- 1 - HC-KAR NC: 2025:KHC:51258 WP No. 26748 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 26748 OF 2017 (KLR-RR/SUR) BETWEEN: 1. SRI VENKATANARASAIAH S/O LATE KARIYAPPA AGED ABOUT 62 YEARS SINCE DEAD BY HIS LRs. 1(a) SMT. SHAKUNTHALA W/O LATE VENKATANARASAIAH AGED ABOUT 59 YEARS 1(b) SMT. CHETHANA V D/O LATE VENKATANARASAIAH AGED ABOUT 39 YEARS 1(c) SMT. CHANDANA V D/O LATE VENKATANARASAIAH AGED ABOUT 36 YEARS 1(d) SMT. MADHURI V D/O LATE VENKATANARASAIAH AGED ABOUT 34 YEARS 1(e) SRI GIRISH V D/O LATE VENKATANARASAIAH AGED ABOUT 29 YEARS ALL ARE R/AT KASAGHATTA MAJARA IYYANAHALLI VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPUR TALUK-561 203. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51258 WP No. 26748 of 2017 2. SRI NAGARAJ S/O LATE GANGANARASAIAH AGED ABOUT 54 YEARS 3. SRI SIDDAGANGAIAH S/O LATE GANGANARASAIAH AGED ABOUT 52 YEARS ALL ARE R/AT KASAGHATTA MAJARA IYYANAHALLI VILLAGE DODDABELAVANGALA HOBLI DODDABALLAPUR TALUK-561 203 BANGALORE RURAL DISTRICT. …PETITIONERS (BY SRI. KHADRI S A., ADVOCATE FOR P1(a TO e)) AND: 1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT VISHWESHARAIAH TOWER VIDHANAVEEDHI ROAD BANGALORE-560 001. 3. THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB DIVISION TALUK OFFICE BUILDING DODDABALLAPUR-561 203. 4. THE THASILDAR DODDABALLAPUR TALUK DODDABALLAPUR-561 203. 5. SRI M NAGARAJA S/O LATE H MUNILAKSHMAIAH - 3 - HC-KAR NC: 2025:KHC:51258 WP No. 26748 of 2017 AGED ABOUT 55 YEARS R/A DODDABELAVANGALA VILLAGE AND HOBLI DODDABALLAPUR TALUK-561 203 BANGALORE RURAL DISTRICT. …RESPONDENTS (BY SRI RAHUL CARIYAPPA K S, AGA FOR R1-R4; SRI M NAGARAJU, ADVOCATE FOR C/R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 05.06.2017 AT ANNEXURE-A PASSED IN R.P.NO.16/2013-14, C/W R.P. NO.92/2014-15 PASSED BY THE R-2 AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER This writ petition is filed by the petitioners seeking following relief: "a. Issue writ of Certiorari quashing the impugned order dated 5.6.2017 at annexure- A passed in R.P.No.16/2013-14, C/W R.P.No.92/2014-15 passed by 2nd respondent, b. Issue Writ of mandamus or any other appropriate writ quashing the impugned order of mutation passed by 4th respondent in M.R.No.H17/2012-13, dated 10.6.2013 at annexure-R, - 4 - HC-KAR NC: 2025:KHC:51258 WP No. 26748 of 2017 c. Directing the Tahasildar 4th respondent to restored the khatha in respect of schedule property in to the name of petitioners, in pursuance of mutation order passed by MR.No.17/2008-09 dated 20.5.2009, in respect of land baring Sy.No.77, totally 10 acres 38 guntas, in which 0-39 guntas Kharab land, remaining 9 acres 39 guntas cultivable land, situated at Kasaghatta village, Doddabelvanagala Hobli, Doddaballapur Taluk by allowing the above writ petition, as per annexure-P1." 2. The grievance of the petitioners is that they are the absolute owners in possession of the agricultural land bearing Sy.No.77, totally measuring 9 acres 39 guntas excluding 39 guntas of kharab land, out of which 3 acres 15 guntas stands in the name of petitioner No.1, 3 acres 14 guntas stands in the name of petitioner No.2 and 3 acres 10 guntas stands in the name of petitioner No.3 situated at Kasaghatta Village, Doddabelavangala Hobli, Doddaballapura Taluk (for brevity, "subject land"). 3. It is the contention of the petitioners that in suo- moto proceedings, the Assistant Commissioner-respondent No.3 at the instance of respondent No.5 directed the Tahsildar - 5 - HC-KAR NC: 2025:KHC:51258 WP No. 26748 of 2017 to conduct an enquiry in respect of genuineness of the Sale Deed and title of the petitioners over the subject land. The said order has been challenged by the petitioners before the Deputy Commissioner in R.P.No.16/2013-14 connected with R.P.No.92/2014-15. However, the Deputy Commissioner has also dismissed the revision petition by affirming the order of the Assistant Commissioner and also by setting aside all the mutation entries in the name of the petitioners. 4. According to the learned counsel for the petitioners, the father of petitioner No.1 i.e., Kariyanna alias Kariyappa purchased the subject land way back in the year 1948-49 and ever since, said Kariyanna @ Kariyappa and his family members are in continuous possession of the subject land. The said aspect was observed by the Assistant Commissioner in RUC(A) 27/2012-13 and R.A.(DBP).37/2013-14. Without considering the same, in the subsequent proceedings, the Assistant Commissioner and the Deputy Commissioner have cancelled the mutation entries, which was standing in the name of the petitioners. He further contended that petitioners have also filed a civil suit in O.S.No.201/2013 for the relief of - 6 - HC-KAR NC: 2025:KHC:51258 WP No. 26748 of 2017 declaration of title and injunction. However, the said suit was dismissed and regular first appeal is pending before this Court in RFA No.562/2023. In such circumstance, the order passed by the Deputy Commissioner is liable to be set aside. Accordingly, he prays to allow the writ petition. 5. Per contra, the learned counsel for contesting respondent No.5 submits that the Assistant Commissioner and the Deputy Commissioner after delving in detail the genuineness of the sale deed placed by the petitioners, came to a conclusion that those documents were forged documents and in order to grab the subject land, those documents were created. As such, the Assistant Commissioner and the Deputy Commissioner have rightly directed the Tahsildar to enter the name of the Government in the revenue records with respect to subject land. Accordingly, he prays to dismiss the writ petition. 6. Learned Additional Government Advocate submits that in view of the pendency of the regular first appeal, since the Deputy Commissioner has ordered to mutate the revenue entry in the name of Government, the same may be continued till the disposal of the regular first appeal. - 7 - HC-KAR NC: 2025:KHC:51258 WP No. 26748 of 2017 7. I have given my anxious consideration on the submissions made by the learned counsel for the parties and so also perused the documents made available before this Court. 8. As could be gathered from records, after the dismissal of the civil suit filed by the petitioners in respect of subject land for the relief of declaration and injunction, the regular first appeal has been filed by the petitioners and the same is pending before this Court in RFA No.562/2023. In that view of the matter, the Assistant Commissioner and the Deputy Commissioner have rightly held that the title of the petitioners and genuineness of those documents have to be tested in a civil suit by the Competent Civil Court. Though the original suit is dismissed, now there is a regular first appeal pending before this Court, I am of the considered view that, till disposal of the regular first appeal, the revenue entries of the subject land shall continue in the name of Government. It is needless to mention that, after disposal of the regular first appeal, the petitioners are entitled to make necessary application before the Tribunal, if they succeed in the regular first appeal. - 8 - HC-KAR NC: 2025:KHC:51258 WP No. 26748 of 2017 9. With these observations, the writ petition is disposed of. However, till disposal of the regular first appeal the parties shall maintain status-quo in respect of subject land. In view of disposal of the petition, the interlocutory applications would not survive and they stand accordingly disposed of. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 10