Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:10609-DB WA No. 1251 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1251 OF 2024 (KLR-RES) BETWEEN:
1.
SRI NIJALINGAPPA S/O LATE MAHADEVAPPA AGED ABOUT 71 YEARS R/AT SARKARI UTHANAHALLI VILLAGE, VARUNA HOBLI, MYSURU TALUK, MYSURU DISTRICT 571 311 …APPELLANT (BY SRI. CHETHAN B C., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REVENUE DEPARTMENT REP BY ITS PRINCIPAL SECRETARY, M.S BUILDING DR. AMBEDKAR VEDHI, BENGALURU 560 001
2.
THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU 570001
3.
THE ASSISTANT COMMISSIONER MYSURU SUB DIVISION MYSURU 570001
4.
THE THASILDHAR MYSURU TALUK MYSURU 570001
Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:10609-DB WA No. 1251 of 2024
5.
SRI. LINGAPPA S/O LATE SHIVANNA AGED ABOUT 46 YEARS
6.
SRI RAJANNA S/O LATE SHIVANNA AGED ABOUT 41 YEARS
7.
SMT VIMALA D/O LATE SHIVANNA AGED ABOUT 31 YEARS
8.
SMT MANGALAMMA D/O LATE SHIVANNA AGED MAJOR
9.
SMT PREMA D/O LATE SHIVANNA AGED ABOUT 29 YEARS
10. SRI PUTTABUDDHI S/O LATE SHIVANNA AGED ABOUT 36 YEARS
11. SMT JAYAMMA W/O LATE SHIVANNA AGED ABOUT 51 YEARS
12. SRI MARAPPA S/O LATE PUTTAPPA AGED ABOUT 46 YEARS
R-5 TO R-12 ARE R/AT SARKARI UTHANAHLLI VILLAGE, VARUNA HOBLI, MYSURU TALUK MYSURU DISTRICT 571 311 …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R1-R4;
SRI. M.R.BALAKRISHNA, ADVOCATE FOR R5-R10;
R11 & R12 ARE SERVED AND UNREPRESENTED)
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HC-KAR NC: 2026:KHC:10609-DB WA No. 1251 of 2024
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 05.07.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-19407/2022 (KLR-RES).
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 S RACHAIAH
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra Court appeal has been filed impugning the judgment and order dated 05.07.2024 passed by the learned Single Judge in W.P.No.19407/2022 preferred by the appellant/petitioner.
2. The parties are referred to as per their ranking before the writ Court, for the sake of convenience.
3. The petitioner has challenged the order dated 10.08.2022 passed by the Deputy Commissioner, Mysuru District, Mysuru in R.P.No.70/2019 as well as the order dated 13.02.2019 passed by the Assistant Commissioner, Mysuru in R.A. No. 315/2017 and further direction was sought to the Tahsildar concerned to effect the khata in the name of the
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HC-KAR NC: 2026:KHC:10609-DB WA No. 1251 of 2024
petitioners in respect of the property bearing Sy No.177, measuring 1 acre 16 guntas, situated at Sarakari Uthanahalli Village, Varuna Hobli, Mysuru taluk.
4. It appears that both the parties are claiming rights over the land in question in terms of the order dated 24.12.1981 passed by the Land Tribunal, Mysuru. The applications before the Land Tribunal were submitted by Archakas of Jwalamukhi Amma Temple, Utthanahalli, who were allegedly cultivating the land jointly for a considerable period and the Land Tribunal considering the service rendered by them granted the land as per the order dated 24.12.1981.
5. It appears that there is a confusion created because of the order passed by the Land Tribunal and therefore, we deem it appropriate to remand the matter back to the Tribunal to decide the matter afresh after hearing both the parties within a period of six months.
6. The parties are directed to appear before the Land Tribunal on 05.03.2026.
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HC-KAR NC: 2026:KHC:10609-DB WA No. 1251 of 2024
7. Accordingly, the writ appeal stands disposed of. All
contentions are kept open.
Sd/- (D K SINGH) JUDGE
Sd/- (S RACHAIAH) JUDGE
RKA List No.: 1 Sl No.: 25