- 1 - HC-KAR NC: 2025:KHC:53435 WP No. 37620 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 37620 OF 2025 (KLR-RES) BETWEEN: 1. SMT. C. KANTHAMMA W/O LATE N. VENKATASWAMY REDDY, AGED ABOUT 72 YEARS, 2. SRI ANIL V REDDY S/O LATE N. VENKATASWAMY REDDY, AGED ABOUT 52 YEARS, 3. SRI ASHOK V REDDY S/O LATE N. VENKATASWAMY REDDY, AGED ABOUT 49 YEARS, PETITIONERS NO.1 TO 3 ARE R/AT NO.1696, 5TH A CROSS, 10TH MAIN, BSK 1ST STAGE, BENGALURU-560 050. …PETITIONERS (BY SRI. SRIKANTH M., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53435 WP No. 37620 of 2025 KANDHAYA BHAVAN, K.G. ROAD, BENGALURU-560 009. 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION, KANDHAYA BHAVAN, K.G. ROAD, BENGALURU-560 009. 4. THE TAHASILDAR ANEKAL SUB-DIVISION, ANEKAL TALUK, ANEKAL-562 106, BENGALURU DISTRICT. 5. JDLR ANEKAL SUB-DIVISION, ANEKAL TALUK, ANEKAL-562 106, BENGALURU DISTRICT. 6. SURVEY SUPERVISOR, ANEKAL TALUK, ANEKAL-562 106, BENGALURU DISTRICT. 7. TREASURER, CHANDAPURA CIRCLE, ANEKAL TALUK, ANEKAL-562 106, BENGALURU DISTRICT. 8. SRI VEERANNA S/O LATE PUTTAPPA AGED ABOUT 67 YEARS, R/AT LAKSHMISAGAR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU DISTRICT-562 107. 9. SRI MARIYAPPA S/O LATE PUTTAPPA AGED ABOUT 61 YEARS, R/AT LAKSHMISAGAR VILLAGE, ATTIBELE HOBLI, ANEKAL TALUK, BENGALURU DISTRICT-562 107. - 3 - HC-KAR NC: 2025:KHC:53435 WP No. 37620 of 2025 10. SRI ASHOK REDDY.R S/O. SRI Y. RAMA REDDY, AGED ABOUT 50 YEARS, 11. SRI SURESH R S/O SRI Y. RAMA REDDY, AGED ABOUT 56 YEARS, RESPONDENT NOS.10 AND 11 ARE RESIDING AT:41, LAKSHMISAGAR VILLAGE, NERALUR POST, ANEKAL TALUK, BENGALURU URBAN DISTRICT-562 107. …RESPONDENTS (BY SRI. M.J. ALVA, ADVOCATE FOR C/R8 TO R11; SRI. SHAMANTH NAIK, HCGP FOR R1 TO R7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, ORDER OR DIRECTION OR WRIT OF CERTIORARI TO QUASH THE ORDER DATED 04.11.2025 PASSED IN R.P.NO.484/2023, BY THE 2ND RESPONDENT-DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT AT ANNEXURE-A, AND ALSO ORDER DATED 03/08/2021 PASSED IN R.A. (A) NO.242/2020 BY THE RESPONDENT NO.3, AT ANNEXURE-'AB', AND ORDER DATED 07-06-2019 PASSED IN RRT (DISPUTE) CR NO.14/2018-19, PASSED BY THE RESPONDENT NO.4, AT ANNEXURE-T 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 - 4 - HC-KAR NC: 2025:KHC:53435 WP No. 37620 of 2025 ORAL ORDER Petitioners have filed the present writ petition challenging the order passed on 04.11.2025 by the Deputy Commissioner in R.P.No.484/2023 as also the order dated 03.08.2021 in R.A.(A) No. 242 of 2020 passed by the 3rd respondent i.e., the Assistant Commissioner. Petitioner has also challenged the validity of the order of the Tahsildar in RRT(D).C.R.No.14/2018-19. Certain consequential relief is also sought for. 2. Petitioners submit that there were proceedings regarding hissa survey in the year 1954 and in terms of the said hissa survey proceedings, Re-sy. No. 52/1 was shown for an extent of 2 acres 19 guntas. An extent of 1 acre 23 guntas was shown in the name of Puttappa, father of respondents 8 and 9. It is the case of the petitioners that certain proceedings were initiated by the private respondents claiming through Puttappa and in terms of the order at Annexure-T, the Tahsildar had directed that Katha ought to be effected in the name of Sri. Veeranna S/o. - 5 - HC-KAR NC: 2025:KHC:53435 WP No. 37620 of 2025 Puttappa and Sri. Mariyappa S/o. Puttappa for an extent of 2 acres 26 guntals in Sy. No. 52/2. In effect, it is submitted that this order of the Tahsildar was an order passed without arraying the petitioners herein as necessary parties. It is submitted that the earlier hissa survey proceedings in the year 1954 stood altered insofar as the extent of land in the name of Puttappa came to be enlarged from 1 acre 23 guntas to 2 acres 26 guntas and proportionately the entries in the name of the petitioners with respect to the extent of land in Sy. No. 52/1 would reflect a shortfall. 3. Sri. M. J. Alwa, learned counsel appearing for respondents 8 to 11 would however submit that the entry made by the Tahsildar is in accordance with the earlier sale deed dated 19.09.1939 and accordingly does not require to be interfered with. 4. However, it must be noticed that any alteration in the entries having a prejudicial effect regarding the - 6 - HC-KAR NC: 2025:KHC:53435 WP No. 37620 of 2025 extent of land in survey number, if sought to be made, ought to be made with notice to the petitioners herein. 5. Without entering into the rival contentions, noticing that the petitioners nor their vendor were parties in the proceedings at Annexure-T, the order at Annexure-T requires to be set aside. 6. Accordingly, the order at Annexure-T passed by the Tahsildar; order at Annexure-AB passed by the Assistant Commissioner and the order at Annexure-A passed by the Deputy Commissioner are set aside, as also all other connected proceedings pursuant to such impugned order are set aside. All contentions are kept open. 7. Both parties to mark their presence before the Tahsildar without further notice on 12.01.2026. The Tahsildar is to restore the proceedings in RRT(D).C.R.No.14/2018-19. The petitioners herein may be permitted to be arrayed as additional respondents. - 7 - HC-KAR NC: 2025:KHC:53435 WP No. 37620 of 2025 8. In light of the above, the writ petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VP