KLR-RES) by the Co-ordinate Bench of this Court as per Annexure-A. 2. The grievance of the petitioners is that Late Muniramaiah (father of petitioners in WP.No.51289/2019), Late Girigowda (father of petitioners in WP.No.51441/2019) along with other two applicants i.e., Anjanappa and Siddahanumaiah filed an application for grant of occupancy right in respect of Sy.No.32/3 measuring 3.24 acres and Sy.No.33/3 measuring 2.5 acres situated at Malalwadi Village, Mysuru Taluk and District. After an enquiry, the Land Tribunal conferred occupancy right in the name of all the four applicants to the extent of 1/4th share each initially vide order dated 19.12.1978 (Annexure-B). 3. Thereafter, the applicants/grantees by filing necessary applications before the Land Tribunal sought to conferring occupancy right as per their respective possession ,instead of 1/4th share each and the Land Tribunal, after conducting survey - 6 - HC-KAR NC: 2025:KHC:53678 WP No. 51289 of 2019 C/W WP No. 51441 of 2019 and fixing the boundaries, has passed a fresh order dated 24.08.1981 in KLRM-4412/79-80, 2968/75-76, 2962/75-76 (Annexure-C). 4. Later, Muniramaiah was conferred with occupancy right to the extent of 0.27 acres in Sy.No.32/3 (viz., bifurcated 0.18 acres in Sy.No.32/3B and 0.09 acres in Sy.No.32/3G) and 0.15 acres in Sy.No.33/3 (viz., bifurcated 0.14 acres in Sy.No.33/3B and 0.01 acres in Sy.No.33/3G), in all, totally measuring 1.02 acres (for brevity "subject lands"). 5. Similarly, Girigowda was conferred with occupancy right to the extent of 1.02 acres in Sy.No.32/3E and 0.26 acres in Sy.No.33/3D. 6. Subsequent to the death of Girigowda, the petitioners in W.P.No.51441/2019 and their brother Sri G.Srinivasa entered into a partition by way of registered Partition Deed dated 11.08.2010. Under the said partition, petitioner No.1 had acquired 'B' schedule properties of Partition Deed i.e., 0.08.08 acre in Sy.No.33/3 and 0.14 acre in Sy.No.32/3 and petitioner No.2 had acquired 'C' schedule properties of Partition Deed i.e., 0.09 acre in Sy.No.33/3 and 0.14 acre in Sy.No.32/3(for - 7 - HC-KAR NC: 2025:KHC:53678 WP No. 51289 of 2019 C/W WP No. 51441 of 2019 brevity "subject lands"). Thereafter, the petitioners put into possession and all the revenue entries were mutated in their names in respect of their respective shares. 7. However, in the year 2019-20, the names of the petitioners were deleted from RTC with effect from 01.06.2019 and vide MR.H6/18-19, the names of respondent Nos.4 and 5 were inserted in the place of petitioners by deleting their names in pursuance of the order of this court passed on 16.03.2018 in WP.No.28930/2014. On enquiry, the petitioners have noticed that this Court vide order dated 16.03.2018 has allowed the said writ petition and quashed the order of the Assistant Commissioner and the Deputy Commissioner, who had rejected the appeals filed by one Smt.Yashodammal (mother of respondent Nos.4 and 5) who sought to mutate her name in respect of Sy.Nos.32/1, 33/1, and 34/5 of Malalwadi Village, Mysuru Taluk, which were not the subject lands. Instead of mutating her name in respect of Sy.Nos.32/1, 33/1, and 34/5, the revenue records were mutated in her name in respect of subject lands, since the GPA holder of Yashodammal has wrongly mentioned the survey numbers. As such, aggrieved by the said order dated 16.03.2018 passed by this Court the - 8 - HC-KAR NC: 2025:KHC:53678 WP No. 51289 of 2019 C/W WP No. 51441 of 2019 petitioners have preferred these writ petitions for review of said order. 8. Heard, Smt.S.Susheela, learned Senior Counsel for Sri Prasanna V.R., learned counsel for the petitioners and also for the legal representatives of deceased petitioner No.1, Sri Rahul Cariappa K.S., learned Additional Government Advocate for respondent Nos.1 to 3, and Sri R.C.Nagaraj., learned counsel for respondent Nos.4 and 5. 9. The primary contention of the learned Senior Counsel for petitioners is that, the order under review in WP.No.28930/2014 is passed based on the claim of the predecessor of respondent Nos.4 and 5 namely Yashodammal through her GPA holder one MC Kariyappa, in which, the petitioners herein and their predecessors were not parties. However, the said writ petition has been preferred in the year 2014 through the GPA holder of Yashodammal and Yashodammal has died on 03.07.2015 and the order under review was passed in the year 2018. As such, the GPA executed by Yashodammal in favour of MC Kariyappa seized by operation of law on her death. Unless the successors of deceased- - 9 - HC-KAR NC: 2025:KHC:53678 WP No. 51289 of 2019 C/W WP No. 51441 of 2019 Yashodammal were brought on record, the writ petition could not have been proceeded against a dead person. However, the GPA holder had intentionally suppressed the factum of death of Yashodammal before the Co-ordinate Bench of this Court and wrongly mentioned the survey numbers and thereby, got the order of the Assistant Commissioner and Deputy Commissioner quashed with a direction to mutate the name of Yashoddammal in respect of Sy.Nos.32/3, 33/3 (subject lands) and 34/5 instead of Sy.Nos.32/1, 33/1, and 34/5 of Malalwadi Village, Mysuru Taluk. This court by allowing the writ petition directed the revenue authorities to mutate the name of Yashoddammal in respect of subject lands. Hence, she prays to review the order dated 16.03.2018 passed in WP.No.28930/2014. 10. Per contra, the learned counsel for the contesting respondents contended that, the petitioners have no right whatsoever in respect of the subject lands, the predecessor of respondent Nos.4 and 5 had purchased the subject lands and they are in possession. Further, it is contended that the GPA holder of Yashodammal has rightly approached the authorities for change of mutation entries in respect of lands purchased by the predecessor of contesting respondents and absolutely there - 10 - HC-KAR NC: 2025:KHC:53678 WP No. 51289 of 2019 C/W WP No. 51441 of 2019 is no necessity for arraying the petitioners or their legal representatives as parties in the said writ petition. Accordingly, he prays to dismiss the writ petition. 11. As could be gathered from records, while passing the order in WP.No.28930/2014 dated 16.03.2018 by the Co- ordinate Bench of this court, the petitioner Yashodammal was no more as she died on 03.07.2015 itself. In such circumstance, the GPA holder could not have proceeded with the writ petition since the GPA executed by Yashodammal seized by operation of law on her death. Admittedly, the successors/legal representatives of the deceased Yashodammal were not brought on record in said writ petition. Thus, the order under review has been passed against a dead person. 12. It is rightly contended by the learned Senior Counsel for the petitioners that the GPA executed by Yashodammal in favor of MC Kariyappa as per Annexure-K was only in respect of Sy.No.32/1 measuring 1 acre 28 guntas, Sy.No.33/1 measuring 1 acre 19 guntas and Sy.No.34/5 measuring 13 guntas situated at Malalwadi Village, Kasaba Hobli, Mysuru Taluk. However, said MC Kariyappa, in the proceeding before the Deputy - 11 - HC-KAR NC: 2025:KHC:53678 WP No. 51289 of 2019 C/W WP No. 51441 of 2019 Commissioner, instead of claiming rectification of revenue entries in respect of lands mentioned in the GPA, claimed the subject lands belongs to the petitioners. In W.P.No.28930/2014 i.e., order under review, the Co-ordinate Bench of this Court had directed the revenue authorities to enter the name of Yashodammal in respect of subject lands. Accordingly, the revenue authorities by deleting the name of the petitioners in respect of subject lands had entered the names of the legal representatives of deceased Yashodammal i.e., respondent Nos.4 and 5, as per Annexure-G in respect of subject lands instead of survey numbers mentioned in GPA. 13. In such circumstance, it is clear that without arraying the petitioners as parties to WP.No.28930/2014, the GPA holder of late Yashodammal ought not to have obtained an order behind their back in respect of subject lands, that too against a dead person without bringing the legal heirs of deceased Yashodammal. In such circumstance, the writ petition succeeds and according I proceed to pass the following: ORDER i. The writ petitions are allowed. - 12 - HC-KAR NC: 2025:KHC:53678 WP No. 51289 of 2019 C/W WP No. 51441 of 2019 ii. The order dated 16.03.2018 passed in WP No.28930/2014 is reviewed, and the said writ petitions are restored to original file. iii. The petitioners are permitted to implead themselves in the said writ petitions as party respondents. SD/- (RAJESH RAI K) JUDGE PKS List No.: 2 Sl No.: 4