- 1 - HC-KAR NC: 2025:KHC:26479 WP No. 2214 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 2214 OF 2022 (KLR-RES) BETWEEN: SRI. G. SRINIVAS S/O GOVINDAPPA AGED 58 YEARS R/AT NO E-321, THINDLU BENGALURU NORTH TALUK BENGALURU - 560 097. …PETITIONER (BY SRI. C.M. NAGABHUSHANA, ADVOCATE A/W SRI. MURALI N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001, REPRESENTED BY SECRETARY, REVENUE DEPARTMENT. 2. THE ASSISTANT COMMISSIONER, CHIKKABALLAPUR SUB DIVISION, MINI VIDHANA SOUDHA, SHIDLAGHATTA- CHIKKABALLAPURA MAIN ROAD, CHIKKABALLAPURA - 562 101. 3. THE TAHSILDAR Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26479 WP No. 2214 of 2022 SHIDLAGHATTA TALUK, SHIDLAGHATTA - 562 105. 4. SRI. B CHANNARAYAPPA S/O LATE BACHAPPA AGED 80 YEARS R/O K. MUTHUKADAHALLI VILLAGE KASABA HOBLI, SHIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT - 562 105. 5. SRI. B KRISHNAPPA S/O LT BACHAPPA, MAJOR AGE NOT KNOWN R/O K MUTHUKADAHALLI VILLAGE, KASABA HOBLI, SHIDLAGHATTA TQ CHIKKABALLAURA DISTRICT - 562 105. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP FOR R1 TO R3; SRI. J.R. JAGADEESH, ADVOCATE FOR R5; R4 - SERVED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD. 18.01.2016 PASSED BY THE R-2 PRODUCED AT ANNX-G TO THE WRIT PETITION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, petitioner is assailing the order dated 18.01.2016 passed by respondent No.2 in RRT/CR203/2012-13 - 3 - HC-KAR NC: 2025:KHC:26479 WP No. 2214 of 2022 (Annexure-G) and the order dated 27.09.2021 passed by respondent No.2 in RRT/Tiddupadi/646/2021-22 produced at Annexure-J. 2. Heard Sri.C.M.Nagabhushan learned counsel along with Sri.Murali, learned counsel appearing for the petitioner and Sri.Manjunath K., learned High Court Government Pleader appearing for the respondent Nos.1 to 3 and Sri.J.R.Jagadeesh, learned counsel appearing for respondent No.5. 3. It is contended by learned counsel appearing for the petitioner that, it is not in dispute with regard to the grant made by the respondent - authorities relating to 3 acres of land in favour of the vendor's vendor of the petitioner herein and the survey number mentioned as '173'. However, after conducting kararbund and durasti the survey number has been changed as Sy.No.115/P49 and in this regard, he referred to the observation made by respondent No.3 at Annexure-H and submitted that there is no impediment for the respondent - authorities to maintain the old survey No.115/P49 in respect of the subject land and accordingly, sought for interference of this court. - 4 - HC-KAR NC: 2025:KHC:26479 WP No. 2214 of 2022 4. Per contra, learned High Court Government Pleader appearing for respondent Nos.1 to 3 sought to justify the impugned order at Annexure-J and submitted that, since there is no discrepancy in the name of the grantees concerned, the claim made by the petitioner cannot be considered to retain the old survey No.115/P49 and as such, sought for dismissal of the petition. 5. In the light of the submission made by the learned counsel appearing for the parties, a careful examination of the finding recorded by respondent No.3 at Annexure-H would indicate that land to an extent of 3 acres has been granted in favour of the vendor's vendor of the petitioner in Sy.No.115/P49 (Peddanna S/o Mukidappa). It is also forthcoming from finding recorded by respondent No.3 that there is one more Peddanna S/o late Venkatashamappa in whose favour the land has been granted. In that view of the matter, taking into consideration the spot inspection and the report made by the Revenue Inspector to the respondent No.3, as culled out in Annexure-H, makes it clear that there is no impediment for the respondent-authorities to continue the old survey No.115/P49 in respect of the subject land where it has - 5 - HC-KAR NC: 2025:KHC:26479 WP No. 2214 of 2022 been granted in favour of Peddanna S/o bin Mukidappa (the vendor's vendor of the petitioner herein). 6. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioner. Accordingly, Annexure - G, J and L passed by respondent-authorities are hereby quashed and respondent No.3 is directed to restore the name of the petitioner in the revenue records relating to survey No.115/P49 of Goramadagu Village, Kasaba Hobli, Shidlaghatta Taluk within a period of two months from the date of receipt of this order. It is also made clear that making such modification insofar as the survey number would not come in the way of the allotment made in favour of another grantee Peddanna S/o late. Venkatashamappa. Accordingly, the petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE SS List No.: 1 Sl No.: 50 CT: BHK