- 1 - HC-KAR NC: 2025:KHC:40610 WP No. 24456 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 24456 OF 2021 (KLR-RES) BETWEEN: 1. SMT. MUTTAMMA W/O LATE VEERABHADRAPPA AGED ABOUT 84 YEARS, 2. SRI. CHINNAPPA S/O LATE VEERABHADRAPPA AGED ABOUT 55 YEARS, 3. SMT. RADHAMMA D/O LATE VEERABHADRAPPA AGED ABOUT 53 YEARS, 4. SMT. BHAGYAMMA D/O LATE VEERABHADRAPPA AGED ABOUT 47 YEARS, 5. SRI. BHADREESH S/O LATE VEERABHADRAPPA AGED ABOUT 45 YEARS, 6. SMT. MANJAMMA D/O LATE VEERABHADRAPPA AGED ABOUT 43 YEARS, ALL ARE RESIDING AT KALLINAYAKANAHALLI VILLAGE, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40610 WP No. 24456 of 2021 THONDEBHAVI HOBLI, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT-561213. …PETITIONERS (BY SRI. CHOKKAREDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA REPTD. BY PRINCIPLE SECRETARY, REVENUE DEPARTMENT, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2. DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, CHAPARADHAKALLU VILLAGE, BEERASANDRA POST, KUNDANA HOBLI, DEVANAHALLI TALUK. 3. ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA. 4. TAHSILDAR, DODDABALLAPURA TALUK, DODDABALLAPURA. 5. SUB-REGISTRAR, DODDABALLAPURA, DODDABALLAPURA TALUK. - 3 - HC-KAR NC: 2025:KHC:40610 WP No. 24456 of 2021 6. SMT. VARSHA BALAJI KONIDHALA W/O ARJUN G., AGED ABOUT 31 YEARS, R/AT NO.18-30, 3RD B CROSS, 18TH MAIN, 2ND STAGE BTM LAYOUT, BANGALORE-560076. 7. SRI. NAGARAJU G. K. S/O LATE KEMPAIAH, AGED BOUT 49 YEARS, 8. G. N. DHARSHAN S/O NAGARAJU G. K., AGED ABOUT 20 YEARS, 9. G. N. GOWTHAMI D/O NAGARAJUM AGED ABOUT 19 YEARS, R7 TO R9 ARE RESIDING AT NO.15, S. M. GOLLAHALLI VILLAGE, HARALUMALLIGE POST, KASABA HOBLI, DODDABALLAPURA TALUK, BANGALORE-561203. 10. SRI. DEVARAJ A. S/O LATE ARASAPPA, AGED ABOUT 45 YEARS, R/AT NO.E-67-4, KUNTENANJAPPA ROAD, NEAR DODDAMMA TEMPLE - 4 - HC-KAR NC: 2025:KHC:40610 WP No. 24456 of 2021 BYATARAYANAPURA, BANGALORE-560092. …RESPONDENTS (BY SMT. SPOORTHY HEGDE, HCGP FOR R1 TO R5; SRI. V. ANAND, ADVOCATE FOR R7; R6, R8 AND R10 ARE SERVED; SERVICE OF NOTICE TO R9 IS DISPENSED WITH) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-A: ORDER PASSED BY R-3 IN RA(DB)91/2018 DATED 09.03.2018 IN RESPECT OF SY.NO.26/2 MEASURING 2 ACRE 15 GUNTAS, SITUATED AT BACHEHALLI VILLAGE, THUBUGERE HOBLI, DODDABALLAPURA TALUK IN FAVOUR OF R-7 IS FRAUDULENT AND COLLUSIVE ORDER AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER In light of the memo filed, notice is dispensed as regards respondent No.9 at the risk of the petitioners. 2. The present petition is filed by the legal representatives of Late Sri. Veerabhadrappa. It is the case of the petitioners that the property bearing Sy.No.26/2 measuring 2 acres 16 guntas was acquired by Chinnabhovi @ Voddra Chinnappa under sale deed dated 29.05.1928. It - 5 - HC-KAR NC: 2025:KHC:40610 WP No. 24456 of 2021 is further submitted that necessary revenue entries were effected reflecting the name in terms of the sale deed dated 29.05.1928. 3. It is further submitted that respondent No.7 is alleged to have created a sale dated 28.10.1988 vide document No.1387/88-89 which sale deed is purported to be executed on behalf of Voddra Chinnappa, which sale deed is executed conferring rights on respondent No.6 with respect to Sy.No.26/2, measuring 2 acres and 15 guntas. It is submitted that on the basis of the alleged fraudulent sale deed, representation at Annexure-H came to be made to the Assistant Commissioner on 20.02.2017 seeking for effecting of mutation and revenue entries into the name of Nagaraju G.K. - respondent No.7. 4. It is further submitted that alleging inaction by the revenue authorities, an appeal came to be filed before the Assistant Commissioner who passed an order at Annexure-A, whereby taking note of the sale deed bearing - 6 - HC-KAR NC: 2025:KHC:40610 WP No. 24456 of 2021 No.1387/88-89 dated 28.10.1988, the Assistant Commissioner has directed effecting of mutation into the name of respondent No.7 in terms of the sale deed. 5. Learned counsel for the petitioners submits that consequent to the order at Annexure-A, the mutation came to be effected in the name of respondent No.7 as reflected at Annexure-J. It is stated that Nagaraju - respondent No.7 is stated to have then executed a sale deed in favour of respondent No.6 on 02.12.2019 and on the basis of such sale deed, request was made for effecting mutation and the mutation in favour of respondent No.6 came to be effected as is evidenced by the order at Annexure-B. 6. Learned counsel for the petitioners submits that the alleged sale deed dated 28.10.1988 is a concocted document and draws attention to the copy of the first information report bearing crime No.30/2021 filed by the Sub-Registrar, Doddaballapura, asserting that the - 7 - HC-KAR NC: 2025:KHC:40610 WP No. 24456 of 2021 document bearing No.1387/88-89 dated 28.10.1988 was a concocted and forged document and accordingly, submits that the entirety of the proceedings at Annexure-A and the subsequent proceedings at Annexure-B ought to be set aside and the matter be remitted to the Assistant Commissioner for fresh consideration. 7. Learned Additional Government Advocate appearing for the State submits that the FIR produced at Annexure-P is a matter of record and submits the Court may consider the matter and pass appropriate orders. 8. It is noticed that the mutation at Annexure-J has been passed on the basis of the alleged sale deed dated 28.10.1988. Perused the copy of the FIR at Annexure-P, which reveals prima facie that the document i.e., sale deed dated 28.10.1988 is a forged document. 9. Learned counsel for the petitioners submits that the proceedings at Annexure-A is a collusive proceedings and while collusion between respondents No.6 and 7, - 8 - HC-KAR NC: 2025:KHC:40610 WP No. 24456 of 2021 order has been obtained on the basis of the alleged sale deed dated 28.10.1988. It is submitted that the order at Annexure-A requires to be set aside and petitioners be granted liberty to appear before the Assistant Commissioner and be impleaded thereby permitting to bring out the correct stand and place relevant material on the record. 10. It is further submitted that the proceedings at Annexure-B, again on the basis of the fraudulent sale deed subsequently executed by respondent No.7 to respondent No.6, requires to be set aside as once the order at Annexure-A goes, any consequent revenue entries will also have to be set aside. 11. Taking note of the FIR registered and the assertions made by the petitioners, it would meet the ends of justice in the peculiar facts of the case, in light of allegation of fraud to set aside Annexure-A and Annexure- B as well and remit the matter for fresh consideration. - 9 - HC-KAR NC: 2025:KHC:40610 WP No. 24456 of 2021 Needless to state, that the proceedings at Annexure-B on being set aside can be resumed only after conclusion of proceedings at Annexure-A. The petitioners are at liberty to have themselves impleaded in the proceedings at Annexure-A. 12. Accordingly, the orders at Annexures-A and B are set aside. Petitioners are at liberty to have themselves impleaded in the proceedings at Annexure-A and the 3rd respondent to conclude proceedings after giving fair opportunity to the parties after having impleaded the petitioners herein as necessary parties in such proceedings. 13. Needless to state, as stated above, it is reiterated that any proceedings relating to the subject matter of a claim before the Tahsildar, which culminated in the order at Annexure-B, which now has been set aside, could be taken up only after conclusion of the proceedings at Annexure-A. All contentions on merits are kept open. - 10 - HC-KAR NC: 2025:KHC:40610 WP No. 24456 of 2021 14. The Assistant Commissioner to endeavour to conclude the proceedings expeditiously. Accordingly, the petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR