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2026 DAILYLAW 20368 (KAR)

SRI. VENKATESH MURTHY. S v. THE DEPUTY COMMISSIONER,

WP/11412/2026 · 2026-06-08

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:27118 WP No. 11412 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 11412 OF 2026 (KLR-RES) BETWEEN: 1. SRI. VENKATESH MURTHY. S S/O LATE SRIRAMAIAH AGED ABOUT 30 YEARS R/AT BYRAPURA VILLAGE HESARUGATTA HOBLI YELAHANAKA TALUK BANGALORE-560088. 2. SRI.MURALI S/O LATE SRIRAMAIAH AGED ABOUT 32 YEARS R/AT BYRAPURA VILLAGE HESARUGATTA HOBLI YELAHANAKA TALUK BANGALORE-560088. …PETITIONERS (BY SRI. HARI HARA PRASAD., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BANGALORE DISTRICT KANDAYA BHAVANA K.G.ROAD, BANGALORE-560009 2. THE ASSISTANT COMMISSIONER BANGALORE NOTH SUB – DIVISION KANDAYA BHAVANA, K.G.ROAD BANGALORE-560009. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27118 WP No. 11412 of 2026 3. THE TAHSHILDAR YELAHANAKA TALUK BANGALORE-560064. 4. THE REVENUE INSPECTOR HESARAGHATTA BANGALORE NORTH BANGALORE URBAN DISTRICT-560088. 5. SRI. HANUMANTHE GOWDA S/O LATE CHANNAPPA AGED ABOUT 50 YEARS R/AT BYRAPURA VILLAGE YELAHANAKA TALUK HESARUGATTA HOBLI BANGALORE-560088. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N, HCGP FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE 1ST RESPONDENT IN RESPECT OF R.P. NO.326/2025 AND SET ASIDE THE ORDER PASSED BY THE 1ST RESPONDENT IN RESPECT OF R.P.NO.326/2025, DATED 26.02.2026 VIDE ANNEXURE A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2026:KHC:27118 WP No. 11412 of 2026 ORAL ORDER 1. Learned HCGP is directed to accept notice for respondent Nos.1 to 4. 2. In this writ petition, the petitioners are assailing the order dated 26.02.2026 passed by respondent No.1 in R.P.No.326/2025 (Annexure-A), order dated 16.05.2025 passed by respondent No.2 in R.A.(YLK) No.225/2025 (Annexure-B), interalia sought for setting aside the mutation entry made vide M.R.No.T23/2024-25 dated 29.05.2025 (Annexure-E). 3. Heard the Learned counsel appearing for the petitioners and learned HCGP. 4. It is argued by the learned counsel appearing for the petitioners that the impugned orders have been passed by the respondent-authorities without issuing notice to the family members, under which the claim of the title has been made by the parties and therefore, learned counsel sought for interference of this Court. - 4 - HC-KAR NC: 2026:KHC:27118 WP No. 11412 of 2026 5. Per contra, learned HCGP justifies the impugned orders on the ground that the title of the parties has to be determined before the Civil Court and therefore, the impugned orders have been rightly passed by the respondent-authorities relegating the parties to approach the Civil Court. 6. In the light of the submissions made by the learned counsel appearing for the parties and on careful consideration of the impugned order at Annexure-A would indicate that the respondent No.3 therein and respondent No.5 herein has entered appearance before the respondent No.1. 7. After taking into consideration the relevant documents produced, the respondent No.1 has arrived at a conclusion that the rival private parties are claiming right based upon the common prepositor. However, different genealogical trees have been filed by the petitioners as well as the contesting respondents before respondent No.1. - 5 - HC-KAR NC: 2026:KHC:27118 WP No. 11412 of 2026 8. In that view of the matter, since the issue relating to the title has to be determined in the proceedings, I am of the view that no interference is called for in this petition. However, it is open for the petitioners to approach the competent civil court to establish their right over the property in a manner known to law. 9. With this observation, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE DM LIST NO.: 1 SL NO.: 27