Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:51959 WP No. 1431 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 1431 OF 2023 (KLR-RES) BETWEEN:
1.
H GOVINDARAJU S/O HANUMAIAH AGED ABOUT 65 YEARS R/A SHIRAGONAHALLI VILLAGE BAKTHARAHALLI POST DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BANGALORE DISTRICT - 561 203 … PETITIONER (BY SRI. VASUDEVA IYENGAR K T., ADVOCATE) AND:
1.
THE CHIEF SECRETARY REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA DR AMBEDKAR VEEDHI BANGALORE - 560 001
2.
THE DY. COMMISSIONER BANGALORE RURAL DISTRICT REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA OFFICE OF THE DY. COMMISSIONER BANGALORE DISTRICT BANGALORE - 561 205 Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:51959 WP No. 1431 of 2023
3.
THE ASST. COMMISSIONER DODDABALLAPURA SUB DIVISION BANGALORE RURAL DISTRICT BANGALORE - 561 205
4.
THE THAHSHILDAR DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT BANGALORE - 561 205
5.
SRI M RANGASHAMAIAH AGED NOT KNOWN MAJOR S/O MUTHARAYYA
6.
SRI RANGASHAMAIAH, AGED NOT KNOWN, MAJOR, SRI. RANGAMUTHAYYA,
7. MUTHURAYAPPA AGED NOT KNOWN MAJOR S/O RANGAMUTHAYYA
8.
SRI RANGAPPA AGED NOT KNOWN MAJOR S/O RANGAMUTHAYYA
9.
SMT. MUTHAMMA AGED NOT KNOWN MAJOR D/O RANGAMUTHAYYA
- 3 -
HC-KAR NC: 2025:KHC:51959 WP No. 1431 of 2023
10.
SMT. MUDDARANGAMMA AGED NOT KNOWN MAJOR D/O RANGAMUTHAYYA
11.
SRI RANGAMUTHAMMA AGED NOT KNOWN MAJOR D/O RANGAMUTHAIAH
12. CHIKKEERAYYA FATHER'S NAME NOT KNOWN TO PETITIONER AGED NOT KNOWN MAJOR
13. BYLAPPA FATHER'S NAME NOT KNOWN TO PETITIONER AGED NOT KNOWN MAJOR ALL 5 TO 13 ARE RESIDENTS OF DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT BANGALORE DISTRICT - 561 205
14.
SMT. THIMMA ARASAMMA D/O GOVINDAIAH AGE NOT KNOWN MAJOR
15.
SRI RAMACHANDRAIAH S/O RANGAIAH AGED NOT KNOWN MAJOR
- 4 -
HC-KAR NC: 2025:KHC:51959 WP No. 1431 of 2023 RESIDENT OF KALIPALYA VILLAGE SAKKARE GOLLAHALLI POST DODDABELAVANGALA HOBLI DODDABALLAPURA TALUK BANGALORE DISTRICT - 561 205 … RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R3)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDERS OF THE DY. COMMISSIONER OF BANGALORE RURAL DISTRICT, BANGALORE, TO PASS JUDGEMENT IN CASE NO.REVISION PETITION/29/2016-17 FORTHWITH, IN ITS
ORDER DTD 6.1.2023, PRODUCED AT ANNEXURE-K AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner in the present petition has challenged the
order passed by the Deputy Commissioner in Revision Petition No. 29/2016-17. 2. In terms of Annexure-K, the Deputy Commissioner had by a detailed order dismissed the revision petition while upholding the order passed by the Assistant Commissioner in R.A.(Do)No.136/2007-08 dated
22.06.21016. The Assistant Commissioner in
- 5 -
HC-KAR NC: 2025:KHC:51959 WP No. 1431 of 2023 R.A.(Do)No.136/2007-08 had dismissed the appeal filed under Section 136(2) of the Karnataka Land Revenue Act, 1964 by a detailed order. 3. It must be noticed that the Deputy Commissioner while disposing of Revision Petition No. 29/2016-17 has made certain observations regarding earlier rounds of approach before the revenue authorities. The observations made at Page No.52 are as follows:
"On careful perusal of the contentions put forth by the parties and records placed on file it is found that one H.Govindaraju has filed an application before the Tahsildar, Doddaballapura Taluk with a request to change the khatha in respect of the lands in Sy.NO.12/1, 12/2, 16, 15, 7/1, 7/2, 25 & 38 as per the endorsement issued by the Special Deputy Commissioner for Inams Abolition. After verifying the facts of the case the Tahsildar has issued the endorsement in RRT.CR4493/06-07, dated 27.03.2007 stating that the lands in question have been granted to other persons and khatha is in their names, hence his application for change of khatha is not admissible and advised to file an appeal before the competent authority. - 6 -
HC-KAR NC: 2025:KHC:51959 WP No. 1431 of 2023 Same H.Govindaraju has filed one more application to the Tahsildar, Doddaballapura Taluk seeking change of khatha in respect of the lands in Sy.No.12/1, 12/2, 15, 16, 7/1, 7/2, 25 & 38 as per the endorsement issued by the Special Deputy Commissioner for Abolition of Inams. This application was also verified and an endorsement in RRT.CR747/07-08 was issued to the petitioner stating that the lands in question have been granted to others and khatha stood in their names. Sri. Rangashamaiah and Sri.H.Govindaraju have filed an appeal before the Assistant Commissioner, Doddaballapura Sub-Division, challenging the aforesaid endorsements dated 27.03.2007 & 29.06.2007 issued by the Tahsildar. The Assistant Commissioner has heard the parties in appeal No. RA 136/2007-08 and rejected the appeal by order dated 22.06.2016 by holding that the Special Deputy Commissioner for Abolition of Inams has granted the lands in Sy.
No.7/3, 5/2, 12/1 & 16 in favour of respondent No.3 in case No.15/59-60 dated 07.11.1960, the land measuring 5 acres 38 guntas in Sy.No.15 was granted to respondent No.7 in case No.16/59-60 dated 07.11.1960. Similarly in case No.11/59-60, dated 07.11.1961 the Special Deputy Commissioner has granted the
- 7 -
HC-KAR NC: 2025:KHC:51959 WP No. 1431 of 2023 land in Sy.No.1/2, 4/2, 5/1, 12/2, 13, 14, 25, 38, 3 & 4/1 in favour of the father of respondent No.2. He has further observed that the appellants herein have filed an appeal challenging the khatha effected in respect of the lands in Sy.No.7/3, 16 & 5/2 in appeal No.29/81-82 and the same was dismissed by
order dated
19.05.1986. The appellants have also filed a writ petition No.12248/1983 before the Hon'ble High Court which was also dismissed and the order passed by the Assistant Commissioner and the Tahsildar was upheld."
4. It is clear that there were previous approaches by the petitioner before the Revenue Authorities and the Revenue Authorities had issued endorsement as regards application for transfer of khata stating that the land in question had been granted to other persons and katha was in their names and accordingly, application for katha could not be reconsidered.
5. It is noticed that the endorsement by the Tahsildar on 27.03.2007 and 29.06.2007 challenged in R.A.No.136/2007-08 was rejected by holding that the
- 8 -
HC-KAR NC: 2025:KHC:51959 WP No. 1431 of 2023 Special Deputy Commissioner for Abolition of Inams had already granted lands. The Deputy Commissioner has also noticed that the petitioner - H Govindaraju who was the appellant before the Assistant Commissioner had filed an appeal challenging katha in Appeal No. 29/81-82 which was dismissed by order dated 19.05.1986 and the writ petition filed in W.P.No.12248/1983 challenging such order of Assistant Commissioner and the Tahsildar was also rejected while upholding such orders of the Revenue Authorities.
6. It is noticed that the grant in favour of father of the petitioner i.e., Hanumaiah, was subject to payment of premium which condition was not complied. W.P.No. 12248/1983 filed by the petitioner's father also has been rejected upholding the order passed in favour of the other private parties by the Special Deputy Commissioner for Abolition of Inams. Such facts as made out by the revenue authorities are not controverted.
- 9 -
HC-KAR NC: 2025:KHC:51959 WP No. 1431 of 2023
In light of dismissal of W.P.No. 12248/1983 and the earlier rejection of application for change of katha at the instance of Hanumaiah having attained finality, fresh round of raising the issue under identical circumstances cannot be entertained and the petition is rejected.
Sd/- (S SUNIL DUTT YADAV) JUDGE VP