- 1 - HC-KAR NC: 2025:KHC:36658 WP No. 28087 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 28087 OF 2024 (KLR-RES) BETWEEN: SMT MUNIYAMMA W/O. SRI. KODIHALLI BANDEPPA, AGED ABOUT 80 YEARS, R/A T. KOTHANUR VILLAGE AND POST, K.R. PURAM HOBLI, BENGALURU EAST TALUK, BENGALURU- 560 077. …PETITIONER (BY SRI. N S BHAT.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, M.S. BUILDING, DR. B.R. AMBEDKARK VEEDHI, BENGALURU- 560 001. 2. PRINCIPAL CHIEF CONSERVATOR OF FOREST ARANYA BHAVAN, MALLESHWARAM BENGALURU- 560 003 3. DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KANDAYA BHAVAN, BENGALURU- 560 009 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36658 WP No. 28087 of 2024 4. ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION, BENGALURU-560009. 5. ASSISTANT CONSERVATOR OF FOREST, BENGALURU NORTH SUB-DIVISION, 18TH CROSS, MALLESHWARAM, BENGALURU-560 003. 6. TAHASILDAR, K.R. PURAM, BENGALURU EAST TALUK, BENGALURU- 560 036. 7. RANGE FOREST OFFICER, YELAHANKA RANGE, BENGALURU- 560 064. …RESPONDENTS (BY SRI. V.SESHU., ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.07.2024 IN CASE NO.RP 413/2023 PASSED BY THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU-RESPONDENT NO.3 AS PER ANNEXURE M; CONSEQUENTLY TO RESTORE AN ORDER DATED 23.01.2023 PASSED BY THE ASSISTANT COMMISSIONER, BENGALURU NORTH SUB DIVISION, BENGALURU, THE RESPONDENT NO.4 IN RA (BE) 453/2022 AS PER ANNEXURE-J. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS - 3 - HC-KAR NC: 2025:KHC:36658 WP No. 28087 of 2024 ORAL ORDER Learned HCGP is directed to take notice for all the respondents. 2. Learned counsel for the petitioner submits that the petitioner is the owner of 2 acres of land in Sy.No.47 of Kothanur Village, K.R.Puram Hobli, Bengaluru East Taluk in terms of grant made in favour of the petitioner vide Official Memorandum dated 20.01.1979. The name of the petitioner was entered in the revenue records pursuant to the grant. However, when there was interference at the hands of the revenue authorities, the petitioner approached this court in W.P.No.31994 of 2009 seeking a writ of mandamus directing the State and the Tahsildar not to dispossess the petitioner. This Court by order dated 13.11.2009 held that notice dated 03.06.2009 threatening to dispossess the petitioner without giving an opportunity of hearing, cannot be sustained. The Tahsildar was directed to consider all these aspects of the matter including the pendency of civil litigation between the parties and proceed only in accordance with law. In the meanwhile, the petitioner had filed O.S.No.712 of 2009 on the - 4 - HC-KAR NC: 2025:KHC:36658 WP No. 28087 of 2024 file of the learned Additional Civil Judge, Junior Division, Bangalore Rural District, Bengaluru and the same was decreed on 19.08.2011 restraining the State and the Tahsildar from interfering with the suit schedule properly. 3. Learned counsel further submits, the Tahsildar filed an appeal before the Assistant Commissioner in R.A.(BE) 453/2022 against the Assistant Conservator of Forests, Bengaluru North Sub Division raising a challenge to mutation entry in M.R.No.6/1999-2000 whereby 17 acres and 34 guntas of land in Survey No. 47 situated at Kothanur Village, K.R.Pura Hobli, Bengaluru East Taluk, was mutated as forest land. The appeal filed by the Tahsildar was allowed by setting aside the mutation entry in M.R.No.6/1999-2000 while directing removal of the name "Forest Department" from the RTC. The Assistant Conservator of Forests approached the Deputy Commissioner invoking Section 136(3) of the Karnataka Land Revenue Act, 1964 raising a challenge to the order of the Assistant Commissioner and the Deputy Commissioner set aside the order of the Assistant Commissioner and consequently, the mutation entry in MR.No.6/1999-2000 has been restored. - 5 - HC-KAR NC: 2025:KHC:36658 WP No. 28087 of 2024 4. Learned HCGP raises an objection that the order passed by the Assistant Commissioner and the Deputy Commissioner at Annexures J and M are in respect of M.R.No.6/1999-2000 which has got nothing to do with the case of the petitioner. The petitioner has not produced copy of the latest RTC. Learned HCGP submits that, if the petitioner is aggrieved by any of the action of the revenue authorities then, the petitioner will have to approach the Competent Authority under the provisions of the Karnataka Land Revenue Act, 1964. 5. During the course of these proceedings, learned counsel for the petitioner submits that, the name of the petitioner has been removed from the revenue records from 1996-97. 6. Therefore, the petitioner should have raised a challenge to the removal of the name of the petitioner from the revenue records. At any rate, the orders passed at Annexures J and M have nothing to do with the lands belonging to the petitioner and the petitioner is not a party to those proceedings. 7. In that view of the matter, the writ petition stands disposed of reserving liberty to the petitioner to raise a - 6 - HC-KAR NC: 2025:KHC:36658 WP No. 28087 of 2024 challenge in regard to removal of his name from the revenue records, in accordance with law. Sd/- (R DEVDAS) JUDGE rs List No.: 1 Sl No.: 23