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2026 DAILYLAW 2056 (KAR)

SMT REGINA v. THE STATE OF KARNATAKA

WP/8599/2026 · 2026-03-27

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17470 WP No. 8599 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 8599 OF 2026 (KLR-RES) BETWEEN: 1. SMT. REGINA W/O LATE ANDREAS @ ANDREW, AGED ABOUT 66 YEARS. 2. SRI. ANTHONY SUDARSHANA KUMAR A S/O LATE ANDREAS @ ANDREW, AGED ABOUT 37 YEARS. 3. SMT. DIVYA BALASUMAN A D/O LATE ANDREAS @ ANDREW, W/O BALARAJ V, AGED ABOUT 40 YEARS. 4. SMT. SOWMYA A D/O LATE ANDREAS @ ANDREW, W/O SUNIL ANAND RAJ K, AGED ABOUT 36 YEARS, PETITIONERS 1-4 ARE RESIDING AT NO.32, 2ND STAGE, OPP. SHIRKE BUS STAND, GANDHI NAGARA, GOLLAHALLI, KENGERI, BENGALURU-560 060. 5. SRI. SANDEEP KUMAR S/O LATE CHOWRAPPA, AGED ABOUT 19 YEARS. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17470 WP No. 8599 of 2026 6. SRI. DILEEP KUMAR S/O LATE CHOWRAPPA, AGED ABOUT 29 YEARS. 7. SRI. ALEX JOSEPH S/O LATE CHOWRAPPA, AGED ABOUT 26 YEARS. 8. SRI. ANAND S/O LATE MARIYAPPA, AGED ABOUT 29 YEARS. 9. SRI. ANIL S/O LATE MARIYAPPA, AGED ABOUT 25 YEARS. 10. SMT. AROGYA MARY I W/O LATE ANTHONY RAJU, AGED ABOUT 34 YEARS. 11. KUM. SHIRIN MARIA A D/O LATE ANTHONY RAJU, AGED ABOUT 6 YEARS. (REP. BY MOTHER/GUARDIAN PETITIONER NO. 10) 12. SRI. BALARAJU S/O LATE JOSEPH, AGED ABOUT 28 YEARS. 13. SRI. PUTTAMARI S/O LATE JOSEPH, AGED ABOUT 59 YEARS. 14. SMT. AGNESE W/O LATE PHILOMIN RAJ, AGED ABOUT 62 YEARS. 15. SRI. MARIYA PRADEEP S/O LATE PHILOMIN RAJ, AGED ABOUT 41 YEARS. - 3 - HC-KAR NC: 2026:KHC:17470 WP No. 8599 of 2026 16. SRI. PETER S/O LATE PHILOMIN RAJ, AGED ABOUT 39 YEARS. 17. SRI. AROGYAPPA S/O LATE JOSEPH, AGED ABOUT 51 YEARS. 18. SMT. ANNE NIRMALA J W/O LATE J. ANTHONAPPA, AGED ABOUT 58 YEARS. 19. SMT. NAVYA VASANTH D/O LATE J. ANTHONAPPA, AGED ABOUT 34 YEARS. 20. SRI. CHARLES NEGIL A S/O LATE J. ANTHONAPPA, AGED ABOUT 26 YEARS. 21. SRI. J. SHANTHAPPA S/O LATE JOSEPH, AGED ABOUT 46 YEARS. PETITIONERS 5-21 ARE RESIDING AT SOMANAHALLI VILLAGE, UTTARAHALLI HOBLI, KANAKAPURA MAIN ROAD, BENGALURU-560 082. …PETITIONERS (BY SRI. SHARATH S GOWDA, ADVOCATE FOR SRI. GANESHA P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY ITS CHIEF SECRETARY - 4 - HC-KAR NC: 2026:KHC:17470 WP No. 8599 of 2026 VIDHANA SOUDHA, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, KANDAYA BHAVAN, K.G. ROAD, BENGALURU 560 009. 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION, KANDAYA BHAVAN, K.G. ROAD, BENGALURU - 560 009. 4. THE SPECIAL TAHSILDAR BENGALURU SOUTH TALUK, KANDAYA BHAVAN, K.G. ROAD, BENGALURU 560 009. …RESPONDENTS (BY SMT. B. P. RADHA., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, DIRECTING THE RESPONDENT NO.3 AND 4 TO FORTHWITH CONSIDER THE REPRESENTATION OF THE PETITIONERS DATED 24.09.2025 (ANNEXURE-G) AND RESTORE THE KHATHA AND REVENUE ENTRIES IN THE NAME OF THE PETITIONERS IN RESPECT OF THE SCHEDULE PROPERTY, IN STRICT COMPLIANCE WITH THE JUDGMENT AND DECREE DATED 18.08.2025 PASSED IN O.S. NO.286/2004 BY THE VII ADDITIONAL SENIOR CIVIL JUDGE, BENGALURU RURAL DISTRICT (ANNEXURE-A) BY DELETING THE NAME OF MRS. MARY JOSEPH THARAYAL AND SRI. MOHAMMED ILLIYAS. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:17470 WP No. 8599 of 2026 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. 2. It is the contention of the petitioners that, pursuant to the judgment and decree passed in O.S.No.286/2004 dated 18.08.2025, the petitioners have been declared as the owners of 5 acres and 5 guntas in Survey No.70/1 of Thatteguppe Village, Uttarahalli Hobli, Bengluru South Taluk and it is decreed that the rectification deed dated 31.12.1981 and sale deed dated 18.01.1982 are not binding on the plaintiffs. In that view of the matter, the petitioners have given a representation to the respondent No.3 – Assistant Commissioner, Bengaluru South Taluk, to delete the names of Smt.Mary Joseph Tharayal and Muhammed Ilyas, S/o Mohammed Iliyas, from the RTC and continue the name of Sri Chinnappa, S/o Marippa to the entire extent of 5 acres and 5 guntas. However, the Assistant Commissioner has - 6 - HC-KAR NC: 2026:KHC:17470 WP No. 8599 of 2026 forwarded the same to the respondent No.4 - Special Tahasildar, Bengaluru South Taluk, for further action. Learned counsel for the petitioner submits that necessary directions may be issued to respondents No.3 and 4 to proceed to enter the name of Sri Chinnappa, S/o Mariyappa in the RTC, to the entire extent of 5 acres and 5 guntas, while removing the names of Smt.Mary Joseph Tharayal and Muhammed Ilyas, S/o Mohammed Iliyas in terms of the judgment and decree passed by the trial court. 3. The writ petition is accordingly disposed of with a direction to the respondent No.4 - Special Tahsildar, Bengaluru South Taluk to consider the representation given by the petitioners which has been forwarded to the Tahsildar by the Assistant Commissioner and pass necessary orders to ensure that the revenue entries are corrected in terms of the judgment and decree passed by the trial court, as expeditiously as possible and at any rate - 7 - HC-KAR NC: 2026:KHC:17470 WP No. 8599 of 2026 within a period of two months from the date of receipt of a copy of this order. 4. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE KLY List No.: 1 Sl No.: 34