- 1 - HC-KAR NC: 2025:KHC:29101 WP No. 18549 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 18549 OF 2025 (KLR-RES) BETWEEN: 1. SMT CHANDRAMMA @ CHANDRA W/O LATE SHIVASHANKAR, D/O LATE CHINNAPPA, AGED ABOUT 69 YEARS, RESIDING AT NO.57, BESIDE LAKSHMAN KUTEER APARTMENTS, 6TH CROSS, MALLESWARAM, BENGALURU-560 003. …PETITIONER (BY SRI. P D SURANA.,ADVOCATE) AND: 1. STATE OF KARNATAKA STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDINGS, BENGALURU-560 001. 2. THE DEPTY COMMISSIONER, K.G.ROAD, BEHIND KANDAYA BHAVANA, BENGALURU URBAN DISTRICT, BENGALURU-56009. 3. SPECIAL ASSISTANT COMMISSIONER, BENGALURU NORTH SUB-DIVISION, KANDAYA BHAVANA, K.G.ROAD, BENGALURU-560 009. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29101 WP No. 18549 of 2025 4. TAHSILDAR, NO.15, 4TH FLOOR, ABOVE SHARAVATHI HOTEL, YELAHANKA TALUK, YELAHANKA, BENGALURU-560064 5. SPECIAL TAHSILDAR, ARO OFFICE, YELAHANKA OLD TOWN, NEAR GANGAMMA TEMPLE, YELAHANKA TALUK, YELAHANKA, BENGALURU-560064. 6. REVENUE INSPECTOR, ARO OFFICE, NEW TOWN OFFICE, NEAR RTO OFFICE, YELAHANKA TALUK, JAKKUR, BENGALURU-560064. 7. SRI.A.C.NAGARAJ, S/O LATE CHINNAPPA, AGED ABOUT 70 YEARS, 4TH CROSS, MUNIGURAPPA LAYOUT, RESIDING AT NO.54, SANTRUPTI NILAYA, NEAR AMRUTHALLI WATER TANK, AMRUTHHALLI, JAKKUR POST, BENGALURU-560 092. 8. SRI.MANOJ KUMAR.J., S/O JAGADISH KUMAR, AGED ABOUT 30 YEARS, RESIDING AT NO.1332, 29TH MAIN, J.P.NAGAR, 1ST PHASE, BENGALURU-560 078. 9. SRI.NIKHIL.V.SHANKAR, S/O V.SHANKAR, AGED ABOUT 35 YEARS, RESIDING AT NO.331/11, - 3 - HC-KAR NC: 2025:KHC:29101 WP No. 18549 of 2025 23RD CROSS, JAYANAGAR 6TH BLOCK, BENGALURU-560 070. 10. SMT.A.C.KAMALAMMA, SMT.A.C.KAMALAMMA, SINCE DECEASED BY HER L.R'S. SRI.GURUPRASAD S/O LATE SIDDAPPA. AGED ABOUT 40 YEARS. RESIDING AT NO.64, E-STREET, 2ND CROSS, G.E.F.POST, HOSA GUDDADAHALLI, MYSURU ROAD, BENGALURU-560026. 11. SRI.YUVAPRASAD, S/O LATE SIDDAPPA, AGED ABOUT 38 YEARS. RESIDING AT NO.64, E-STREET, 2ND CROSS, G.E.F.POST, HOSA GUDDADAHALLI, MYSURU ROAD, BENGALURU-560026. 12. SMT.VEENA, W/O HEMESH, AGED ABOUT 50 YEARS. RESIDING AT NO.64, E-STREET, 2ND CROSS, G.E.F.POST, HOSA GUDDADAHALLI, MYSURU ROAD, BENGALURU-560026. 13. SMT.USHA, W/O CHANDRU, AGED ABOUT 48 YEARS, RESIDING AT NO.64, E-STREET, 2ND CROSS, G.E.F.POST, HOSA GUDDADAHALLI, MYSURU ROAD, - 4 - HC-KAR NC: 2025:KHC:29101 WP No. 18549 of 2025 BENGALURU-560026. 14. BANGALORE DEVELOPMENT AUTHORITY BY ITS COMMISSIONER, KUMARA PARK WEST, T CHOWDAIAH ROAD, BANGALORE - 560020. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R6; SRI. VIRUPAKSHAIAH P.H.,ADVOCATE FOR R8 AND R9) THIS WRIT PETITION IS FILED PRAYING TO QUASH THE IMPUGNED ORDER DATED-06.01.2025 MADE BY THE 3RD RESPONDENT-SPECIAL ASSISTANT COMMISSIONER, BENGALURU NORTH SUB-DIVISION IN RA(YLK) NO.33/2021-22 VIDE ANNEXURE-C AND THE ORDER DATED-15.04.2025 MADE BY THE 2ND RESPONDENT-DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT IN REVISION PETITION NO.215/2025-26 VIDE ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondent Nos.1 to 6. Sri.P.H.Virupakashaiah, learned counsel has entered appearance for respondent No.8. Learned counsel submits that he would take notice for respondent Nos.8 and 9. Notice to respondent No.14 is not necessary. - 5 - HC-KAR NC: 2025:KHC:29101 WP No. 18549 of 2025 2. Learned counsel for the petitioner submits that the petitioner has filed a suit in O.S.No.5065/2021, on the file of the learned XVI Additional City Civil & Sessions Judge at Bengaluru, seeking partition and separate possession of the family properties in respect of the property in question. When the matter was pending consideration, the petitioner herein, along with her sister A.C. Kamalamma, filed an appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964, before the Special Assistant Commissioner, questioning the mutation entry bearing M.R.No.H6/2020-21 dated 17.11.2020, whereby the mutation entries which were earlier standing in the name of late Sri.Veeranna were changed in favour of Smt. Vasanthakumari. During the pendency of the appeal, respondent Nos. 8 and 9 herein were impleaded in those proceedings, and the Assistant Commissioner passed the impugned order on 06.01.2025 directing the mutation entry of the names of respondents Nos.8 and 9 herein jointly, on the basis of a registered Will dated 23.02.2021 - 6 - HC-KAR NC: 2025:KHC:29101 WP No. 18549 of 2025 said to have been left behind by Smt. Vasanthkumari wife of late Sri.Veeranna. Learned counsel for the petitioner submits that admittedly, Sri.Veeranna and Smt. Vasanthakumari had no issues and the suit is now to be decided on the basis of the said admitted fact that the previous kathedars Sri.Veeranna and Smt.Vasanthakumari had no issues, and moreover, the other members of the family are raising a claim that since the property in question is an ancestral property and joint family property, they too have a share in the property. Learned counsel submits that the revision petition filed before the Deputy Commissioner was rejected on the same day when the revision petition was presented before the Deputy Commissioner. Thereafter, a reasoned order is passed on 15.04.2025. Learned counsel submits that it is a well- settled position of law that the revenue authorities will not be permitted to go into the question of title and it is only the Civil Court which is entitled to decide the issue of title. It is submitted that the Tahsildar had earlier rightly - 7 - HC-KAR NC: 2025:KHC:29101 WP No. 18549 of 2025 rejected the claim of respondent Nos.8 and 9 herein at Annexure-D dated 04.04.2024, while directing the parties to get the dispute decided at the hands of the Civil Court in O.S.No.5065/2021. 3. Learned counsel for respondents Nos.8 and 9 submits that admittedly the Katha was earlier standing in the name of Sri.Veeranna and after his death the katha was mutated in the name of his wife Smt.Vasanthakumari. The same was questioned by the petitioner herein along with her sister, Smt. Kamalamma, and the impugned order has been passed by the Assistant Commissioner permitting change of mutation entry in favour of respondent Nos.8 and 9 herein, on the basis of a Will said to have been left behind by Smt.VasanthaKumari. Learned counsel would therefore submit that there is no infirmity in the order passed by the Assistant Commissioner. 4. In the considered opinion of this Court, the Tahsildar had earlier rightly rejected the claim of - 8 - HC-KAR NC: 2025:KHC:29101 WP No. 18549 of 2025 respondent Nos.8 and 9 herein. It is well settled that disputed questions of title cannot be decided by the revenue authorities. Moreover, the petitioner herein has already filed a suit seeking partition and separate possession of the property in question, and therefore, the Assistant Commissioner could not have permitted such a change in the revenue entries when the suit is pending consideration before a competent Civil Court. The dismissal of the revision petition at the hands of the Deputy Commissioner on the same day when the petition is filed shows that the Deputy Commissioner seems to be biased against the petitioners. At any rate, the impugned orders cannot be sustained. 5. Consequently, the writ petition is allowed. The impugned orders at Annexures-C and F passed by respondent No.3-Special Assistant Commissioner and respondent No.2-Deputy Commissioner are hereby quashed and set aside. The revenue entry shall be restored as it was prior to the passing of the impugned - 9 - HC-KAR NC: 2025:KHC:29101 WP No. 18549 of 2025 orders. Parties are directed to await the outcome of the suit in O.S.No.5065/2021 before seeking any change in the revenue entries. Ordered accordingly. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv