- 1 - HC-KAR NC: 2025:KHC:25682 WP No. 12851 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.12851 OF 2025 (KLR-RES) BETWEEN: 1. SRI. G.S. RAJAPPA S/O G.D. SHIDDAPPA, AGED ABOUT 63 YEARS, RESIDING AT NEAR SOCIETY, GODABANAHAL VILLAGE, KASABA HOBLI, CHITRADURGA TALUK CHITRADURGA DISTRICT KARNATAKA- 577555. …PETITIONER (BY SRI. JAYARAJ D.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU- 560 001. 2. THE DEPUTY COMMISSIONER, CHITRADURGA TALUK, CHITRADURGA DISTRICT, KARNATAKA- 577555. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25682 WP No. 12851 of 2025 3. THE ASSISTANT COMMISSIONER, CHITRADURGA TALUK, CHITRADURGA DISTRICT, KARNATAKA- 577 555. 4. THE TAHASILDAR, CHITRADURGA TALUK, CHITRADURGA DISTRICT, KARNATAKA- 577 555. 5. SRI M.R. MAHADEVAPPA, S/O M.R. RUDRAPPA, AGED ABOUT 67 YEARS, RESIDING BEHIND S.J.M COLLEGE, DAVALAGIRI EXTENSION, 2ND STAGE, CHITRADURGA TALUK, CHITRADURGA DISTRICT, KARNATAKA- 577 501. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 26/03/2025 PASSED BY THE DEPUTY COMMISSIONER RESPONDENT NO.2 IN DISMISSING THE PROCEEDINGS BEARING RP NO.58/2022 VIDE ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:25682 WP No. 12851 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Sri. Siddarth Baburao, learned Additional Government Advocate accepts notice for respondents 1 to 4. 2. I have heard Sri. Jayaraj D.S., learned counsel appearing for the petitioner and Sri. Siddarth Baburao, learned Additional Government appearing for the respondent-State. 3. In this writ petition, the petitioner is assailing the order dated 26.03.2025 in Revision Petition No. 58 of 2022 (Annexure-A), passed by the respondent No.2-Deputy Commissioner. 4. Having taken note of the submission made by the learned counsel appearing for the parties, originally, the subject land belonged to one M.S. Bairapppa and mutation in MR No.41/198-99 stand in - 4 - HC-KAR NC: 2025:KHC:25682 WP No. 12851 of 2025 the name of said M.S. Bairappa. Thereafter the said M.S. Bairapppa executed General power attorney in favour of respondent No.5- M.R. Mahadevappa and subsequently, the registered Sale Deed dated 20.04.2021 has been made in favour of respondent 5. In that view of the matter, since the mutation has been changed pursuant to the registered Sale Deed dated 20.04.2021 and that apart, suit OS No.96 of 2021 is pending consideration before the Senior Civil judge, Chitradurga, I am of the opinion that, parties must establish their respective rights in the pending civil suit. Hence, I find no perversity in the impugned order passed by Respondent No. 2 – Deputy Commissioner. Accordingly, the writ petition stands dismissed. SD/- (E.S.INDIRESH) JUDGE SB: List No.: 1 Sl No.: 25