- 1 - HC-KAR NC: 2025:KHC:28011 WP No. 27804 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.27804 OF 2019 (KLR-RES) BETWEEN: 1. SMT. KEMPAMMA W/O. LATE RANGAPPA AGED ABOUT 72 YEARS OCCUPATION: AGRICULTURE 2. SRI KRISHNAPPA S/O. LATE RANGAPPA AGED ABOUT 49 YEARS OCCUPATION: AGRICULTURE 3. SRI KEMPANNA S/O. LATE RANGAPPA AGED ABOUT 46 YEARS OCCUPATION: AGRICULTURE ALL ARE R/O. HUNASEMARADA PALYA BHEEMANAKUPPE POST KHAKLE, RAMOHALLI POST KENGERI HOBLI - 560 060 BENGALURU SOUTH TALUK. …PETITIONERS (BY SMT. MANJULADEVI R. KAMADOLLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SECRETARY TO URBAN DEVELOPMENT DEPARTMENT (BDA) VIKASA SOUDHA, DR. B. R. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28011 WP No. 27804 of 2019 BENGALURU DISTRICT KANDAYA BHAVANA, K. G. ROAD BENGALURU - 560 001. 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION KANDAYA BHAVANA, K. G. ROAD BENGALURU - 560 001. 4. THE TAHSILDAR BENGALURU SOUTH TALUK KANDAYA BHAVANA, K. G. ROAD BENGALURU - 560 001. 5. SMT. LAKSHMAMMA W/O. LATE DASAPPA AGED ABOUT 51 YEARS OCCUPATION: HOUSEHOLD WORK R/O. HUNASEMARADA PALYA BHEEMANAKUPPE POST KHAKLE, RAMOHALLI POST KENGERI HOBLI - 560 060 BENGALURU SOUTH TALUK. …RESPONDENTS (BY SRI MANJUNATH K., H.C.G.P., FOR R-1 TO R-4; SRI SRIKANTH S., ADVOCATE FOR C/R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE REVENUE ENTRY IN R.T.C. FOR SURVEY NO.209 OF BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK IN THE NAME OF 5TH RESPONDENT SO FAR AS 1 ACRE 20 GUNTAS IS CONCERNED VIDE ANNEXURE-H AND THE ORDER PASSED BY THE RESPONDENT NO.3 ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION IN RA.(S) NO.92/2011-12 DATED 17.7.2012 VIDE ANNEXURE-K AND THE ORDER PASSED BY THE RESPONDENT NO.2 THE DEPUTY COMMISSIONER, BENGALURU DISTRICT IN RP 126/12-13 DATED 25.4.2019 PENDING ON HIS FILE PERTAINING TO SY.NO.209 MEASURING 1 ACRE 20 GUNTAS OF BHEEMANAKUPPE VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK VIDE ANNEXURE-N. - 3 - HC-KAR NC: 2025:KHC:28011 WP No. 27804 of 2019 THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER This writ petition is filed praying to quash the revenue entry in R.T.C. in respect of Survey No.209 of Bheemanakuppe Village, Kengeri Hobli, Bengaluru South Taluk in favour of Respondent No.5, so far as 01 acre 20 guntas of land is concerned vide Annexure-H and, the order passed by Respondent No.3 in RA.(S) No.92/2011-12 dated 17.07.2012 vide Annexure-K as well as the order passed by Respondent No.2 in RP No.126/2012-13 dated 25.04.2019 vide Annexure-N. 2. Heard Learned counsel appearing for the parties. 3. Smt.Manjuladevi R.Kamadolli, learned counsel appearing for the petitioners, submitted that, the respondent-authorities have failed to consider the fact with regard to the title in respect of the subject land concerned and, further also submitted that, the discussion made at Paragraph No.16 of the order dated 25.04.2019 passed by respondent no.2 (Annexure-N) requires re-consideration by this Court. - 4 - HC-KAR NC: 2025:KHC:28011 WP No. 27804 of 2019 4. Per contra, Mr.Srikanth.S, learned counsel for respondent no.5 filed a memo along with the order sheet in O.S.No.848/2018, filed by the petitioners herein challenging the award passed by the Bengaluru Development Authority and, also seeking declaration in respect of the subject land, which came to be dismissed for non-prosecution on 12.03.2024 and thereafter, the Miscellaneous Petition was filed before the Trial Court and, further contended that, the finding recorded by the respondent-authorities requires to be confirmed in this writ petition. 5. Learned HCGP, referring to the finding recorded by respondent no.2 at paragraph no.16 submitted that, respondent no.5 herein had acquired the right over the land in question and therefore, sought for confirmation of the order passed by the respondent-authorities. 6. In the light of the submission made by the learned counsel appearing for the parties, I have carefully examined the finding recorded by both the authorities, wherein it is evident that the land in question is an Inam land. In that view of the matter, it is open for the petitioners to establish their - 5 - HC-KAR NC: 2025:KHC:28011 WP No. 27804 of 2019 rights over the schedule property in the manner known to law. However, though the learned counsel for the respondent no.5 submitted that, O.S.No.848/2018 filed by the petitioner has been dismissed on 12.03.2024 and, in view of the submission made by the learned counsel for the petitioner that, Miscellaneous No.88/2024 is filed before the Competent Civil Court, I am of the view that, the petitioners have to establish their right over the property in question and accordingly, no interference is called for in this writ petition. Accordingly, the writ petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE rs List No.: 1 Sl No.: 45