- 1 - HC-KAR NC: 2025:KHC:26583 WP No. 4112 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 4112 OF 2020 (KLR-RES) BETWEEN: SRI GANGAPPA AGED ABOUT 75 YEARS SON OAF LATE PAPANNA, R/A SHETTYGANAHALLI VILLAGE, VOKKALERI HOBLI, KOLAR TALUK AND DISTRICT. …PETITIONER (BY SRI. K.S. RAMESH, ADVOCATE) AND: 1. DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR - 563 101. 2. ASSISTANT COMMISSIONER KOLAR DISTRICT, KOLAR - 563 101. 3. SMT. THIMMAKKA AGE ABOUT 75 YEARS W/O LATE DOBI DASAPPA 4. SRI. SRIRAMAIAH AGE ABOUT 54 YEARS S/O LATE DOBI DASAPPA Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26583 WP No. 4112 of 2020 5. SRI. KRISHNAMURTHY AGED ABOUT 48 YEARS S/O LATE DOBI DASAPPA 6. SRI. SUBRAMANI AGE ABOUT 45 YEARS, S/O LATE DOBI DASAPPA, R3 TO R6 ALL ARE RESIDING AT SHETTYGANAHALLI VILLAGE, VOKKALERI HOBLI, KOLAR TALUK KOLAR DISTRICT - 563 101. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP FOR R1 AND R2; SRI. S. VISWESWARAIAH, ADVOCATE FOR R3 TO R6) ------- THIS WP IS FILED UNDER ARTICLES 226 AND 27 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER AT ANNEXURE-J DATED 31.07.2019 PASSED IN RA NO.118/2011-12 BY THE DEPUTY COMMISSIONER, KOLAR R-1 ALLOWING THE APPEAL FILED BY LATE DODI DASAPPA U/S 49 R-W SECTION 136 OF KARNATAKA LAND REVENUE ACT VIDE ANNEXURE-H AND CONSEQUENTLY CONFIRM THE ORDERS PASSED BY THE ASSISTANT COMMISSIONER, R-2 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:26583 WP No. 4112 of 2020 ORAL ORDER Heard the learned counsel for the parties. 2. In this petition the petitioner is assailing the order dated 31.07.2019 in R.A.No.118/2011-12 passed by respondent no.1, allowing the appeal filed by respondents no.3 to 6 herein. 3. Having taken note of the submissions made by the learned counsel for the parties and, on careful examination of the orders passed by the respondent-authorities at Annexures - H and J, it is clear that the petitioner herein is claiming right over the land in question based on the 5 (five) registered sale deeds, as per Annexures A to E herein. 4. On careful examination of the impugned order at Annexure-J, it would indicate that, respondent no.1 has arrived at a conclusion that, land to an extent of 9 guntas belongs to Dhobi Dasappa. Therefore, I am of the opinion that the said opinion expressed by respondent no.1 is contrary to law as respondent no.1 has no jurisdiction with regard to deciding the title in respect of the said land. - 4 - HC-KAR NC: 2025:KHC:26583 WP No. 4112 of 2020 5. In that view of the matter, the respondent-authorities are directed to enter the name of the petitioner herein in terms of the registered sale deeds produced at Annexures A to E and, further, in the event, any grievance is made by the private respondents herein, it is open for them to establish their rights in respect of 9 guntas of land in a manner known to law before the Competent Authority. 6. In that view of the matter, the following order is passed : ORDER i) Writ petition is hereby allowed ; ii) The order dated 31.07.2019 in R.A.No.118/2011-12 passed by respondent no.1 is hereby set aside; Sd/- (E.S.INDIRESH) JUDGE rs List No.: 1 Sl No.: 51 CT: BHK