- 1 - HC-KAR NC: 2026:KHC:25809 WP No. 6987 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 6987 OF 2022 (KVOA) BETWEEN: 1. SHANTHA MURTHY AGED ABOUT 40 YEARS, S/O LATE SRI MASTHANAPPA, 2. SMT ANJINAMMA AGED ABOUT 47 YEARS, D/O LATE SRI MASTHANAPPA, 3. SMT MANJAMMA AGED ABOUT 42 YEARS, D/O LATE SRI MASTHANAPPA, 4. SMT GANGA YELLAMMA AGED ABOUT 53 YEARS, D/O LATE SRI MASTHANAPPA, 5. SRI GANGA BYLAPPA AGED ABOUT 58 YEARS, S/O LATE SRI HANUMANTHAPPA, 6. SMT ANASUYA DEVI AGED ABOUT 28 YEARS, D/O LATE SRI BYLANJINI, 7. MR ASHOK KUMAR ROY S/O LATE SRI. BYLANJINI, AGED ABOUT 32 YEARS, Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25809 WP No. 6987 of 2022 8. SRI ANJINAPPA AGED ABOUT 66 YEARS, S/O LATE SRI HANUMANTHAPPA, 9. MR BYLANJINAPPA S/O LATE HANUMANTHAPPA, AGED ABOUT 49 YEARS, 10. MR CHIKKA BYLAPPA AGED ABOUT 45 YEARS, S/O LATE SRI BYLAPPA, 11. MR SUBBRAYAPA AGED ABOUT 43 YEARS, S/O LATE BYLAPPA, R/AT NO.840, 1ST MAIN, 3RD CROSS, NEAR KATERAMA TEMPLE, DODDA BOMMASANDRA, VIDYARANYAPURA POST, BANGALORE 097 REP. BY THEIR REGD. POA HOLDER SRI VENKATESULU.V (REGD.DOC.NO.53/2015-16 DATED.15.05.2015). …PETITIONERS (BY SMT. PRAMILA NESARGI SENIOR COUNSEL FOR SRI. HEMANTH KUMAR D.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPT. OF REVENUE, M.S.BUILDNG, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER KHADAYA BAHVAN, K.G.ROAD, BANGALORE-560 009. - 3 - HC-KAR NC: 2026:KHC:25809 WP No. 6987 of 2022 3. THE ASST. COMMISSIONER BANGALORE NORTH SUB-DIVISION, KHADAYA BAHVAN, K.G.ROAD, BANGALORE-560 009. 4. THE TAHSILDAR YELAHANKA MINI VIDHANA SOUDHA YELAHANKA TALUK, BANGALORE-560 064. 5. THE SPECIAL TAHSILDAR MINI VIDHANA SOUDHA, YELAHANKA TALUK, BANGALORE-560 064. 6. THE REVENUE INSPECTOR RAMACHANDRAPURA CIRCLE YELAHANKA TALUK, BANGALORE-560 064. 7. THE VILLAGE ACCOUNTANT DODDA BOMMASANDRA VILLAGE, YELAHANKA TALUK, BANGALORE-560 097. 8. SRI S MANJUNATH AGED ABOUT 60 YEARS, S/O LATE SMT. MUNIYAMMA AND LATE SRI SUBBANNA, R/AT NO.1, 1ST CROSS, BEHIND ST. PHILOMENA SCHOOL, SUBBANNA LAYOUT, DODDABOMMASANDRA, VIDYARANYAPURA POST, BENGALURU-560 097. 9. SRI S SRIVATHSA AGEG AJOR, S/O LATE SRI. P SRIDHAR KUMAR AND GRAND SON OF LATE SRI N PUTAIAH, R/AT NO.495, SHILPA, 9TH CROSS, - 4 - HC-KAR NC: 2026:KHC:25809 WP No. 6987 of 2022 RMV EXTENSION, BENGALURU-560 080. 10. MRS CHAITHANYA AGE MAJOR, D/O LATE SRI P SRIDHAR KUMAR AND GRAND DAUGHTER OF LATE SRI.N.PUTTAIAH, R/AT NO.495, SHILPA, 9TH CROSS, RMV EXTENSION, BENGALURU-560 080. …RESPONDENTS (BY SRI. BHOJEGOWDA T. KOLLER, AGA FOR R1 TO R7; R8 AND R10, SERVED BUT UNREPRESENTED; V/O DATED 10.07.2023 SERVICE OF NOTICE TO R9 IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE 4- R TAHSILDAR TO INITIATE FURTHER REVENUE PROCEEDINGS OF THE APPLICATION FILED BY THE PETITIONERS WHICH IS NUMBERED AS H.O.A.(N) CR. 10/2014-15 AND THE SAME HAS BEEN PENDING BEFORE THE SAID TAHASILDAR SINCE, 7 YEARS AND PASS FINAL ORDERS THEREIN AS EXPEDITIOUSLY WITHOUT ANY FURTHER DELAY (HOA AND NOTICES POSTAL ACKNOWLEGMENT MARKED AS ANNEXURE-G-G1, G-2. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL - 5 - HC-KAR NC: 2026:KHC:25809 WP No. 6987 of 2022 ORAL ORDER Petitioners are before this Court seeking following reliefs; "1. Issue a Writ, Order or Direction in the nature of Mandamus directing the 4th respondent -Tahsildar to initiate further revenue proceedings of the application filed by the petitioners which is numbered as H.O.A.(N) CR. 10 of 2014-15 and the same has been pending before the said Tahsildar since, 7 years and pass final Orders therein as expeditiously without any further delay: (HOA & Notices, postal Acknowledgment marked as Annex-G G-1-G-2. 2. Directs the 4th Respondent-Tahsildar, to consider the petitioner's representation dtd. 25.05.2019 (Marked as Annex.J) in regard to the land alienated prior to 01.02.1963 if such alienation are null and void under the Mysore Village Office Act, 1908 then consider the prayer for re-grant by the holders U/s 7 (3) of KVOA Act 1961 (Vide. Syed Basheer Ahamed & Ors V/s State of Karnataka & Others. (ILR 1994 KAR 159) and pass appropriate orders, on merits and in accordance with law. 3. Declare that "the two Sale Deeds dtd.19.10.1959; dtd.26.10.1962" executed by the vendors then are hit by the provisions of the Mysore Village Office Act, 1908 and in case of Alienations prior to 01.02.1963, the said two sale deeds are null and void Under the Mysore Village Offices Act 1908 then and the KVOA Act 1961 and the said two sale deeds (marked as Annex.D,D-1) are not binding on the petitioners as per the Judgement law delivered by the Division Bench in Lakshmana Gowda Vs. State of Karnataka & ors; 1981(1) Kar. L.J.1 (DB) Similarly, in the decision reported in: ILR 1994 KAR 159: Syed Basheer Ahamed & Ors V/s State of Karnataka & Others. 4. Declare the stray entry made in 1971-72 to 1981-82, 1986-87 to 1996-97 RTC (manual) & RTC (Computerized) for the year 2021-22 (Annex. F, F-1 to F-5) as incorporated the name of Late. Sri. puttaiah in Col. No.9 and Col. No.12, without mutation record-entries in Col. No. 10 and the certification as required U/s 129 (4) ог (6) of the KLR Act, in respect of the Sy.No.1/3 of Dodda bommasandra to the extent of 19 Guntas, as void ab-initio; and For any entry to be made in the record of rights, it's base shall be the 'certification' ordered in the mutation register of the concerned village and in the absence of any such - 6 - HC-KAR NC: 2026:KHC:25809 WP No. 6987 of 2022 certification as required U/s 129(4) or (6) of the Act, any entry found to have been made in the record of rights is of no legal consequence and such entry/entries shall meet the fate of cancellation. 5. issue a writ of Mandamus directing the Respondent- authorities to effect, the pavathi katha (as per the Barwardar-Inam Registry; RR; I.L.R; patta pass book-1937- 38 and the Mysore settlement record 1966) in the name of petitioners-legal heirs of Late. Masthani-Barwardar, to the extent of: 19 Guntas in Sy. No. 1/3 of Dodda bommasandra Village which is granted as talwarthi inam land Under Mysore Village Offices Act, 1908, then. (Copy of Endorsement and the Copies of Patta- Pass Book and the Mysore settlement record 1966 marked as Annex. C, C-1.C-2 & E) 6. Directs the 4th Respondent-tahsildar to produce the "Original copies of revenue proceedings" as initiated and the entire written Order sheets maintained by the predecessor- tahsildars-Balappa Hundigunda and Shivappa H. Lambani; B.R.Manjunath in H.O.A.10/2014-15 (Application under RTI marked as Annex K, K-1) and to Call for the "Original file"-numbered as HOA. 10/2014-15. 7. Issue such other Writ, Order or Direction as deemed fit in the circumstances of the case, in the interest of justice & equity." 2. Smt. Pramila Nesargi, learned Senior counsel appearing for the petitioners drawing attention of this Court to Annexure-H which is a copy of purported order obtained under the provisions of Right to information Act, 2005 submits that though the respondent No.4-Tahsildar had prepared and finalized the draft, the same has not been signed till date, constraining the petitioners to approach this Court seeking direction as enumerated in the prayer column. - 7 - HC-KAR NC: 2026:KHC:25809 WP No. 6987 of 2022 3. Annexure-H appears to be a draft of the order prepared by the respondent No.4-Tahsildar and that it does not bear either his signature or the date. The said draft order therefore would be of no consequences. 4. Learned Senior counsel further submits that petitioners would restrict their prayer only to the extent of direction to the respondent No.4-Tahsildar to pass orders on the application filed by the petitioners and would not press for other relief as sought for. 5. In the circumstances, petition is partly allowed. Since the matter is pending for over 11 years, this Court deems it appropriate to remit the matter back to the respondent No.4- Tahsildar to re-hear the parties and pass order on merits of the case within an outer limit of 6 months from the date of receipt of certified copy of this order. Sd/- (M.G.S. KAMAL) JUDGE RU, List No.: 1 Sl No.: 32