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2026 DAILYLAW 20360 (KAR)

SMT. MANGALAMMA v. THE PRINCIPAL SECRETARY

WP/15122/2026 · 2026-06-04

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:26452 WP No.15122 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.15122 OF 2026 (KLR-RR/SUR) BETWEEN: 1. SMT. MANGALAMMA W/O LATE VENKATACHALAIAH, AGED ABOUT 79 YEARS, R/AT KYATHASANDRA VILLAGE, URDIGERE HOBLI, TUMKUR TALUK, TUMKUR DISTRICT, KARNATAKA-572 104. 2. SRI. V. CHANDRAPPA, W/O LATE VENKATAPPA @ VENKATACHALAIAH, AGED ABOUT 59 YEARS, R/AT KYATHASANDRA VILLAGE, URDIGERE HOBLI, TUMKUR TALUK, TUMKUR DISTRICT, KARNATAKA 572104. 3. SMT. RATHNAMMA D/O LATE VENKATACHALAIAH, AGED ABOUT 57 YEARS, R/AT KYATHASANDRA VILLAGE, URDIGERE HOBLI, TUMKUR TALUK AND TUMKUR DISTRICT, KARNATAKA - 572104. …PETITIONERS (BY SRI. K.R. NAGARAJA, ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26452 WP No.15122 of 2026 AND: 1. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, SECRETARIAT, ROOM NO.627, 6TH FLOOR, 1ST GATE, M.S. BUILDING, BENGALURU, KARNATAKA - 560 001. 2. THE TAHSILDAR, TUMAKURU TALUK AND DISTRICT, TUMAKURU, KARNATAKA - 572101. 3. GOVINDARAJU S/O LATE HANUMAIAH AGED ABOUT 71 YEARS, R/AT KYATHASANDRA VILLAGE, URDIGERE HOBLI, TUMKUR TALUK AND TUMKUR DISTRICT, KARNATAKA - 572104. 4. VENKATAMMA S/O LATE THIMMAIAH AGED ABOUT 54 YEARS, R/AT KYATHASANDRA VILLAGE, URDIGERE HOBLI, TUMKUR TALUK AND TUMKUR DISTRICT, KARNATAKA-572 104. - 3 - HC-KAR NC: 2026:KHC:26452 WP No.15122 of 2026 5. HANUMANTHA RAYA S/O. THIMMAIAH, AGED ABOUT 59 YEARS, R/AT KYATHASANDRA VILLAGE, URDIGERE HOBLI, TUMKUR TALUK AND TUMKUR DISTRICT, KARNATAKA-572 104. 6. SMT. MANGAMMA, W/O HANUMANTHAIAH @ PAPAIAH, AGED ABOUT 89 YEARS, R/AT 150 FEET RING ROAD, KESARAMADU ROAD, SANJEEVINI NAGARA, KYATHASANDRA, TUMKUR, KARNATAKA-572 104. 7. LAKSHMANA S/O HANUMAIAH, AGED ABOUT 65 YEARS, R/AT 150 FEET RING ROAD, KESARAMADU ROAD, SANJEEVINI NAGARA, KYATHASANDRA, TUMKUR, KARNATAKA - 572104. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 & R2; SRI. RODDA VEERSHETTY, ADVOCATE FOR R3, R6 & R7; SRI. N. JAGADISH BALIGA, ADVOCATE FOR R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-J/ORDER/ENDORSEMENT DATED 17.04.2026 IN NO.RRT(OO)(JA) CR.329/25-26 PASSED/ ISSUED BY SECOND RESPONDENT; AND ETC. - 4 - HC-KAR NC: 2026:KHC:26452 WP No.15122 of 2026 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 1. Heard learned counsel appearing for the parties. 2. Petitioner is assailing the endorsement dated 17.04.2026 (Annexure-J) passed by respondent No.2, inter alia, sought for direction to respondent No.2 to substitute the names of the petitioners in the place of Venkatachalaiah, in respect of the subject land. 3. Heard Sri. K.R. Nagaraja, learned counsel appearing for the petitioners, Smt. B.P. Radha, learned Additional Government Advocate appearing for respondent Nos.1 and 2 and Sri. N. Jagadish Baliga, learned counsel appearing for respondent Nos.4 and 5. 4. Sri. K.R. Nagaraja, learned counsel, invited the attention of the Court to the impugned order at Annexure-J and - 5 - HC-KAR NC: 2026:KHC:26452 WP No.15122 of 2026 submitted that, the revenue entries in respect of the subject land stand in the name of late Venkatachalaiah (husband of petitioner No.1 and father of the petitioner Nos.2 and 3) and as Venkatachalaiah has died intestate and therefore, it is the duty of the respondent No.2 to continue to reflect the names of the petitioners herein in IHC certificate in respect of deceased Venkatachalaiah. In this regard, learned counsel submitted that, the suit in O.S.No.256/2017 is filed before the competent Civil Court, seeking relief of declaration in respect of the subject land and the said suit is pending consideration. 5. Per contra, Sri. N. Jagadish Baliga, learned counsel appearing for respondent Nos.4 and 5, opposed the Writ Petition on the ground that in the event if the name of the petitioners is reflected in the revenue records, the petitioners are likely to create charge in respect of the property in question and under such circumstances the respondents would be put to hardship and accordingly sought for dismissal of the Writ Petition. 6. Smt. B.P. Radha, learned Additional Government Advocate, submitted that, since the civil proceedings are - 6 - HC-KAR NC: 2026:KHC:26452 WP No.15122 of 2026 pending consideration before the competent Court, the Writ Petition is unsustainable in law. 7. In the light of the submissions made by the learned counsel appearing for the parties, on careful consideration of the writ papers would indicate that, originally the land in question was belonging to late Venkatachalaiah (husband of petitioner No.1 and father of the petitioner Nos.2 and 3). Looking into the RTC extract produced for year 2025-2026 at Annexure-E would indicate that the name of Venkatachalaiah is reflected in respect of the subject land. In that view of the matter, I am of the view that, the impugned endorsement issued by the respondent No.2 does not survive for consideration for the reason that, as the suit in O.S.No.256/2017 is pending consideration before the Civil Court, however, there is no impediment for respondent No.2 to incorporate the names of the petitioners herein as the legal representatives of deceased Venkatachalaiah as the petitioners have to succeed to the estate of the schedule property of late Venkatachalaiah. Hence, it is made clear that, the revenue entry that may be made in the records would be subject to the - 7 - HC-KAR NC: 2026:KHC:26452 WP No.15122 of 2026 result of the Judgment and Decree that may be passed by the competent Civil Court in O.S.No.256/2017. It is also made clear that till the conclusion of the proceedings in O.S.No.256/2017 before the Civil Court, petitioners shall not create any charge/encumbrance in respect of the scheduled property. 8. Accordingly, the Writ Petition is allowed and the endorsement dated 17.04.2026 (Annexure-J) passed by respondent No.2, is accordingly set aside and direction is issued to respondent No.2 to incorporate the names of the petitioners in the IHC proceedings to succeed to the estate of late Venkatachalaiah. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 71