- 1 - HC-KAR NC: 2026:KHC:26125 WP NO.28130 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.28130 OF 2024 (KLR-RES) BETWEEN: 1. NAGARAJU S/O LATE NARASIMHAPPA, AGED ABOUT 43 YEARS. 2. GANGADHARA S/O LATE NARASIMHAPPA, AGED ABOUT 39 YEARS. BOTH ARE R/AT GUNDAPURA VILLAGE, KASABA HOBALI, GOWRIBIDANURU TALUK, CHIKKABALLAPUR DISTRICT- 561 208. …PETITIONERS (BY SRI. SHEKARAPPA, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, CHIKKABALLAPUR, CHIKKABALLAPURA DISTRICT - 562 101. 2. THE ASSISTANT COMMISSIONER, CHIKKABALLAPUR, CHIKKABALLAPUR DISTRICT - 562 101. 3. TAHASILDAR, GOWRIBIDANURU TALUK, CHIKKABALLAPUR DISTRICT - 561 208. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26125 WP NO.28130 OF 2024 4. G. GANGAPPA S/O LATE GANGAPPA, AGED ABOUT 73 YEARS, R/AT GUNDAPURA VILLAGE, KASABA HOBALI, GOWRIBIDANURU TALUK, CHIKKABALLAPURA DISTRICT - 561 208. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R3; SRI. SANNAKI UDAY, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 15TH JULY, 2024 PASSED BY THE RESPONDENT NO.1-DEPUTY COMMISSIONER, CHIKKABALLAPUR IN CASE NO.R.A./4/2023-24 VIDE ANNEXURE-A; QUASH THE ORDER DATED 16TH MARCH, 2022 PASSED BY THE RESPONDENT NO.2-ASSISTANT COMMISSIONER, CHIKKABALLAPURA IN CASE NO. R.A.(GOW)36/2016-17 VIDE ANNEXURE-B AND CONSEQUENTLY, RESTORE THE M.R.NO.H37 DATED OF 22ND MAY, 2015 WITH RESPECT TO LAND IN SURVEY NO.154 (OLD SY.NO.77) MEASURING 1-26 GUNTAS AND KARAB 0-02 GUNTAS SITUATE AT GUNDAPURA VILLAGE, KASABA HOBLI, GOWRIBIDANUR TALUK VIDE ANNEXURE-D WITH SUITABLE DIRECTIONS TO INSERT THEIR NAME IN THE CONCERNED REVENUE RECORDS PERTAINING TO SAID LAND; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, the petitioner is challenging the order dated 15th July, 2024 (Annexure-A) passed by the respondent No.1 in Case No.R.A./04/2023-24 and order dated 16th March, - 3 - HC-KAR NC: 2026:KHC:26125 WP NO.28130 OF 2024 2022 (Annexure-B) passed by the respondent No.2 in Case No.R.A.(Gow)36/16-17. 2. Heard Sri. Shekarappa, learned counsel appearing for the petitioner and Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents 1 to 3; and Sri. Sannaki Uday, learned counsel appearing for the respondent No.4. 3. Sri. Shekarappa, learned counsel appearing for the petitioner submits that the petitioners are the owners in possession of the land bearing Survey No.77 (New Sy.No.154) measuring 1 acre 26 guntas and 2 guntas of Kharab land situate at Gundapura Village, Kasaba Hobli, Gowribidanur Taluk. It is contended by learned counsel appearing for the petitioners that the aforementioned land was granted to one Narasimha S/o Kalappa as per Grant order bearing No.GDR.114/1948-49 (Annexure-C). Learned counsel argued that, both the respondents 1 and 2 without considering the factual aspects on record, have allowed the petition of the respondent No.4 and rejected the claim made by the petitioners herein on the ground that the subject land, which is mutated, is - 4 - HC-KAR NC: 2026:KHC:26125 WP NO.28130 OF 2024 the Survey No.77/7 and not Survey No.77 of Gundapura Village, Gowribidanur Taluk. Accordingly, he sought for interference of this Court. 4. Per contra, Sri. Sannaki Uday, learned counsel appearing for the respondent No.4 refers to the registered Sale Deed dated 21st March, 1972 (Annexure-H) and contended that, the father of petitioners sold the land to an extent of 1 acre 20 guntas in Survey No.77/7 of Gundapura Village and the respondent No.4 acquired the same by way of execution of aforesaid Sale Deed. Accordingly, he sought for dismissal of the petition. 5. Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents 1 to 3 sought to justify the impugned orders passed by the respondent 1 and 2. 6. In the light of submission made by learned counsel appearing for the parties, it is not in dispute that the respondent No.4 purchased the land belonging to one Narasimha as per registered Sale Deed dated 21st March, 1972 (Annexure-H). On careful perusal of the said Sale Deed, it is forthcoming that the land to an extent of 1 acre 20 guntas has - 5 - HC-KAR NC: 2026:KHC:26125 WP NO.28130 OF 2024 been sold by Narasimhappa S/o Kalappa in favour of Gangappa S/o Gangappa and the land shown in the aforementioned registered Sale Deed is Survey No.77/7. It is the case of the petitioners that the petitioners have acquired the property bearing Survey No.77 (New Sy.No.154) measuring 1 acre 26 guntas including the Kharab land situate at Gundapura Village, Gowribidanur Taluk. Taking into consideration finding recorded by both the respondents 1 and 2 that the petitioners are claiming the right over the property in respect of land bearing Survey No.77 and not the Survey No.77/7 of Gundapura Village, I am of the view that, both the respondents 1 and 2 have committed an error in rejecting the claim of the petitioners herein. Hence, I pass the following: O R D E R (i) Writ Petition allowed; (ii) Order dated 15th July, 2024 (Annexure-A) passed by the respondent No.1 in Case No.R.A.04/2023-24 and Order dated 16th March, 2022 (Annexure-B) passed by the respondent No.2 in Case No.R.A.(Gow)36/2016-17 are hereby set- aside; - 6 - HC-KAR NC: 2026:KHC:26125 WP NO.28130 OF 2024 (iii) The respondent No.3 is directed to enter the name of petitioners in the revenue records in respect of land bearing Survey No.77 (New Sy.No.154) measuring to an extent of 1 acre 26 guntas situate at Gundapura Taluk, Kasaba Hobli, Gowribidanuru Taluk forthwith. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 63