- 1 - HC-KAR NC: 2025:KHC:27342 WP No. 3126 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.3126 OF 2025 (KLR-RES) BETWEEN: 1. SRI. L.M. VIJENDRA KUMAR S/O LATE S MUNISONNAPPA AGED ABOUT 52 YEARS 2. SRI. L.M. LOKESH S/O LATE MUNISONNAPPA AGED ABOUT 50 YEARS 3. SRI. L.M. PRADEEP KUMAR S/O LATE MUNISONNAPPA AGED ABOUT 48 YEARS 4. SMT. M.S. SUJATHA D/O LATE MUNISONNAPPA AGED ABOUT 57 YERAS 5. SMT. SUBBALAKSHMI W/O LATE MUNISONNAPPA AGED ABOUT 74 YEARS ALL ARE R/AT LAKKONDANAHALLI VILLAGE KASABA HOBLI HOSAKOTE TALUK BANGALORE RURAL DISTRICT. …PETITIONERS (BY SRI. CHOKKAREDDY, ADVOCATE) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27342 WP No. 3126 of 2025 AND: 1. STATE OF KARNATAKA RPTS BY UNDER SECRETARY REVENUE DEPARTMENT M S BUILDING AMBEDHKAR VEEDHI BANGALORE 560001. 2. DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT CHAPPARADHAKALU VILLAGE DEVANAHALLI TALUK DEVANAHALLI - 562110. 3. ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDABALLAPURA - 561203. 4. TAHSILDAR BENGALURU RURAL DISTRICT DEVANAHALLIL TALUK DEVANAHALLI - 562110. 5. SRI. K. PRASHANTH KUMAR S/O A B KANTHARAJU AGED : MAJOR R/AT NO12, 4TH MAIN PAL CHINNAPPA LAYOUT BHIKASAIPRUA BENGALURU - 560061. 6. SMT. JAWLA JALINI @ MALA W/O T.P. ARUN PRAKASH AGED MAJOR NO.24, 1ST FLOOR BSNL TELEPHONE DEPARTMENT BACK SIDE OF BASAVESHWARA NAGARA BENGALURU - 560079. - 3 - HC-KAR NC: 2025:KHC:27342 WP No. 3126 of 2025 7. SRI D C CHANDRA S/O CHIKKAMUNIYAPPA AGED ABOUT 40 YEARS R/AT DYVARAHALLI VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BANGLAORE RURAL DISTRICT - 562110. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 TO R4; SRI. B.K.SAMPATH KUMAR, SENIOR COUNSEL FOR SRI. G.S. PRASANNA KUMAR, ADVOCATE FOR R5 & R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-A DATED 09-01-2025 PASSED BY THE 2ND RESPONDENT IN R.P.NO.52/2024, IN RESPECT OF THE OLD SY. NO.10/2, NEW SY.NO.10/4 AND 10/5 MEASURING 39 GUNTAS, SY. NO. 11/2, MEASURING 39 GUNTAS, SITUATED AT DYVARAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BY ALLOWING WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 4 - HC-KAR NC: 2025:KHC:27342 WP No. 3126 of 2025 ORAL ORDER In this writ petition, the petitioners are assailing the order dated 09.01.2025 (Annexure-A) in RP No. 52 of 2024 passed by the respondent No.2-Deputy Commissioner in respect of subject land. 2. I have heard Sri. Chokka Reddy, learned counsel appearing for the petitioners; Smt. Navya Shekar, learned Additional Government Advocate appearing for the respondent-State and Sri. B. K. Sampath Kumar, learned Senior Counsel appearing on behalf of learned counsel, Sri. G. S. Prasanna Kumar, for the respondent Nos.5 and 6. 3. Sri. Chokka Reddy, learned counsel for the petitioners invited the attention of the court to the order sheet maintained by the respondent No.2, submitted that a fair opportunity of hearing has not been extended to the petitioners herein to put forth their case and accordingly, sought for interference of this court. - 5 - HC-KAR NC: 2025:KHC:27342 WP No. 3126 of 2025 4. Per contra Sri. B. K. Sampath Kumar, learned Senor Counsel appearing for the respondent Nos.5 and 6 invited the attention of the court to paragraph 9 of the writ petition as well as the suit filed by the petitioners in OS No.1 of 2020 (Annexure-R4) and contended that, the petitioners herein have sold the property in question in favour of respondent No.7 and that apart the suit is pending consideration before the competent authority. Therefore, the Learned Senior Counsel contended that, the petitioners have no legal right in this writ petition and accordingly, sought for dismissal of the writ petition. 5. Smt. Navya Shekar, learned Additional Government Advocate appearing for the respondent- State sought to justify the impugned order passed by respondent No.2-Deputy Commissioner. 6. In the light of the submission made by the learned counsel appearing for the parties, the petitioners herein are challenging the change of entry - 6 - HC-KAR NC: 2025:KHC:27342 WP No. 3126 of 2025 made in respect of land in question and in this regard, on careful examination of paragraph 9 of the writ petition makes it clear that, the petitioners themselves admitted that the petitioners have sold the land in question to respondent No.7 through two different Sale Deeds dated 20.02.2024 and also stated that respondent No.7 is in possession of the land in question. Though the learned counsel for the petitioners submitted about there is procedural irregularity before respondent No.2, however, since the petitioners have admitted the sale of the land in question in favour of respondent No. 7, I am not inclined to accept the contention raised by the learned counsel appearing for the petitioners in this regard. It is also to be noted that, considering the fact that three independent civil suits relating to the subject matter are currently pending consideration before the competent Civil Courts, the parties must await the outcome of those proceedings for determination of their respective rights, I am of the view that no interference - 7 - HC-KAR NC: 2025:KHC:27342 WP No. 3126 of 2025 is called for in the present writ petition. Since the petitioners have admitted that they have alienated the land in favour of respondent No.7, as evidenced from Annexures-M, M1, and M2 series, petitioners have no legal right over the subject land. Accordingly, the writ petition stands dismissed. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 12