Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31063 WP No. 10963 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 10963 OF 2024 (KLR-RES) BETWEEN:
SRI. VINAY KUMAR S/O LATE SRI MADESHWARA AGED ABOUT 34 YEARS, RESIDING AT MAJJIGEYAVARA BEEDI DEVANAHALLI TOWN AND TALUK BANGALORE RURAL DISTRICT- 562 110 …PETITIONER (BY SRI. MANJUNATH G KANDEKAR.,ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M S BUILDING AMBEDKAR VEEDHI BENGALURU-560001 REPRESENTED BY ITS CHIEF SECRETARY
2.
DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT DISTRICT ADMINISTRATIVE BHAVAN, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562110
3.
THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:31063 WP No. 10963 of 2024
BANGALORE RURAL DISTRICT-561203
4.
THE TAHASILDAR DEVANAHALLI TALUK BANGALORE RURAL DISTRICT- 562110
5.
SRI MUNIRAJU S/O LATE SRI POOJAPPA AGED 56 YEARS RESIDING AT RAYASANDRA VILLAGE KASABA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT- 562110
6.
SRI P MURTHY S/O LATE SRI POOJAPPA AGED 55 YEARS RESIDING AT RAYASANDRA VILLAGE KASABA HOBLI, DEVANAHALLI TALUKL BANGALORE RURAL DISTRICT
7.
SRI MUNIYAPPA S/O LATE SRI POOJAPPA AGED 71 YEARS RESIDING AT RAYASANDRA VILLAGE KASABA HOBLI, DEVANAHALLI TALUKL BANGALORE RURAL DISTRICT- 562110
8.
SRI HANUMAPPA S/O LATE SRI TALWAR DONNAPPA AGED 76 YEARS RESIDING AT RAYASANDRA VILLAGE KASABA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT- 562110 …RESPONDENTS
(BY SRI. G.RAMESH, ADVOCATE FOR C/R5 TO R8;
SRI.MOHAMMED JAFFAR SHAH., AGA)
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HC-KAR NC: 2025:KHC:31063 WP No. 10963 of 2024
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE SRIT PETITION AND ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER ANNEXURE-A DATED 30.01.2024 PASSED BY THE 2ND RESPONDENT DEPUTY COMMISSIONER IN R.P.NO.88/2023.
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 4. Notice to respondent Nos.5 to 8 are not necessary for the following reasons.
2. The petitioner had approached the Assistant Commissioner seeking entry of his name on the strength of a sale deed dated 01.04.1972 said to have been executed in favour of his grandmother and the Assistant Commissioner allowed the appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964 (for short, 'the act'). However, at the instance of the private respondents herein, the Deputy Commissioner, exercising provisional powers under Section 136(3) of the Act, set aside the orders passed by the Assistant Commissioner. Since, admittedly, there is a suit pending in OS
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HC-KAR NC: 2025:KHC:31063 WP No. 10963 of 2024
No.681/2017 filed at the hands of the private respondents herein seeking declaration in respect of the said sale deed dated 01.04.1972, the Deputy Commissioner has therefore
directed the parties to await the outcome of the suit.
3. This Court does not find any infirmity in the impugned
order passed by the Deputy Commissioner. The grandmother of the petitioner, although said to have acquired title over the property in question under a sale deed dated 01.04.1972, never exercised acts of ownership by getting the revenue records mutated in her name. It is also a fact that a suit is pending consideration before a competent civil court in respect of the said sale deed.
In that view of the matter, the writ petition stands dismissed.
Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.
Sd/- (R DEVDAS) JUDGE rv