Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:26939 WP No. 30056 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.30056 OF 2024 (KLR-RES) BETWEEN:
1. SRI.MANJUNATHA S/O. UMASHANKAR AGED ABOUT 43 YEARS, R/O. MARIYAPPANAPALYA OORUKERE, KASABA NORTH HOBLI TUMAKURU TALUK AND DISTRICT-572106.
…PETITIONER (BY SRI. V.B. SIDDARAMAIAH, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING, DR.AMBEDKAR VEEDI, BENGALURU 560001
2.
DEPUTY COMMISSIONER TUMAKURU DISTRICT MINI VIDHANA SOUDHA DR.
AMBEDKAR ROAD, TUMAKURU-572 101
3.
THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION MINI VIDHANA SOUDHA DR. AMBEDKAR ROAD, TUMAKURU-572 101.
4.
THE TAHSILDAR TUMAKURU TALUK MINI VIDHANA SOUDHA DR.
AMBEDKAR ROAD, TUMAKURU-572 101.
5.
SMT. JAGADAMBA W/O. BASAVARAJAPPA AGED ABOUT 61 YEARS R/AT.
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:26939 WP No. 30056 of 2024
OORUKERE AT POST KASABA NORTH HOBLI TUMAKURU TALUK AND DISTRICT-572106.
6.
SRI. MARIYAPPA S/O. SIDDALILNGAPPA AGED ABOUT 76 YEARS R/AT.
OORUKERE AT POST KASABA NORTH HOBLI TUMAKURU TALUK AND DISTRICT-572106.
7.
SMT. T. S. GANGA W/O. LATE. MAHALINGAIAH AGED ABOUT 46 YEARSR/AT. OORUKERE AT POST KASABA NORTH HOBLI TUMAKURU TALUK AND DISTRICT-572106.
…RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R4;
SRI. H.V. SHYAMGOWDA, ADVOCATE FOR R5 & R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 16.10.2024, PASSED BY THE RESPONDENT NO.2, THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, MINI VIDHANA SOUDHA, DR. B.R. AMBEDKAR ROAD, TUMAKURU, PASSED IN CASE NO.RP-220/2022, VIDE ANNEXURE-O, THEREBY ALLOW THE REVISION PETITION FILED BY THE PETITIONER IN RP NO.220/2022, VIDE ANNEXURE-M.
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
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HC-KAR NC: 2026:KHC:26939 WP No. 30056 of 2024
ORAL ORDER Heard Sri. V. B. Siddaramaiah, learned counsel appearing for the petitioner and Sri. Spoorthy Hegde. N., learned High Court Government Pleader.
2. In this writ petition, the petitioner has assailed the order dated 16.10.2024 passed by respondent No. 2-Deputy Commissioner, in Revision Petition No. 220/2022, produced at Annexure-O.
3. Sri V.B. Siddaramaiah, learned counsel appearing for the petitioner, contended that respondent No.2 has passed the impugned order without proper application of mind. It is submitted that, having recorded a finding that the order impugned therein, passed by respondent No.3, was not in accordance with law, he further argued that, the respondent No.2 nevertheless proceeded to dismiss
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HC-KAR NC: 2026:KHC:26939 WP No. 30056 of 2024
the revision petition and confirm the said order. Accordingly, he sought interference by this Court.
4. Per contra, the said petition was opposed by Sri. Spoorthy Hegde. N., learned High Court Government Pleader.
5. Having considered the submissions made by the learned counsel appearing for the parties and upon careful examination of the material on record, it is noticed that in MR No.7/1977-78, khata was entered in favour of one Lingappa. Thereafter, the same came to be bifurcated and entered in favour of Umashankar in respect of land bearing Sy. No. 132/1 of Oorukere Village, Kasaba Hobli, Tumakuru Taluk and District. The said mutation entries were sought to be interfered with by the respondent-authorities after nearly twenty years. Such interference, after an inordinate delay, is impermissible in law.
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HC-KAR NC: 2026:KHC:26939 WP No. 30056 of 2024
6. In that view of the matter, having regard to the finding recorded by respondent No. 2 that the
order passed by respondent No. 3 was not in accordance with law, respondent No. 2 ought to have allowed the revision petition and set aside the order dated 26.07.2022 passed by respondent No. 3. Therefore, I find considerable force in the submission made by the learned counsel for the petitioner that the impugned order suffers from non-application of mind. Accordingly, the following:
ORDER (i) The writ petition is allowed; (ii) The order dated 16.10.2024 passed by respondent No. 2 in Revision Petition No. 220/2022, produced at Annexure-O, is hereby quashed.
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HC-KAR NC: 2026:KHC:26939 WP No. 30056 of 2024
(ii) Consequently, the mutation entries as they stood prior to the order passed by respondent No. 3 shall continue to remain in force, subject to the result of any civil proceedings that may be instituted or are pending between the parties in respect of the subject property.
SD/- (E.S.INDIRESH) JUDGE
SB List No.: 1 Sl No.: 70