Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:13399 WP No. 48456 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 48456 OF 2018 (LB-RES)
BETWEEN:
1.
SRI. CHINNAPPA S/O LATE SRI. DASAPPA AGED ABOUT 54 YEARS NO.23/50, 7TH CROSS 1ST MAIN, KUNDALAHALLI BENGALURU NORTH DODDANEKKUNDI BENGLAURU-560 037. …PETITIONER (BY SRI. P.DHANANJAYA, ADVOCATE FOR SRI. C.VIJAYA KUMAR, ADVOCATE)
AND:
1.
THE TAHSILDAR BENGALURLU EAST TALUK K.R.PURAM, BENGALURU-560 036.
2.
THE ASSISTANT REVENUE OFFICER HOODI SUB-DIVISION BBMP, BENGALURU-560 048.
3.
SRI. SUSAI NATHAN S/O LATE MARAPPA AGED ABOUT YEARS R/AT NO.125, 5TH CROSS \KUNDALAHALLI VILLAGE BENGALURU-560 037.
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:13399 WP No. 48456 of 2018
4.
SRI. PRAFULA W/O SRI. SUSAI NATHAN AGED ABOUT YEARS R/AT NO.125, 5TH CROSS KUNDALAHALLI VILLAGE BENGALURU-560 037.
5.
SRI. SUNIL W/O SRI SUSAI NATHAN AGED ABOUT YEARS RA/T NO.125, 5TH CROSS KUNDALAHALLI VILLAGE BENGALURU-560 037. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1;
SRI. M.A.SUBRAMANI, ADVOCATE FOR R2;
SRI. H.VEDAVYASA BHAT, ADVOCATE FOR R3 TO R5)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 11.06.2014 IN NO.BBMP.HOODI.SUB- DIVISION/RT/CR/10/ 2014-15 ISSUD BY THE 2ND RESPONDENT, A COPY OF WHICH IS PRODUCED AT ANNEXURE-H AND DIRECT THE 2ND RESPONDENT TO CONDUCT AN ENQUIRY AND PASS ORDER TO ENTER THE NAME OF THE PETITIONER IN RESPECT OF THE SITE NO.125 IN SY.NO.126 OF KUNDALAHALLI VILLAGE, K.R.PURAM HOBLI, BENGALURU EAST TALUK AND ETC.
THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
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HC-KAR NC: 2026:KHC:13399 WP No. 48456 of 2018
ORAL ORDER
1. The case of the petitioner is that his father was granted hakku patta in respect of the property which is the subject matter of the writ petition. After the demise of his father, his brother one Narayanaswamy had requested the authorities concerned to mutate the khata in respect of the property in his name. The same has been rejected on the ground that the property stands in the name of a third party. This endorsement has been issued on 11.06.2014. Thereafter, the brother of the petitioner had approached the Karnataka State Commission for Scheduled Castes and Scheduled Tribes and the said commission has passed an order (vide Annexure-F to the writ petition) dated 27.09.2017 in Dispute No.299/2015, wherein they have directed the property to be handed over to the brother of the petitioner.
2. It is the case of the petitioner that subsequently his brother has died. Thereafter, he has filed this writ petition on the strength of the order passed by Karnataka State Commission for Scheduled Castes and Scheduled Tribes in Dispute No.299/2015 with the following prayers:
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HC-KAR NC: 2026:KHC:13399 WP No. 48456 of 2018
"(i) ISSUE a writ of certiorari or any other writ quashing the endorsement dated 11.6.2014 in No.BBMP.HOODI,SUB-DIVISION/RTI/CR/10/ 2014- 15 issued by the 2nd respondent, a copy of which is produced at ANNEXURE-H and direct the 2nd respondent to conduct an enquiry and pass order to enter the name of the petitioner in respect of the site No.125 in Sy.No.126 of Kundalahalli village, K R Puram Hobli, Bengaluru East Taluk. (ii) ISSUE a writ of mandamus or any other writ directing the respondent No.1 to comply the order passed by the SAGUVALI CHIT & ST Commission dated 27.9.2017 copy of which is produced at ANNEXURE-F and deliver possession of the property to the petitioner within the time frame to be fixed by this Hon'ble Court. (iii) Issue any other writ or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case."
3.
Learned counsel for the respondents together submit that the petitioner has no right, title or interest over the property concerned. They further submit even the brother of the petitioner did not submit any documents to respondent no.2 who has issued the impugned endorsement at Annexure-H to the writ petition. It is further submitted that the order of
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HC-KAR NC: 2026:KHC:13399 WP No. 48456 of 2018
Karnataka State Commission for Scheduled Castes and Scheduled Tribes in Dispute No.299/2015 has been set aside by this Court in W.P.No.13513/2018. It is also submitted that the entire writ petition is filed on the strength of the order passed Karnataka State Commission for Scheduled Castes and Scheduled Tribes in Dispute No.299/2015 and that having been set aside, the writ petition has to be dismissed.
4. Perusal of the papers produced show that the entire writ petition is filed on the strength of the order passed in Dispute No.299/2015 by the Karnataka State Commission for Scheduled Castes and Scheduled Tribes. The same having been set aside by this Court in W.P.No.13513/2015, the writ petition does not survive for consideration and the same is hereby dismissed.
SD/- (M.I.ARUN) JUDGE
PGG List No.: 1 Sl No.: 19