- 1 - HC-KAR NC: 2025:KHC:45505 WP No. 13023 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 13023 OF 2025 (KLR-RES) BETWEEN: 1. SMT. SHIVARATHNAMMA D/O. LATE BHAJANTRI MALLAIAH @ MALLAPPA, W/O. NARASIMHAPPA, AGED ABOUT 61 YEARS, R/AT NO.15/773, MANAGALAPETE, HINDUPURA TOWN, ANANTHPURA DISTRICT, ANDHRA PRADESH-515201. 2. SMT. MUNIRATHNAMMA D/O. LATE BHAJANTRI MALLAIAH @ MALLAPPA, W/O. LAKSHMINARAYANAPPA, AGED ABOUT 59 YEARS, R/AT NO.951, 9TH CROSS, MUTHYALAMMA TEMPLE ROAD, SHANTI NAGAR, DODDABALLAPURA TOWN AND TALUK, BANGALORE RURAL DISTRICT-561203. 3. SRI CHENNA KRISHNAPPA S/O. LATE BHAJANTRI MALLAIAH @ MALLAPPA, AGED ABOUT 57 YEARS, R/AT. BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 4. SRI. SHANTAMURTHY, S/O. LATE BHAJANTRI MALLAIAH @ MALLAPPA, AGED ABOUT 55 YEARS, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45505 WP No. 13023 of 2025 R/AT. BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. 5. SMT. NAGARATHNAMMA, D/O. LATE BHAJANTRI MALLAIAH @ MALLAPPA, W/O. LATE. RAJAGOPAL, AGED ABOUT 52 YEARS, R/AT. SHINGAVARA, VENKATGIRIKOTE POST, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562164. 6. SMT. MANJULA, D/O. LATE BHAJANTRI MALLAIAH @ MALLAPPA, W/O. SRINIVAS, AGED ABOUT 49 YEARS, R/AT. S.NAGENAHALLI VILLAGE, TUBAGERE HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT-561203. 7. SMT. ANANDAMMA, D/O.LATE BHAJANTRI MALLAIAH @ MALLAPPA, W/O.NARASIMHARAJU, AGED ABOUT 43 YEARS, R/AT LAKSHMIDEVIPURA VILLAGE, TUBAGERE HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT-561 203. 8. SRI. B.M. MANJUNATH, S/O. LATE BHAJANTRI MALLAIAH @ MALLAPPA, AGED ABOUT 41 YEARS, R/AT BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562110. …PETITIONERS (BY SRI. NARASIMHARAJU, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:45505 WP No. 13023 of 2025 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPLE SECRETARY, DEPARTMENT OF REVENUE, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, BENGALURU-562 110. 3. THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA-561 203. 4. THE TAHSILDAR, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-561 203. 5. SMT. KEMAPAMMA W/O. LATE HONNAPPA, AGE - MAJOR R/AT IBASAPURA VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 129. 6. SRI. RAMEGOWDA B.H., S/O. LATE HONNAPPA, AGE - MAJOR R/AT IBASAPURA VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 129. 7. SMT. PRAMILA, D/O. LATE HONNAPPA, AGE - MAJOR R/AT IBASAPURA VILLAGE, CHANNARAYAPATNA HOBLI, - 4 - HC-KAR NC: 2025:KHC:45505 WP No. 13023 of 2025 DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562129. 8. SMT. ANJINAMMA D/O. LATE HONNAPPA, AGE - MAJOR R/AT NO.792/1, WARD NO.4, KERE KODI ROAD, VIJAYAPURA, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562135. 9. SMT. ANUSUYAMMA, D/O. LATE HONNAPPA, AGE - MAJOR R/AT WARD NO.4, KERE KODI ROAD, VIJAYAPURA, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 135. 10. SRI. RAMACHANDRAPPA, S/O. LATE. PATEL NARAYANAGOWDA, AGED ABOUT 41 YEARS R/AT. BEERASANDRA VILLAGE KUNDANA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562 110. 11. SMT. ANJULAMMA, W/O. LATE NANJEGOWDA, AGED ABOUT 39 YEARS R/AT. BEERASANDRA VILLAGE KUNDANA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562 110. 12. SMT. MUNIAKKAYYAMMA W/O. LATE BACHEGOWDA, AGE - MAJOR R/AT BEERASANDRA VILLAGE - 5 - HC-KAR NC: 2025:KHC:45505 WP No. 13023 of 2025 KUNDANA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562 110. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4; SRI. K.B. CHANDRASHEKARA SWAMY, ADVOCATE FOR R5 TO R9; SRI. SHEKARAPPA, ADVOCATE FOR R10; R12 - SERVED; SERVICE OF NOTICE TO R11 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING QUASH CORRIGENDUM / MODIFICATION ORDER DATED 15.12.2024 PASSED BY THE R4 IN RRT (A.C.ORDER) (KUNDANA)-24/2024 AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioners have sought for setting aside of the Corrigendum/modification order dated 15.12.2024 at Annexure-'A' passed by respondent No.4 - Tahsildar. By virtue of the order at Annexure-'A', the Tahsildar has modified his earlier order of 03.12.2024 at Annexure-'K' and by virtue of such modification, the order earlier read as Joint Khatha be effected in respect of defendant Nos.1 to 8 (petitioners herein) has been modified by stating that - 6 - HC-KAR NC: 2025:KHC:45505 WP No. 13023 of 2025 such joint entry would be after the vacation of interim order in O.S.No.356/2012. 2. It is noticed that the petitioners had approached the Assistant Commissioner and assailed revenue entry with respect to Survey no.6 measuring 1.00 acre. The said appeal before the Assistant Commissioner came to be allowed directing that the Khatha with respect to survey No.6 measuring 1.00 acre of Beerasandra Village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District is to be effected in the name of the applicants' father and thereafter to the applicants. The said applicants are petitioners in the present proceedings. 3. The Deputy Commissioner, taking note of the Sale Deed executed in favour of petitioners' father dated 12.04.1971 has proceeded to allow the appeal and the order has been upheld by the Deputy Commissioner in terms of the order at Annexure-'D' dated 23.07.2024. - 7 - HC-KAR NC: 2025:KHC:45505 WP No. 13023 of 2025 4. Though the Assistant Commissioner refers to the Sale Deed dated 12.04.1971, the order of the Deputy Commissioner however refers to the date of Sale Deed as 08.07.1975. Pursuant to such order, an application was made before the Tahsildar who has passed the order as per Annexure-'K' in RRT No.24/2024 directing that the entries to be made in terms of the order of the Assistant Commissioner as confirmed by Deputy Commissioner and such order was passed on 03.12.2024. 5. Subsequently, it appears that the Tahsildar has passed the Corrigendum/modification order whereby, it is stated that the effecting of revenue entries in joint Khatha would come into force after vacation of the interim order passed in O.S.No.356/2012. 6. Perused the order passed in O.S.No.356/2012. The suit is filed amongst the members of the joint family and the petitioners are arrayed as defendants. The said suit has been filed seeking for partition and separate - 8 - HC-KAR NC: 2025:KHC:45505 WP No. 13023 of 2025 possession. The interim order passed in the said suit is an order restraining the defendant Nos.1 to 26 and 28 to 49 from alienating the suit schedule properties. 7. The petitioners are defendant Nos.42 to 49. The petitioners, no doubt, are bound by the interim order passed in O.S.No.356/2012 as long as it remains in subsistence, however, it must be noticed that the proceedings regarding revenue entries pending before the Revenue Authorities are not injuncted by way of any order before the Civil Court. If that were to be so, the order of Assistant Commissioner as affirmed by the Deputy Commissioner and the proceedings of Tahsildar at the first instance at Annexure-'K' requires to be adhered to. Needless to state that such order passed by the Tahsildar effecting Khatha results in Khatha in joint names of petitioners, which would necessarily have to await the outcome of civil proceedings pending, if any, with respect to the subject matter of in Survey No.6 measuring 1.00 acre. - 9 - HC-KAR NC: 2025:KHC:45505 WP No. 13023 of 2025 8. The Tahsildar has grossly erred in effecting the revenue entries conditional upon vacation of interim order, when interim order is only an order of non-alienation. 9. Accordingly, the order at Annexure-'A' dated 15.12.2024 is set aside and the revenue entries is to be made out in terms of the order of Tahsildar at Annexure-'K' dated 03.12.2024, within a period of eight weeks. In terms of the observations made hereinabove, the petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR