- 1 - HC-KAR NC: 2025:KHC:32971 WP No. 22358 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 22358 OF 2025 (SCST) BETWEEN: PALAPPA S/O PAKEERAPPA, AGED ABOUT 75 YEARS, HEBBALAGERE VILLAGE-577215, CHANNAGIRI TALUK, DAVANAGERE DISTRICT …PETITIONER (BY SRI. PRASAD B S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY AND ADDITIONAL CHIEF SECRETARY REVENUE DEPARTMENT VIKAS SOUDHA BENGALURU 560001 2. DEPUTY COMMISSIONER, DAVANGERE DISTRICT DAVANAGERE-577001 3. ASSISTANT COMMISSIONER, DAVANGERE DISTRICT DAVANGERE-577001 4. PALAPPA, S/O KADLEPPA, HEBBAGERE GRAMA-577215, CHANNAGIRI TALUK, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32971 WP No. 22358 of 2025 DAVANAGERE DISTRICT …RESPONDENTS (BY SRI. ARUNA G.S, HCGP FOR R1 TO R3; SRI. PRADEEP GUNDAPPA BANTTUR., ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE IA FILED UNDER SECTION 55(2)L R ACT R/W SECTION 41 RULE 5 OF CPC FILED ON 26.06.2025 IN PTCL APPEAL NO.18/2025-26 PRODUCED AT ANNEXURE-A IN THE INTEREST OF JUSTICE. 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 3. Learned counsel Sri. Pradeep, has entered appearance for respondent No.4 by filing a caveat petition. 2. This writ petition is filed at the hands of the petitioner/purchaser, who is aggrieved of the fact that the Deputy Commissioner, in the appeal filed at the hands of the petitioner herein, has failed to pass orders on the interim prayer made by the petitioner seeking a stay of the orders passed by the Assistant Commissioner. - 3 - HC-KAR NC: 2025:KHC:32971 WP No. 22358 of 2025 3. Learned counsel for respondent No.4 submits that immediately after the orders were passed by the Assistant Commissioner on 18.06.2025, the revenue records have been mutated in the name of respondent No.4 and respondent No.4 are put in possession of the property in question. 4. In the considered opinion of this Court such an action could not have been taken by the Assistant Commissioner or the Tahsildar within the period of appeal that is available to the petitioner. 5. In that view of the matter, the subsequent action on the part of the Assistant Commissioner and the Tahsildar in mutating the revenue entries and putting respondent No.4 in possession of the property is quashed and set aside. The revenue records shall be restored as it was prior to the orders passed by the Assistant Commissioner and the Tahsildar. The revenue records and the possession shall be maintained as they were prior to the orders passed by the Assistant Commissioner till the disposal of the appeal at the hands of the Deputy Commissioner. The parties are relegated back to the Deputy - 4 - HC-KAR NC: 2025:KHC:32971 WP No. 22358 of 2025 Commissioner and the Deputy Commissioner shall proceed accordingly. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv