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2025 DAILYLAW 91971 (KAR)

SRI HOMBE GOWDA v. STATE OF KARNATAKA

WP/18542/2025 · 2025-07-24

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28292 WP No. 18542 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.18542 OF 2025 (KLR-RES) BETWEEN: 1. SRI. HOMBE GOWDA S/O LATE HOMBEGOWDA, AGED ABOUT 84 YEARS RESIDING AT KUPPEGALA VILLAGE, YADAKOLA POST, VARUNA HOBLI, MYSORE TALUK AND MYSURU DISTRICT-570010. 2. SMT. JALAJAKSHI W/O JAYARAMA AGED ABOUT 49 YEARS, RESIDING AT HALEKEMPAYYANAHUNDI VILLAGE, KASABA HOBLI, T. NARASIPURA MYSURU - 571124. 3. SRI. RAMESH M. S/O LATE MANCHAGEGOWDA, AGED ABOUT 49 YEARS, RESIDING AT 11, TELECOM LAYOUT, BOGADI, 9TH PHASE, MYSURU NORTH KARNATAKA-570026. 4. SRI. NAGESH S/O LATE MANCHAGEGOWDA, AGED ABOUT 45 YEARS, RESIDING AT KUPPEGALA VILLAGE, YADAKOLA POST, VARUNA HOBLI, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28292 WP No. 18542 of 2025 MYSORE TALUK AND MYSORE DISTRICT-570010. 5. SRI. NINGE GOWDA S/O LATE HOMBEGOWDA, AGED ABOUT 71 YEARS, RESIDING AT 178, MISSION ROAD, KUPPEGALA VILLAGE, YADAKOLA POST, VARUNA HOBLI, MYSURU TALUK, MYSURU DISTRICT -570010. 6. SMT. NINGAMMA D/O LATE SIDDHEGOWDA, AGED ABOUT 54 YEARS, 7. SRI. ANAND S. S/O LATE SIDDHEGOWDA AGED ABOUT 46 YEARS 8. SRI. K.S. KRISHNE GOWDA S/O LATE SIDDHEGOWDA AGED ABOUT 44 YEARS 9. SRI. BHASKAR. S S/O LATE SIDDHEGOWDA, AGED ABOUT 41 YEARS 10. SRI. PUTTASWAMY S/O LATE HOMBEGOWDA AGED ABOUT 68 YEARS 11. SRI. SANNEGOWDA S/O LATE HOMBEGOWDA AGED ABOUT 65 YEARS 12. SRI. H. KRISHNA GOWDA S/O LATE HOMBEGOWDA AGED ABOUT 66 YEARS HOUSE NO.11(C), TELECOM LAYOUT, PHASE 2. - 3 - HC-KAR NC: 2025:KHC:28292 WP No. 18542 of 2025 BOGADI (NORTH), MYSURU- 570026. 13. SRI. RAMEGOWDA S/O LATE HOMBEGOWDA AGED ABOUT 62 YEARS PETITIONER NO.1, 4, 6 TO 11 AND 13 ARE ALL RESIDING AT KUPPEGALA VILLAGE, YADAKOLA POST, VARUNA HOBLI, MYSORE TALUK AND MYSORE DISTRICT-570010. …PETITIONERS (BY SRI. TRIVIKRAM S.S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, M.S.BUILDING, BANGALORE- 560001. 2. THE DEPUTY COMMISSIONER, MYSORE DISTRICT, MYSURU, PIN CODE -570001. 3. THE ASSISTANT COMMISSIONER, MYSURU SUB-DIVISION, MYSURU DISTRICT, MYSURU-570001. 4. THE TAHSILDAR, MYSURU SUB-DIVISION, - 4 - HC-KAR NC: 2025:KHC:28292 WP No. 18542 of 2025 MYSURU DISTRICT, MYSURU-570005. 5. REVENUE INSPECTOR VARUNA HOBLI, MYSURU TALUK, MYSURU DISTRICT -570004. 6. SMT. SHIVANANJAMMA D/O LATE BASAVEGOWDA, AGED ABOUT 62 YEARS. 7. SRI. MAHADEVASWAMY S/O LATE MAHADEVU AGED ABOUT 33 YEARS 8. SRI. JAYARAMU S/O LATE MAHADEVU, AGED ABOUT 32 YEARS 9. SRI. RAJU S/O LATE KARIYANNA AGED ABOUT 47 YEARS 10. SRI. SHIVANNA S/O LATE KARIYANNA AGED ABOUT 45 YEARS RESPONDENTS NO. 6 TO 10 ARE ALL RESIDING AT PUTTEGOWDANAHUNDI VILLAGE, VARUNA HOBLI, MYSURU TALUK, MYSURU-570010. - 5 - HC-KAR NC: 2025:KHC:28292 WP No. 18542 of 2025 …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 09/05/2025, PASSED IN R.P NO. 25/2025 BY THE RESPONDENT NO.2 AS PER ANNEXURE-K AND SUBSEQUENTLY THE ORDER DATED 18/09/2024, PASSED IN R.A NO.69/2024 BY THE RESPONDENT NO.3 AS PER ANNEXURE-F; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Smt. Navya Shekhar, learned Additional Government Advocate accepts notice for respondents 1 to 5. 2. Heard the learned counsel appearing for the parties. 3. In this writ petition, the petitioners are challenging the order dated 09.05.2025 passed in - 6 - HC-KAR NC: 2025:KHC:28292 WP No. 18542 of 2025 R.P.No.25 of 2025 by the respondent No.2 (Annexure- K) and order dated 18.09.2024 passed in R.A.No.69 of 2024 by the respondent No.3 (Annexure-F). 4. On careful examination of the finding recorded by the respondent-authorities would indicate that, the khata has been made in terms of the registered Sale Deed dated 29.01.1963 and therefore, I am of the opinion that, there is no infirmity in the orders passed by the respondent-authorities, however, it is open for the petitioners herein to rectify the registered Sale Deed dated 29.01.1963 in a manner known to law. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 33