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2026 DAILYLAW 21937 (KAR)

Y M NINGEGOWDA v. MARILINGAIAH

WP/12921/2017 · 2026-06-12

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28597 WP No. 12921 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 12921 OF 2017 (KLR-RES) BETWEEN: 1. Y M NINGEGOWDA S/O MARILINGAIAH, AGED ABOUT 38 YEARS, R/AT YELCHENAHALLI VILLAGE, KOTTATTI HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 402 2. Y M NAGAMANI W/O KALLEGOWDA, AGED ABOUT 35 YEARS, NERALAKERE VILLAGE, AREKERE HOBLI, SRIRANGAPATTANA TALUK, MANDYA DISTRICT - 571 401 3. Y M SHOBA W/O RAJU, AGED ABOUT 35 YEARS, R/AT KILARA VILLAGE, KEREGODU HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 403 …PETITIONERS (BY SRI. LAKSHMIKANTH K., ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28597 WP No. 12921 of 2017 AND: 1. MARILINGAIAH S/O LATE NINGEGOWDA, AGED ABOUT 73 YEARS, R/AT YELACHENAHALLI VILLAGE, KOTTATTI HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 402 2. THE REVENUE INSPECTOR KOTTATTI HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401 3. THE THASILDAR KOTTATTI HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 401 4. THE ASSISTANT COMMISSIONER MANDYA SUB-DIVISION, MANDYA DISTRICT - 571 401 5. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA PIN - 571 401 …RESPONDENTS (BY SRI. B.P. RADHA, AGA FOR R2 TO R4 SRI. UDAYSHANKAR R.M., ADVOCATE FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE R-4 ASSISTANT COMMISSIONER, - 3 - HC-KAR NC: 2026:KHC:28597 WP No. 12921 of 2017 MANDYA IN R.MIS.NO.203/2007-08 DATED 16.08.2011 AT ANNX-F AND CONFIRMED IN RP NO.101/2014 BY THE LEARNED R-5 AUTHORITY BY DISMISSING THE PETITIONER BY ITS ORDER DATED 28/11/2016 AT ANNX-G AND ETC. 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 Learned Additional Government Advocate accepts notice for the respondents. 2. In this writ petition, petitioner is assailing the orders dated 16.08.2011 and 28.11.2016 (Annexures-F and G) respectively, passed by the respondent No.4, Assistant Commissioner and respondent N0.5, Deputy Commissioner respectively. 3. Having taken note of the submissions made by the learned counsel appearing for the parties, originally, the land was belonging to the mother of the respondent No.1 - Smt. Siddamma. The petitioners herein are the children of the first wife of respondent No.1. It is also - 4 - HC-KAR NC: 2026:KHC:28597 WP No. 12921 of 2017 forthcoming from the findings recorded by both the authorities, that the mutation has been changed in MR No.76/2000-01 based on the partition deed. 4. Thereafter, the land in question was reverted back to respondent No.1 and pursuant to the same, the katha has been made by thbe respondent - authorities in MR No.56/1997-98 in terms of the katha made in MR No.76/2000-01. 5. In that view of the matter, since the parties are claiming civil rights in respect of the land in question, it is open for the petitioners to establish their rights over the property in question in a manner known to law. Ordered accordingly and petition stands dismissed. SD/- (E.S.INDIRESH) JUDGE BSV List No.: 1 Sl No.: 51