- 1 - HC-KAR NC: 2025:KHC:35345 WP No. 24718 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.24718 OF 2025 (KLR-RES) BETWEEN: SRI. MUNIYAPPA AGED ABOUT 84 YEARS S/O. LATE MUNISWAMAPPA R/AT NO.2, 3RD MAIN, NEAR MOTHER OF GOOD HEALTH SCHOOL RAJARAJESHWARI NAGAR BENGALURU – 560 098. …PETITIONER (BY SRI K. SURESH DESAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANSOUDHA, BENGALURU – 560 001. 2. THE REVENUE DEPARTMENT PRINCIPAL SECRETARY, SECRETARIAT DR. AMBEDKAR VEEDHI BENGALURU – 560 001. 3. THE DEPUTY COMMISSIONER BENGALURU URBAN, K. G. ROAD BENGALURU – 560 001. 4. THE ASSISTANT COMMISSIONER BENGALURU SOUTH, K. G. ROAD BENGALURU – 560 001. 5. THE TAHSILDAR BENGALURU SOUTH, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35345 WP No. 24718 of 2025 K. G. ROAD BENGALURU – 560 001. 6. THE DEPUTY TAHSILDAR BENGALURU SOUTH, K. G. ROAD BENGALURU – 560 001. 7. THE ASSISTANT DIRECTOR OF LAND RECORDS KANDAYA BHAVANA, KEMPEGOWDA ROAD BENGALURU – 560 001. …RESPONDENTS (BY SRI SESHU. V., H.C.G.P.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 5TH RESPONDENT-TAHSILDAR, BENGALURU SOUTH TALUK, TO MUTATE THE NAME OF MUNIYAPPA S/O. MUNISHAMAPPA (PETITIONER) IN SY.NO.1/7B2 FOR AN EXTENT OF 5 GUNTAS IN THE LATEST R.T.C. OF 2024-2025 IN CHANNASANDRA VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU BY ENDORSEMENT DATED 05.08.2025 VIDE ANNEXURE-P AND ETC. THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Office objections are overruled. Learned High Court Government Pleader takes notice for all the respondents. - 3 - HC-KAR NC: 2025:KHC:35345 WP No. 24718 of 2025 2. The grievance of the petitioner is that his appeal filed before the Assistant Commissioner at Annexure-N, has not been received by the Assistant Commissioner and on the other hand, the impugned endorsement at Annexure-P dated 05.08.2025 has been issued by the Assistant Commissioner stating that he cannot consider the appeal filed under Section 136(2) of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as ‘the Act’, for short). 3. Learned Counsel for the petitioner submits while drawing the attention of this Court to the brief facts stated in the memorandum of appeal at Annexure-N that the petitioner purchased 05 Guntas of land in Survey No.1/7B of Channasandra Village, Uttarahalli Hobli, Bangalore South Taluk, under a registered sale dated 08.01.2008, following which the name of the petitioner was entered in the revenue records in terms of M.R.No.12/2007-2008. However, in the year 2024-25, the name of the petitioner was removed and the name of Sri.G.Ranganath, who was - 4 - HC-KAR NC: 2025:KHC:35345 WP No. 24718 of 2025 the earlier owner, has been reflected in the RTC. When this is questioned by filing a duly constituted appeal under Section 136(2)of the Act, the Assistant Commissioner has issued the impugned endorsement stating that he cannot take up the appeal. 4. Having regard to the facts narrated hereinabove and on perusing the impugned endorsement and the appeal memorandum, this Court is of the considered opinion that the Assistant Commissioner could not have issued the impugned endorsement rejecting to consider the appeal. Under Chapter XI of the Act, a person aggrieved of an order passed by the Tahsildar in the matter of the Record of Rights, is entitled to file an appeal before the Assistant Commissioner under Section 136(2) of the Act. 5. In that view of the matter, the writ petition is hereby allowed. The impugned endorsement dated 05.08.2025 at Annexure-P issued by the Assistant - 5 - HC-KAR NC: 2025:KHC:35345 WP No. 24718 of 2025 Commissioner, Bangalore South Sub-Division is hereby quashed and set aside. The Assistant Commissioner is directed to take up the appeal, issue notice to all concerned, afford an opportunity of hearing to both the parties and thereafter, proceed to pass orders in accordance with law. The appeal shall be heard and disposed of as expeditiously as possible and at any rate within a period of 4 months from the date when the appeal is registered in the office of the Assistant Commissioner. 6. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT:VC