- 1 - HC-KAR NC: 2025:KHC:27728 WP NO.3292 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.3292 OF 2024 (KLR-RES) BETWEEN: SRI. ROHITH REDDY S/O P.R. CHENNA REDDY, AGED ABOUT 40 YEARS, R/AT NO.2-A, THOMAS MANOR, NO.88, RICHMOND ROAD, BENGALURU - 560 025. …PETITIONER (BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE VIDHAN SOUDHA, BENGALURU - 560 001. 2. DEPUTY COMMISSIONER MYSURU DISTRICT, MYSURU - 570 011. 3. ASSISTANT COMMISSIONER MYSURU DISTRICT, MYSURU - 570 011. 4. TAHASILDAR MYSURU TALUK, MYSURU DISTRICT - 570 011. 5. THE JOINT DIRECTOR OF LAND RECORDS CITY SURVEY Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27728 WP NO.3292 OF 2024 MYSURU TALUK, MYSURU DISTRICT - 570 011. 6. THE ASSISTANT DIRECTOR OF LAND RECORDS CITY SURVEY MYSURU TALUK, MYSURU DISTRICT - 570 011. 7. SMT. RENUKA B. W/O PUTTASWAMY AGE : MAJOR. 8. SHRI. VISHNUVAIBHAV S/O PUTTASWAMY AGE : MAJOR. 9. SMT. NAGARATANAMMA D/O PUTTASWAMY AGE : MAJOR. 10. SMT. KUMARI D/O PUTTASWAMY AGE : MAJOR. 11. SMT. SHANTA D/O PUTTASWAMY AGE : MAJOR. 12. SMT. JAYALAXMI D/O CHIKKAYYA AGE : MAJOR. 13. SMT. LAXMI D/O CHIKKAYYA AGE : MAJOR. 14. SMT. SHANTA D/O CHIKKAYYA AGE : MAJOR. 15. SMT. MEENA D/O CHIKKAYYA AGE : MAJOR. - 3 - HC-KAR NC: 2025:KHC:27728 WP NO.3292 OF 2024 16. SMT. BHAGYA D/O CHIKKAYYA AGE : MAJOR. 17. SMT. GOURI D/O CHIKKAYYA AGE : MAJOR. 18. SRI. RAJ D/O CHIKKAYYA AGE : MAJOR. 19. SMT. SARASWATHI K.B. D/O BOREGOWDA AGE : MAJOR. 20. SRI. BAIRESH K.B. S/O BOREGOWDA AGE : MAJOR. 21. SRI. PRASANNA K.B. S/O BOREGOWDA AGE : MAJOR. 22. SMT. PARIMALA D/O BOREGOWDA AGE : MAJOR. ALL ARE RESIDING AT: NO.2464, C.H.15/1, 7TH CROSS, NEW KANTARAJ ARAS ROAD , K.G. KOPPALU MYSURU CITY - 570011. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 TO R6; SRI. B.S. GURUDATH, ADVOCATE FOR R7, R12, R15, R19 AND R22; RESPONDENTS 8 TO 11, 13 AND 16 TO 18 - SERVED) - 4 - HC-KAR NC: 2025:KHC:27728 WP NO.3292 OF 2024 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 28TH NOVEMBER, 2023 PASSED IN CASE NO. R.P.20/2018 BY THE RESPONDENT NO.2 VIDE ANNEXURE-M; DIRECT THE RESPONDENTS TO MUTATE THE NAME OF THE PETITIONER IN THE REVENUE RECORDS PERTAINING TO LAND BEARING SURVEY NO.18 TO AN EXTENT OF 4 ACRE 20 GUNTAS SITUATED AT CHIKKARADANAHALLI VILLAGE, MYSURU TALUK AND DISTRICT; AND ETC. THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the order dated 28th November, 2023 (Annexure-M) passed by the respondent No.2 in Case No.R.P.20/2018; inter alia sought for direction to the respondents to mutate the name of the petitioner in revenue records pertaining to land bearing Survey No.18 to an extent of 4 acre 20 guntas situate at Chikkaharadanahalli Village, Mysuru Taluk. 2. Heard Sri. Shivaprasad Shantanagoudar, learned counsel appearing for the petitioner; Smt. Navya Shekhar, learned Additional Government Advocate appearing for respondents 1 to 6; and Sri. B.S. Gurudath, learned counsel appearing for respondents 7, 12, 15, 19 and 22. - 5 - HC-KAR NC: 2025:KHC:27728 WP NO.3292 OF 2024 3. Sri. Shivaprasad Shantanagoudar, learned counsel appearing for the petitioner, by referring to the order dated 07th July, 1999 (Annexure-C) passed by this Court in Writ Petition Nos.30401-402/1996, contended that the writ petition filed by the petitioners therein against the vendors of the petitioner herein claiming regularisation of the land in question came to be dismissed and same has reached finality. He further contended that the private respondents herein are seeking right in respect of the land in question without any legal right and further the respondent No.2 while passing the impugned order dated 28th November, 2023 (Annexure-M) arrived at a conclusion that the land in question is basically 'B' Kharab land and the petitioners have opt to challenge the earlier order passed in R.A. No.7/1993-94 by the Deputy Commissioner, Mysuru and the said finding recorded by the respondent No.2- Deputy Commissioner, Mysuru District is contrary to records as the Karnataka Appellate Tribunal in Appeal Nos.348/1995 preferred by the vendors of the petitioner is allowed. Accordingly, he sought for dismissal of the petition. He further contended that the 'B' Kharab land has been erroneously included with the total extent of land. - 6 - HC-KAR NC: 2025:KHC:27728 WP NO.3292 OF 2024 4. Per contra, learned counsel Sri. Gurudath, learned counsel appearing for respondents 7, 12, 15, 19 and 22 sought to justify the impugned order passed by the respondent No.2 and contended that the land in question is a tank and same has to be utilised for public purpose. Accordingly, he sought for dismissal of the writ petition. 5. In the light of the contention made by learned counsel appearing for the parties, it is relevant to consider the fact that the petitioner herein has purchased the land from one Abdul Shafi S/o Abdul Wahab, who is the original grantee of the land in question. It is also to be noted that the order of grant made in favour of the said Abdul Wahab has not been cancelled by any of the authorities and the vendor of the petitioner viz., Abdul Shafi, has challenged the order passed in R.A.7/93-94 before the Karnataka Appellate Tribunal in Appeal No.348/1995 (Annexure-B) and the said Appeal came to be allowed and on the other hand the appeal preferred by the private respondents in Appeal No.297/1995 came to be dismissed. It is also forthcoming from the writ petition that the private respondents herein have preferred Writ Petition No.30401-402/1996 and - 7 - HC-KAR NC: 2025:KHC:27728 WP NO.3292 OF 2024 this Court by order 07th July, 1999, dismissed the writ petition and as such, the grant made in favour of the vendor of the petitioner has reached finality. It is also to be noted that the petitioner herein has purchased the land in question bearing Survey No.18 of Chikkaharadanahalli Village, Mysuru Taluk to an extent of 4 acre 20 guntas as per registered Sale Deed dated 23rd April, 2008 (Annexure-D) and the same extent of land has been reflected in RTC Exract at Annexure-G in favour of the petitioner herein. However, the same has been wrongly shown in Column No.3, including the 'B' Kharab, which requires to be interfered by this court. In this regard as this Court has already disposed of the Writ Petition No.150 of 2020 considering the claim made by the petitioner herein and also as the grant made in favour of the vendor of the petitioner has reached finality in Writ Petition No.30401-402 of 1996 dated 07th July, 1999 (Annexure-C), the finding recorded by the respondent No.2 in R.P. No.20/2018 (Annexure-M) is incorrect and contrary to the factual aspects on record. Accordingly, I pass the following: O R D E R 1) Writ Petition allowed; - 8 - HC-KAR NC: 2025:KHC:27728 WP NO.3292 OF 2024 2) Order dated 28th November, 2023 (Annexure-M) passed by the respondent No.2 in R.P. No.20/2018 is hereby set- aside.; 3) Respondents 2 to 6 herein are directed to reclassify the land bearing Survey No.18 to an extent of 4 acre 20 guntas and remaining Kharab land as 'A' Kharab instead of 'B' Kharab land, within an outer limit of three months from the date of receipt of this order. 4) It is also directed that the respondents 3 to 6 shall make necessary entries in the revenue records pertaining to the land in question as stated above. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 45