- 1 - HC-KAR NC: 2026:KHC:31670 WP NO.16710 OF 2009 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.16710 OF 2009 (KLR-REG) BETWEEN: 1. MUNIYAPPA SINCE DECEASED, REP. BY LRS. SMT. CHINNAMMA W/O LATE MUNIYAPPA, AGED ABOUT 60 YEARS. 2. P.M. VENKATESH S/O LATE MUNIYAPPA, AGED ABOUT 39 YEARS. PETITIONERS 1 AND 2 ARE R/AT PAREHOSAHALLI VILLAGE, HOLUR HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563 101. 3. SMT. YALAMMA W/O SRI. MUNIKRISHNAPPA, D/O LATE MUNIYAPPA, AGED ABOUT 36 YEARS, R/AT KURANAHOSAHALLI VILLAGE, HULADENAHALLI POST, MALUR TALUK, KOLAR DISTRICT - 563 130. 4. P.M. NAGESH S/O LATE MUNIYAPPA AGED ABOUT 34 YEARS, R/AT PAREHOSAHALLI VILLAGE, HOLUR HOBLI, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31670 WP NO.16710 OF 2009 KOLAR TALUK, KOLAR DISTRICT - 563 101. …PETITIONERS (BY SRI. PRUTHVEEN PRALHAD KATTIMANI, ADVOCATE FOR SRI. GIRIDHAR H., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR. 2. SMT. LAKSHMAMMA W/O LATE RAMAKRSIHNAPPA, AGED ABOUT 48 YEARS. 3. SRI. SHIVA KUMAR S/O LATE RAMAKRISHNAPPA, AGED ABOUT 28 YEARS. 4. SRI. R. MUNEGOWDA S/O LATE RAMAKRISHNAPPA, AGED ABOUT 25 YEARS. 5. KUM. SUJATHA D/O LATE RAMA KRISHNAPPA, R/AT BESTANAHALLI VILLAGE , HOLUR HOBLI, KOLAR TALUK AND DISTRICT. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1; R2 TO R5 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.1 IN R.A.NO.61/2007-08 DATED 03RD DECEMBER, 2008 VIDE ANNEXURE-A; AND ETC. - 3 - HC-KAR NC: 2026:KHC:31670 WP NO.16710 OF 2009 THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, the petitioners are challenging the order dated 03rd December, 2008 (Annexure-A) passed by the respondent No.1 in Case No.RA.61/2007-08, wherein the order dated 17th July, 2003 (Annexure-E) passed by the Assistant Commissioner, Kolar Sub-Division in Case No.LND.RUO. 55/1998-99 and Saguvali Chit dated 08th May, 1998 issued in favour of the petitioner were set-aside. 2. Heard Sri. Pruthveen Pralhad Kattimani, learned counsel on behalf of Sri. Giridhar H., appearing for the petitioners and Smt. B.P. Radha, learned Additional Government Advocate appearing for the respondent No.1. 3. Though the respondents 2 to 5 were given opportunity to appear in the case, they remained absent. 4. Having heard the learned counsel appearing for the parties and on perusal of the averments made in the writ petition, it is forthcoming that, husband of the respondent No.2 - 4 - HC-KAR NC: 2026:KHC:31670 WP NO.16710 OF 2009 and father of respondents 3 to 5 viz., B.M. Ramakrishnappa had challenged the grant of subject land made in favour of the Muniyappa in Case No.R.A.61/2007-08. The respondent No.1- Deputy Commissioner, based on the judgment and decree passed in Original Suit No.349/1998, had arrived at a conclusion that the husband of petitioner No.1 viz., Muniyappa is not in possession of the subject land and accordingly, interfered with the grant order made in favour of the petitioners. However, on perusal of the writ papers and arguments advanced by learned counsel appearing petitioners, it is forthcoming that the legal representatives of Ramakrishnappa have preferred Regular Second Appeal No.477 of 2008 before this Court and this Court, by judgment and decree dated 11th July, 2025, allowed the appeal in-part and as such, remitted the matter to the First Appellate Court for reconsideration. It is forthcoming from the Memo filed by learned counsel appearing for the petitioners that, subsequent to the remand made by this Court, Regular Appeal No.196 of 2004 preferred by legal representatives of the said Ramakrishnappa came to be dismissed, by judgment and decree dated 21st April, 2026 before the First Appellate Court. - 5 - HC-KAR NC: 2026:KHC:31670 WP NO.16710 OF 2009 Therefore, I find force in the submission made by learned counsel appearing for petitioners that the respondent No.1 has committed an error in interfering with the grant made in favour of Muniyappa. Accordingly, I pass the following: O R D E R (i) Writ Petition allowed; (ii) Order dated 03rd December, 2008 (Annexure- A) passed by the respondent No.1-Deputy Commissioner in Case No.RA.61/2007-08 is hereby set-aside; (iii) The concerned revenue authorities are directed to enter the name of the petitioners in the revenue records in respect of the subject land. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 80