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2026 DAILYLAW 20503 (KAR)

BASAVARAJU v. THE PRINCIPAL SECRETARY

WP/890/2025 · 2026-06-03

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:26126 WP NO.34910 OF 2025 C/W WP NO.890 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.34910 OF 2025 (KLR-RES) C/W WRIT PETITION NO.890 OF 2025 IN WP NO.34910/2025 BETWEEN: 1. SRI. BASAVARAJU S/O LATE SOLLEMALIYANNA @ MALIYANNA AGED ABOUT 55 YEARS, OCC.: AGRICULTURIST, R/AT CHOWDESHWARI COLONY, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT - 577 157. 2. SMT. MANJAMMA D/O LATE SOLLEMALIYANNA @ MALIYANNA AGED ABOUT 61 YEARS, OCC.: AGRICULTURIST AND HOUSE OLD WORK, R/AT GOLLARAHALLI VILLAGE, AJJAMPURA HOBLI, AJJAMPURA TALUK, CHIKKAMAGALURU DISTRICT - 557 157. …PETITIONERS (BY SRI. HANUMANTHAPPA B. HARAVI GOWDAR, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, GOVERNMENT OF KARNATAKA, M.S. BUILDING, BENGALURU -560 001. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26126 WP NO.34910 OF 2025 C/W WP NO.890 OF 2025 2. THE DEPUTY COMMISSIONER CHIKKAMAGALUR DISTRICT, CHIKKAMAGALUR - 577 157. 3. THE ASSISTANT COMMISSIONER, TARIKERE SUB-DIVISION, TARIKERE, CHIKKAMAGALUR DISTRICT - 577 157. 4. THE THASILDAR, TARIKERE SUB-DIVISION, TARIKERE, CHIKKAMAGALUR DISTRICT - 577 157. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OF ENDORSEMENT DATED 18TH OCTOBER, 2025 ISSUED BY THE RESPONDENT NO.4 VIDE ANNEXURE-Q; AND ETC. IN WP NO. 890/2025 BETWEEN: 1. BASAVARAJU S/O LATE SOLLEMALIYANNA @ MALIYANNA, AGE ABOUT 55 YEARS, OCC.: AGRICULTURIST, R/AT CHOWDESHWARI COLONY, THARIKERE TOWN, CHIKKAMAGALURU DISTRICT - 577 157. 2. SMT. MANJAMMA D/O LATE SOLLEMALIYANNA @ MALIYANNA, AGE ABOUT 50 YEARS, OCCUPATION : AGRICULTURIST AND HOUSEHOLD, R/O K. GOLLARAHALLI VILLAGE, AJJAMPURA HOBLI, - 3 - HC-KAR NC: 2026:KHC:26126 WP NO.34910 OF 2025 C/W WP NO.890 OF 2025 AJJAMPURA TALUK, CHIKKAMAGALURU DISTRICT - 577 157. ...PETITIONERS (BY SRI. HANUMANTHAPPA B. HARAVIGOWDAR, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KARNATAKA, M.S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, CHIKKAMAGALUR DISTRICT, CHIKKAMAGALUR - 577 157. 3. THE ASSISTANT COMMISSIONER THARIKERE SUB-DIVISION, THARIKERE, CHIKKAMAGALUR DISTRICT - 577 157. 4. TAHASILDAR, THARIKERE TALUK, CHIKKAMAGALUR DISTRICT - 577 157. 5. RAMAPPA S/O LATE SANNAMALIYAPPA, AGED ABOUT 58 YEARS. 6. SHEKARAPPA S/O LATE SANNAMALIYAPPA, AGED ABOUT 56 YEARS. 7. RAJAPPA S/O LATE SANNAMALIYAPPA, AGED ABOUT 54 YEARS. 8. SMT. CHANDRAMMA W/O LATE ANANDAPPA, AGED ABOUT 50 YEARS. - 4 - HC-KAR NC: 2026:KHC:26126 WP NO.34910 OF 2025 C/W WP NO.890 OF 2025 RESPONDENTS 5 TO 8 ARE R/AT K. GOLLARAHALLI VILLAGE, AJJAMPURA HOBLI, AJJAMPURA TALUK, CHIKKAMAGALURU DISTRICT - 577 157. ...RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R4; SRI. M.R. HIREMATHAD, ADVOCATE FOR R5 TO R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 09TH JANUARY, 2025 PASSED BY THE RESPONDENT NO.3 IN CASE NO.R.A.:569/2024-25 VIDE ANNEXURE-W, DIRECT THE RESPONDENT NO.1 TO CONDUCT AN INDEPENDENT ENQUIRY AGAINST THE RESPONDENT NO.3; AND ETC. THESE PETITIONS 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 In Writ Petition No.34910 of 2025, petitioners are challenging the endorsement dated 18th October, 2025 Annexure-Q) issued by the respondent No.4; inter alia sought for a direction to the respondent No.4 to enter the name of the petitioner No.1 in revenue records in respect of land bearing Survey No.57/3 measuring 5 acre 33 guntas situate at Shivapura Village, Amruthapura Hobli, Tarikere Taluk. - 5 - HC-KAR NC: 2026:KHC:26126 WP NO.34910 OF 2025 C/W WP NO.890 OF 2025 2. In Writ Petition No.890 of 2025, petitioners are challenging the order dated 09th January, 2025 (Annexure-W) passed by the respondent No.3 in Case No.R.A.569/2024-25; inter alia sought for a direction to the respondent No.1 to conduct an independent enquiry against the respondent No.3. 3. Heard Sri. Hanumanthappa B. Haravigowdar, learned counsel appearing for petitioners; Sri. Spoorthy Hegde N., learned counsel appearing for respondents 1 to 4; Sri. M.R. Hiremathad, learned counsel appearing for respondents 5 to 8 in Writ Petition No.890 of 2025. 4. Having heard the learned counsel appearing for the parties, it is not in dispute that the respondents 5 to 8 in Writ Petition No.890 of 2025 have preferred Original Suit No.226 of 2023 before the competent Civil Court seeking declaration with consequential relief of permanent injunction in respect of the subject land. On perusal of the RTC extracts for the year 2024- 25, it is forthcoming that the subject land stands in the name of the petitioners herein. In that view of the matter, taking into consideration the fact that the respondent No.2-Deputy Commissioner in Case No.RP/17/2024 permitted the - 6 - HC-KAR NC: 2026:KHC:26126 WP NO.34910 OF 2025 C/W WP NO.890 OF 2025 respondents 5 to 8 in Writ Petition No.890 of 2025 to withdraw the Revision Petition since, the Writ Petition No.890 of 2025 is pending consideration before this Court, I am of the view that, matter be remitted back to the respondent No.2-Deputy Commissioner to decide the matter on merits. Accordingly, the matter is remitted back to the respondent No.2-Deputy Commissioner to reconsider the Case No.RP/17/2024 on merits and by considering the suit pending between the parties referred to above and take decision afresh after affording an opportunity of hearing to the all the parties in accordance with law. Since, the parties are represented though their respective counsels, parties are directed to appear before the respondent No.2 on 06th July, 2026 at 03.00 p.m. With this observation writ petitions stand disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 66