Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:40911-DB WA No. 1053 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 1053 OF 2024 (KLR-RES) BETWEEN:
1.
SMT NANJAMMA W/O LATE SIDDALINGEGOWDA, AGED ABOUT 57 YEARS,
2.
SMT SUSHELAMMA W/O LATE SHIVANNA, AGED ABOUT 51 YEARS, ALL ARE RESIDING AT GULENAHLLI VILLAGE, KADABA HOBLI, GUBBI TALUK, TUMKUR-572 219. …APPELLANTS (BY SRI. T PRAKASH, ADVOCATE) AND:
1.
STATE OF KARNATAKA REP BY ITS SECRETARY, DEPARTMENT OF REVENUE M.S BUILDING, DR AMBEDKAR VEEDHI, BENGALURU-560 001. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:40911-DB WA No. 1053 of 2024
2.
THE DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR-572101.
3.
THE ASSISTANT COMMISSIONER TUMKUR SUB-DIVISION, TUMKUR-572 101.
4.
THE TAHASILDAR GUBBI TALUK, GUBBI-572 216.
5. SRIKANTEGOWDA S/O LATE BOREGOWDA, AGED ABOUT 62 YEARS, RESIDING AT GOLENAHALLI VILLAGE, KADABA HOBLI, GUBBI TALUK-572 216. …RESPONDENTS (BY SMT. M.N. SUDEV HEGDE, AGA)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 05.06.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-28585/2023 (KLR-RES) AND ALLOW THE WP No- 28585/2023(KLR-RES) AND TO PASS SUCH OTHER ORDERS AS DEEMED NECESSARY IN THE ENDS OF JUSTICE.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K
- 3 -
HC-KAR NC: 2025:KHC:40911-DB WA No. 1053 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE RAJESH RAI K)
This intra Court appeal has been filed challenging the
order passed by the learned Single Judge in W.P.No.28585/2023 dated 05.06.2024, whereby the learned Single Judge has dismissed the writ petition.
2. The grievance of the petitioners before the learned Single Judge is that in pursuance to the application made by the contesting respondent, the revenue authorities have changed the mutation in respect of the land in question as per MRT3-2021-2022 dated 17.07.2021 and the same was challenged before the Assistant Commissioner. Thereafter, the Assistant Commissioner directed to enter the Khata in the names of all the petitioners and the contesting respondent, which was affirmed by the Deputy Commissioner.
3. On perusal of the order of the learned Single Judge and the records placed before us, it could be gathered that there is a civil suit in O.S.No.1/2019 which is pending on the file of the learned Civil Judge and JMFC, Gubbi between the petitioners and respondents, who are the family members, for
- 4 -
HC-KAR NC: 2025:KHC:40911-DB WA No. 1053 of 2024 partition of the land in question. As such, learned Single Judge has rightly relegated the parties to approach the Civil Court for adjudication of their rights. We find no error in the impugned
order. Accordingly, the writ appeal lacks merits and same is dismissed. SD/- (D K SINGH) JUDGE SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 17