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2026 DAILYLAW 1677 (KAR)

SRI NATARAJ K v. THE DEPUTY COMMISSIONER

WA/1384/2025 · 2026-04-08

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19426-DB WA No. 1384 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1384 OF 2025 (KLR-RES) BETWEEN: 1. SRI. NATARAJ K., S/O LATE KRISHNAMURTHY, AGED ABOUT 54 YEARS. 2. SRI. K. GOPALA GOWDA SINCE DECEASED, REPRESENTED BY HIS LRS. SMT. KAVITHA, W/O LATE K. GOPAL GOWDA, AGED ABOUT 34 YEARS. 3. MASTER. ASHWIN, S/O LATE K. GOPAL GOWDA, AGED ABOUT 14 YEARS. 4. MASTER. ARYAN, S/O LATE K. GOPAL GOWDA, AGED ABOUT 3 YEARS SINCE PETITIONER NO. 3 & 4 ARE MINORS,REPRESENTED BY THEIR NATURAL GUARDIAN PETITIONER NO.2 THE ABOVE MENTIONED APPELLANTS ARE R/AT: AVALAHALLI VILLAGE, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19426-DB WA No. 1384 of 2025 SINGANAYAKANAHALLI VILLAGE, YELAHANKA TALUK, BENGALURU DISTRICT - 560 064. …APPELLANTS (BY SRI. R.S. RAVI SENIOR ADVOCATE FOR SRI. AKARSH KUMAR GOWDA., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BENGALURU - 560 001. 2. THE ASST. COMMISSIONER, BANGALORE NORTH, BANGALORE - 560 001. 3. THE TAHSILDAR, YELAHANKA TALUK, YELAHANKA, BANGALORE - 560 064. 4. SRI. GOPALAGOWDA. A., S/O LATE G. ANJANAPPA, AGED ABOUT 63 YEARS. 5. SRI. A. KESHAVA MURTHY, S/O LATE G. ANJANAPPA, AGED ABOUT 59 YEARS. 6. SRI. A. RAVI SHANKAR, S/O LATE G. ANJANAPPA, AGED ABOUT 55 YEARS. THE RESPONDNET NO. 4 TO 6 ARE RESIDING AT AVALAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA HOBLI AND TALUK, BENGALURU - 560 064. …RESPONDENTS (BY SRI.G.S. ARUNA, AGA FOR R1 TO R3, SRI. H.S. RAMAMURTHY, ADVOCATE FOR R4 TO R6) - 3 - HC-KAR NC: 2026:KHC:19426-DB WA No. 1384 of 2025 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE ABOVE APPEAL AND SET ASIDE THE ORDER DATED:10.07.2025 MADE IN WP NO.32530/2024 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND ETC., 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 T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) This writ appeal is filed impugning the judgment and order dated 10.07.2025 passed by the writ Court in WP.No.32530/2024. 2. The name of Jayalakshmamma, late mother of the respondent was mutated in respect of 3 acres of land in Sy.No.129 in proceedings MR.No.37/2004-05. Jayalakshmamma died in 2011 and on her death, the name of the respondent being the son and legal heir got mutated against the said land in proceedings MR.No.31/2011-12. - 4 - HC-KAR NC: 2026:KHC:19426-DB WA No. 1384 of 2025 3. The appellant has never challenged the mutation in the name of late Jayalakshmamma during her lifetime and even the name of the respondent till he files an appeal before the Assistant Commissioner after 8 years from the date when the name of the respondent got mutated in place of his late mother. The Assistant Commissioner, vide order dated 08.12.2022, directed for deletion of the name of the respondent from the record, in respect of 3 acres of land in Survey No.129, which was mutated in his name after the demise of his mother in the year 2011 and it remained for 8 long years before the appellant approached the Assistant Commissioner. The Deputy Commissioner therefore, interfered with the order passed by the Assistant Commissioner vide the order dated 30.09.2024 passed in RP.No.101/2024. The said order passed by the Assistant Commissioner of Bangalore North, Sub-Division pertaining to the land measuring 3 acres in survey No.108 (new Sy.No.129) of Avalahalli Village, Yelahanka Hobli, Yelahanka Taluk and held the - 5 - HC-KAR NC: 2026:KHC:19426-DB WA No. 1384 of 2025 order passed by the Assistant Commissioner contrary to the rules and allowed the revision. 4. It was further directed that the remaining entries to be restored as existed before the order passed by the Assistant Commissioner. 5. The said order passed by the Deputy Commissioner was challenged by the appellant by filing the writ petition. However, the writ petition has been dismissed and the writ Court has directed for maintaining the revenue entries as directed by the Deputy Commissioner, until the suit is finally decided. 6. We find no reason to interfere with the impugned judgment and the order passed by the Deputy Commissioner. Therefore, we dismiss this appeal. We make it clear that the revenue entries in favour of the respondent would be subject to the final outcome of pending suit between the parties and any observation made in the order passed by this Court would not be - 6 - HC-KAR NC: 2026:KHC:19426-DB WA No. 1384 of 2025 treated as final determination on question of right and title of the parties in respect of land in question. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 25; ct-vn