Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:14239-DB WA No. 1367 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1367 OF 2025 (KLR-RES) BETWEEN:
1. SRI. MANOJ KUMAR. J S/O JAGADISH KUMAR AGED ABOUT 30 YEARS RESIDING AT NO.1332, 29TH MAIN J.P. NAGAR, 1ST PHASE BENGALURU-560078
2. SRI. NIKHIL V. SHANKAR S/O V. SHANKARA AGED ABOUT 35 YEARS RESIDING AT NO.331/11, 23RD CROSS, JAYANAGAR 6TH BLOCK, BENGALURU-560070 …APPELLANTS (BY SRI. S.SRIRANGA SENIOR ADVOCATE ALONG WITH SRI. MANJUNATHA HIRAL., ADVOCATE)
AND:
1. SMT. CHANDRAMMA @ CHANDRA W/O LATE SHIVASHANKAR D/O LATE CHINNAPPA AGED ABOUT 69 YEARS RESIDING AT NO.57 BESIDE LAKSHMAN KUTEER APARTMENTS, 6TH CROSS, MALLESWARAM BENGALURU-560003
Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:14239-DB WA No. 1367 of 2025
2. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S. BUILDINGS BENGALURU-560001
3. THE DEPUTY COMMISSIONER K.G. ROAD, BEHIND KANDAYA BHAVANA BENGALURU URBAN DISTRICT BENGALURU-56009
4. SPECIAL ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION KANDAYA BHAVANA, K.G. ROAD, BENGALURU-560009
5. TAHSILDAR NO.15, 4TH FLOOR ABOVE SHARAVATHI HOTEL YELAHANKA TALUK YELAHANKA, BENGALURU-560064
6. SPECIAL TAHSILDAR ARO OFFICE, YELAHANKA OLD TOWN NEAR GANGAMMA TEMPLE YELAHANKA TALUK, YELAHANKA BENGALURU-560064
7. REVENUE INSPECTOR ARO OFFICE, NEW TOWN OFFICE, NEAR RTO OFFICE, YELAHANKA TALUK JAKKUR, BENGALURU-560064
8. SRI. A.C. NAGARAJ S/OLATE CHINNAPPA AGED ABOUT 70 YEARS 4TH CROSS, MUNIGURAPPA LAYOUT RESIDING AT NO.54 SANTRUPTI NILAYA NEAR AMRUTHALLI WATER TANK
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HC-KAR NC: 2026:KHC:14239-DB WA No. 1367 of 2025
AMRUTHHALLI, JAKKUR POST, BENGALURU-560092
9. SMT. A.C. KAMALAMMA SINCE DECEASED BY HER L.R.'S SRI. GURUPRASAD S/O LATE SIDDAPPA AGED ABOUT 40 YEARS RESIDING AT NO.64, E-STREET, 2ND CROSS, G.E.F.POST HOSA GUDDADAGHALLI MYSURU ROAD, BENGALURU-560026
10. SRI. YUVAPRASAD S/O LATE SIDDAPPA AGED ABOUT 38 YEARS RESIDING AT NO.64, E-STREET, 2ND CROSS, G.E.F. POST, HOSA GUDDADAHALLI MYSURU ROAD, BENGALURU-560026
11. SMT. VEENA W/O HEMESH AGED ABOUT 50 YEARS RESIDING AT NO.64, E-STREET, 2ND CROSS, G.E.F. POST HOSA GUDDADAHALLI, MYSURU ROAD, BENGALURU-56026
12. SMT. USHA W/O CHANDRU AGED ABOUT 48 YEARS RESIDING AT NO.64, E-STREET 2ND CROSS, G.E.F. POST, HOSA GUDDADAHALLI, MYSURU ROAD, BENGALURU-560026
13. BANGALORE DEVELOPMENT AUTHORITY
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HC-KAR NC: 2026:KHC:14239-DB WA No. 1367 of 2025
BY ITS COMMISSIONER KUMARA PART WEST T. CHOWDAIAH ROAD, BANGALORE-560020 …RESPONDENTS
(BY SRI.
P D SURANA., ADVOCATE FOR R1;
SRI. M.N.SUDEV HEGDE, AGA FOR R2 TO R7;
SRI. B.CHANDRASHEKAR, ADVOCATE FOR R8;
R9 & R13 ARE SERVED AND UNREPRESENTED;
VIDE ORDER DATED:10.03.2026, NOTICE TO R10 TO R12 ID DISPENSED WITH)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED
ORDER DATED 29/07/2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.18549/2025 AND CONSEQUENTLY, ALLOW THE WP NO.18549/2025.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra Court appeal has been filed against the
judgment and order dated 29.07.2025 passed by the learned Single Judge in W.P.No.18549/2025.
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HC-KAR NC: 2026:KHC:14239-DB WA No. 1367 of 2025
2. The aforesaid writ petition came to be filed by the petitioner/respondent No.1 impugning the
order dated 15.04.2025 passed by the Deputy Commissioner in RP.No.215/2025-26 under Section 136(3) of the Karnataka Land Revenue Act, 1964 (for short, 'the Act') as well as the
order passed by the Special Assistant Commissioner under Section 136(2) of the said Act.
3. The appellants had challenged the mutation entries bearing M.R.No.H6/2020-21 dated 17.11.2021 before the Special Assistant Commissioner. The Special Assistant Commissioner passed the Order dated 06.01.2025 directing to mutate entries in the names of the respondents, who were respondent Nos.8 and 9 before the writ Court on the basis of a registered Will dated 23.02.2021. Being aggrieved by the said
order passed by the Special Assistant Commissioner, the petitioner/respondent No.1 filed revision petition under Section 136 of the said Act before the Deputy Commissioner. The Deputy Commissioner vide impugned order dated 15.04.2025 dismissed the revision petition directing the parties to get the
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HC-KAR NC: 2026:KHC:14239-DB WA No. 1367 of 2025
dispute decided at their hands in O.S.No.5065/2021 pending before the Civil Court.
4. The learned Single Judge in the impugned order has noted that the Deputy Commissioner dismissed the revision petition on the same day when it was filed. Therefore, the impugned order passed by the Deputy Commissioner is not sustainable.
5. We find no error in the decision of the learned Single Judge in quashing the impugned order passed by the Deputy Commissioner, as the said order passed was not in accordance with the law.
6. However, the learned Single Judge has set aside the order of the Special Assistant Commissioner. The order passed by the Special Assistant Commissioner was subject matter in revision petition and the order passed in the revision petition has been set aside, the matter has also been remanded back to the Deputy Commissioner for deciding afresh in accordance with law. Therefore, the order passed by the Assistant Commissioner is the subject matter of challenge before the Deputy Commissioner and to that extent the order
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HC-KAR NC: 2026:KHC:14239-DB WA No. 1367 of 2025
of the learned Single Judge is set aside. In view thereof, we dispose of this writ appeal, remanding the matter back to the file of the Deputy Commissioner for a fresh decision in accordance with law after giving an opportunity of hearing to both the parties.
7. The parties are directed to maintain status quo in respect of the property in question till the revision petition is decided by the Deputy Commissioner. All contentions are left open. SD/- (D K SINGH) JUDGE
SD/- (T.M.NADAF) JUDGE
RKA List No.: 1 Sl No.: 18