- 1 - HC-KAR NC: 2026:KHC:26071 WP No. 15836 of 2026 C/W WP No. 15850 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 15836 OF 2026 (KLR-RES) C/W WRIT PETITION NO. 15850 OF 2026 (KLR-RES) IN WP No. 15836/2026 BETWEEN: 1. SRI. HARISH BALU REDDY S/O LATE N.G. BALU REDDY, AGED ABOUT 33 YEARS 2. SMT. HARSHITHA B. D/O LATE N.G. BALU REDDY AGED ABOUT 38 YEARS BOTH R/AT NO.333/333, ARSHIVAD NILAYA, 24TH CROSS, DODDANEKUNDI, BENGALURU - 560 037. …PETITIONERS (BY SRI. DHYAN CHINNAPPA, SR. ADVOCATE FOR MS. HITTINHALLI VARSHA DILIP, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR - 563 103. 2. THE ASSISTANT COMMISSIONER Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26071 WP No. 15836 of 2026 C/W WP No. 15850 of 2026 KOLAR SUB-DIVISION, KOLAR - 563 103. 3. THE TAHSILDAR KOLAR TALUK - 563 103. 4. SMT SUNDARAMMA M.N. W/O LATE NARAYANAPRASAD R/AT NO.26/1, SHANTI NILAYA, P.G. HALLI, BENGALURU NORTH - 560 003. 5. SRI. B.M. VENKATARAMANAPPA W/O LATE CHIKKAMUNIVENKATAPPA, RESIDING AT BELAGANAHALLI VILLAGE, HUTHUR HOBLI, KOLAR - 563 103. 6. MUNIYAPPA S/O CHIKKAVENKATAPPA HUTTUR HOBLI, KOLAR TALUK - 563 103. RESPONDENT NOS.5 AND 6 ARE DELETED AS PER COURT ORDER DATED 02.06.2026. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1 TO R3; SRI. MANJUNATH K.V, ADVOCATE FOR C/R4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE WRIT OF CERTIORARI SETTING ASIDE THE ORDER DATED 17.04.2026 PASSED BY THE RESPONDENT NO.1 IN RAP NO. 252/2025 (ANNEXURE)-A AND ETC., IN WP NO. 15850/2026 BETWEEN: 1. SRI. HARISH BALU REDDY S/O LATE N.G. BALU REDDY - 3 - HC-KAR NC: 2026:KHC:26071 WP No. 15836 of 2026 C/W WP No. 15850 of 2026 AGED ABOUT 34 YEARS, 2. SMT. HARSHITHA B D/O LATE N.G. BALU REDDY AGED ABOUT 38 YEARS, BOTH R/AT NO.333/333 ARSHIVAD NILAYA 24TH CROSS, DODDANEKUNDI BENGALURU - 560 037. ...PETITIONERS (BY SRI. DHYAN CHINNAPPA, SR. ADVOCATE FOR MS. HITTINHALLI VARSHA DILIP, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOALR - 563 103. 2. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION KOLAR - 563 103. 3. THE TAHSILDAR KOALR TALUK - 563 103. 4. SMT. SUNDARAMMA M.N. W/O LATE NARAYANAPRASAD R/AT NO.26/1, SHANTI NILAYA P.G. HALLI, BENGALURU NORTH - 560 003. 5. SMT. SHANTHAMMA W/O LATE CHIKKA PAPANNA - 4 - HC-KAR NC: 2026:KHC:26071 WP No. 15836 of 2026 C/W WP No. 15850 of 2026 6. SMT. MAMATHA B.C W/O V. PRAKASH BOTH RESPONDENT NO. 5 AND 6 RESIDING AT BELAGANAHALLI VILLAGE HUTHUR HOBLI, KOALR TALUK - 563 103. RESPONDENT NOS.5 AND 6 ARE DELETED AS PER COURT ORDER DATED 02.06.2026. ...RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1 TO R3; SRI. MANJUNATH K.V, ADVOCATE FOR C/R4) THIS WP IS FILED UNDER ARTICLES 226AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) SETTING ASIDE THE ORDER DATED 17/04/2026 PASSED BY THE R1 IN RAP NO. 253/2025 ANNX-A AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned HCGP accepts notice for respondent Nos.1 to 3. Learned counsel Sri. Manjunath K.V, is appearing on behalf of respondent No.4. 2. In these writ petitions, the petitioners have challenged the order dated 17.04.2026 in RAP.Nos.252/2025 and 253/2025 passed by the Deputy Commissioner, Kolar District. - 5 - HC-KAR NC: 2026:KHC:26071 WP No. 15836 of 2026 C/W WP No. 15850 of 2026 3. Heard learned Senior Counsel Sri. Dhyan Chinnappa on behalf of learned counsel Sri. Hittinhalli Varsha Dilip, appearing for the petitioners, learned HCGP Sri. Spoorthy Hegde. N, appearing for respondent Nos.1 to 3 and learned counsel Sri.Manjunath K.V, appearing for respondent No.4. 4. It is argued by the learned Senior counsel representing the petitioners by referring to the observation made by respondent No.1, wherein while remanding the matter, respondent No.2 has interfered with the impugned order therein, as to the change of the khata is concerned and therefore, submitted that the impugned orders suffers from infirmity. 5. Per contra, learned counsel Sri. Manjunath K.V, learned counsel appearing for respondent No.4 submitted by referring to the order passed by respondent No.2, wherein change of khata in respect of the subject land has been considered and further argued that a suit in OS.No.458/2021 is pending consideration before the competent Civil Court at Kolar and therefore, sought for dismissal of the petitions. - 6 - HC-KAR NC: 2026:KHC:26071 WP No. 15836 of 2026 C/W WP No. 15850 of 2026 6. Learned HCGP also sought to justify the impugned orders at Annexure-A. 7. In the light of the submission made by the learned counsel appearing for the parties, the petitioners are claiming right over the property in question based on the registered sale deed. It is also to be noted that respondent Nos.4 to 6 are also claiming right over the property and the determination of title in respect of the subject land, is pending consideration before the III Additional Senior Civil Judge and Kolar, in OS.No.458/2021. 8. In that view of the matter, taking into consideration the observation made by respondent No.1 in the impugned order at Annexure-A, it would indicate that respondent No.1 has allowed the revision petition filed by the contesting respondents herein in-part, and remanded the matter to respondent No.2 for fresh consideration. The observation made by respondent No.1 is contrary to law as respondent No.1 while remanding the matter to respondent No.2 ought to have remanded the matter in entirety and there shall not be any - 7 - HC-KAR NC: 2026:KHC:26071 WP No. 15836 of 2026 C/W WP No. 15850 of 2026 interference with regard to the earlier order passed by respondent No.2 on merits. 9. In that view of the matter, I find considerable force in the submission made by the learned Senior counsel appearing for the petitioners, while remanding the matter to respondent No.2 by respondent No.1, there should be an open remand in entirety to consider the matter afresh by respondent No.2. 10. In that view of the matter, I pass the following: ORDER i) The order dated 17.04.2026 passed by respondent No.1 in RAP.Nos.252/2025 and 253/2025 (Annexure-A) are hereby set aside. ii) The matter is remanded to respondent No.2 to consider the case of the parties afresh and pass appropriate orders in accordance with law. SD/- (E.S.INDIRESH) JUDGE PNV - List No.: 1 Sl No.: 43