Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:26210 WP No. 399 of 2025
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.399 OF 2025 (KLR-RES) BETWEEN:
1.
SRI. CHANDRAPPA S/O LATE CHIKKAPILLAPPA, AGED ABOUT 55 YEARS, R/AT GANGAPURA VILLAGE, NANDAGUDI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-562114.
2.
SRI. CHENNAKESHAVA, S/O LATE CHIKKAPILLAPPA, AGED ABOUT 40 YEARS, R/AT GANGAPURA VILLAGE, NANDAGUDI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-562 114. …PETITIONERS (BY SRI. SRIDHAR CHAKRAVARTHI M.V., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REVENUE DEPARTMENT, 5TH FLOOR, MULTI-STORED BUILDING, DR. AMBEDKAR ROAD, BENGALURU- 560 001.
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:26210 WP No. 399 of 2025
2.
THE DEPUTY COMMISSIONER, DISTRICT ADMINISTRATION OFFICE, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110.
3.
THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT- 562 114.
4. THASILDAR, HOSAKOTE TALUK OFFICE, HOSAKOTE TOWN, BENGALURU RURAL DISTRICT-- 562 114.
5.
DEPUTY THASILDAR, NANDAGUDI NADA KACHERI, NANDAGUDI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT- 562 114.
6.
REVENUE INSPECTOR, NANDAGUDI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-562 114.
7.
SRI. CHENNARAYAPPA, S/O LATE DODDAPILLAPPA, AGED ABOUT 60 YEARS, RESIDING AT GANGAPURA VILLAGE, NANDAGUDI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-562 114,
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HC-KAR NC: 2025:KHC:26210 WP No. 399 of 2025
8.
SMT. MUNIYAMMA, W/O LATE DODDAPILLAPPA, AGED ABOUT 50 YEARS, RESIDING AT GANGAPURA VILLAGE, NANDAGUDI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-562 114.
9.
SRI. NARAYANASWAMY, S/O LATE APPAIH, AGED ABOUT 55 YEARS, RESIDING AT GANGAPURA VILLAGE, NANDAGUDI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-562 114. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA FOR R1 TO R6;
SRI. N. LOKESH SINGH, ADVOCATE FOR R7 & R8;
SRI. MUNIRAJA M., ADVOCATE FOR R9)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 31/12/2024 PASSED BY THE RESPONDENT NO.2 - DEPUTY COMMISSIONER IN CASE NO. RP NO.60/2024 AS PER ANNEXURE-A AND CONSEQUENTLY CONFIRM THE ORDER PASSED BY ASSISTANT COMMISSIONER I.E. RESPONDENT NO.3 IN FAVOR OF THE PETITIONERS ON 01/02/2024 (ANNEXURE-G).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:26210 WP No. 399 of 2025
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioners are assailing the order dated 31.012.2024 passed by respondent No.2-Deputy Commissioner (Annexure-A) in RP No.60 of 2024 consequently confirmed the order dated 01.02.2024 (Annexure-G) passed by the respondent No.3-Assistant Commissioner.
2. Heard the learned counsel appearing for the parties.
3. Having considered the submissions made by the learned counsel for the parties, it is noted that the petitioners are challenging the order passed by respondent No.2, wherein the parties have been
directed to establish their respective rights in the pending suit in O.S. No. 13 of 2023. It is evident that the rights of the parties are yet to be adjudicated and to be crystallized in the said suit. Having taken note of the averments in the writ petition and statement of objections, it is forthcoming that the the ancestors of
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HC-KAR NC: 2025:KHC:26210 WP No. 399 of 2025
the petitioners had alienated portions of the land through registered Sale Deeds dated 26.10.1988 (Annexure-R4) and 14.12.1989 (Annexure-R5). In that view of the matter, since the relief sought by the plaintiffs in O.S.No.13 of 2023 pertaining to declaration and other consequential reliefs in respect of subject land based on the registered Sale Deed dated 20.07.1960, I am of the considered view that no interference is called for in the present writ petition. Accordingly, the writ petition is dismissed. However, it is open to the parties to approach the concerned revenue authorities for appropriate relief upon the conclusion of the proceedings in O.S.No.13 of 2023 before the competent Civil Court.
SD/- (E.S.INDIRESH) JUDGE SB:List No.: 1 Sl No.: 70