Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:32271 WP No. 20702 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.20702 OF 2024 (KLR-RES) BETWEEN:
SRI. NAGARAJ S/O LATE SIDDARAMAPPA AGED ABOUT 46 YEARS RA/T ASANDI VILLAGE CHOWLAHIRIYUR HOBLI KADUR, CHIKMAGALUR-577598. …PETITIONER (BY SRI. SANGAMESHA B., ADVOCATE) AND:
1.
THE SPECIAL DEPUTY COMMISSIONER TARIKERE SUB DIVISION TARIKERE-577228.
2.
ASSISTANT COMMISSIONER TARIKERE AJJAMPURA TALUK CHIKMAGALUR DISTRICT-577228.
3. TAHSILDAR AJJAMPURA TALUK-577547.
4.
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO THE REVENUE DEPARTMENT
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:32271 WP No. 20702 of 2024
M S BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560001.
5.
SMT. PREMA W/O PANDURANGA AGED ABOUT 53 YEARS R/AT NAGAPPA COLONY TARIKERE TOWN TARIKERE-577228.
6.
SRI. JAYAKEERTHI S/O LATE HANUMANNA AGED ABOUT 51 YEARS R/AT NAGAPPA COLONY TARIKERE TOWN TARIKERE-577228.
7. CHANDRAMMA D/O RANGAPPA AGED ABOUT 63 YEARS R/AT DEVARAHALLI VILLAGE BIRUR HBLI KADUR TALUK-577116.
8. SUNANDA D/O RANGAPPA AGED ABOUT 61 YEARS R/AT ASANDI VILLAGE CHOWLAHIRIYUR HOBLI KADUR-577180.
9.
SMT. VISHALAMMA W/O MANJUNATHA S/O RAMANNA
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HC-KAR NC: 2026:KHC:32271 WP No. 20702 of 2024
AGED ABOUT 56 YEARS R/AT 3RD CROSS NAGAPPA COLONY TARIKERE TOWN TARIKERE-577228.
10. NETHRAMMA D/O RAMANNA AGED ABOUT 53 YEARS R/AT 3RD CROSS NAGAPPA COLONY TARIKERE TOWN TARIKERE-577228.
11. CHANDRAMMA WO RAMANNA AGED ABOUT 51 YEARS R/AT 3RD CROSS NAGAPPA COLONY TARIKERE TOWN TARIKERE-577228.
12. SRI. DHANANJAYA S/O LATE RANGAPPA AGED ABOUT 49 YEARS R/AT 3RD CROSS NAGAPPA COLONY TARIKERE TOWN TARIKERE-577228. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R4;
SRI. A.G. BALLOLI, ADVOCATE FOR R7 AND R8)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
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HC-KAR NC: 2026:KHC:32271 WP No. 20702 of 2024
DATED 26.06.2024 PASSED BY THE SPECIAL DEPUTY COMMISSIONER, CHIKMAGALUR DISTRICT IN PROCEEDINGS NO. RP(Spl.DC)12/2023 VIDE ANNEXURE-A WHEREUNDER THE
ORDER OF THE ASSISTANT COMMISSIONER TARIKERE SUB- DIVISION TARIKERE DATED 23.11.2023 IN PROCEEDINGS NO.R.A:274/2021-22 VIDE ANNEXURE-B.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. In this Writ Petition, petitioner is assailing the order dated 26.06.2024 in case No. RP(Spl.DC)12/2023 (Annexure-A), passed by respondent No.1, and the order dated 23.11.2023 in case No.R.A:274/2021-22 (Annexure-B), passed by respondent No.2.
2. Sri. Sangamesha B., learned counsel appearing for the petitioner, submitted that, Siddaramappa, father of the petitioner herein has purchased the land bearing Sy.No.11/3 to an extent of 2 acres 26 guntas situate at Karehalli village, Ajjampura Taluk and after the demise of Siddaramappa, the
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HC-KAR NC: 2026:KHC:32271 WP No. 20702 of 2024
petitioner has approached the revenue authorities to change mutation entries. It is argued by the learned counsel appearing for the petitioner that, there is compromise decree passed in O.S.No.52/2021 on the file of Senior Civil Judge and Prl. JMFC Court, Tarikere, as per Annexure-F to the Writ Petition and accordingly, it is submitted by the learned counsel appearing for the petitioner that, as there is a registered Sale Deed and the compromise decree in respect of the subject land between the parties as per Annexure-F, accordingly, relief be granted to the petitioner.
3. Per contra, Sri. A.G. Ballolli, learned counsel for respondent Nos.7 and 8 submitted that, though the compromise decree in O.S.No.52/2021 as per Annexure-F is between the parties who are related with the interests of the petitioner, however all the children of late Hanumanna were not arrayed as parties in the said suit. That apart, learned counsel for respondent Nos.7 and 8 by referring to suit in O.S.No.165/2022 on the file of Civil Judge and Addl. JMFC, Tarikere, wherein the suit seeking relief of declaration has been filed, accordingly, sought for dismissal of the Writ Petition.
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HC-KAR NC: 2026:KHC:32271 WP No. 20702 of 2024
4. Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondent Nos.1 to 4, sought to justify the impugned orders.
5. In the light of the submissions made by the learned counsel appearing for the parties, and on careful consideration of the writ papers would indicate that father of the petitioner - Siddaramappa had purchased the land in question as per the registered Sale Deed dated 27.12.1965 (Annexure-D). It is also forthcoming from the
Judgment and Decree in O.S.No.52/2021 on the file of Senior Civil Judge and Prl. JMFC (Annexure-F), wherein the parties have entered into a compromise and a Decree has been made accordingly by the competent Civil Court in respect of portion of the property is concerned. In that view of the matter, I am of the view that, revenue authorities i.e., respondent Nos.1 to 3 have committed an error in not entering the name of the petitioner in the mutation records in so far as land bearing Sy.No.11/3 to an extent of 2 acres 26 guntas situate at Karehalli village, Ajjampura Taluk is concerned. Accordingly, I find force in the
submissions made by the learned counsel appearing for the petitioner.
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HC-KAR NC: 2026:KHC:32271 WP No. 20702 of 2024
6. In the result, I pass the following:
ORDER
(i) Writ Petition is allowed.
(ii) The
order dated 26.06.2024 in case No. RP(Spl.DC)12/2023 (Annexure-A), passed by respondent No.1, and the order dated 23.11.2023 in case No.R.A:274/2021-22 (Annexure-B), passed by respondent No.2 are hereby set aside, and respondent No.3 is directed to enter the name of the petitioner in the mutation register based on the registered Sale Deed dated 27.12.1965 produced as per Annexure-D by the petitioner herein, within four weeks from the date of receipt of certified copy of this order.
(iii) It is made clear that, in the event, if respondent Nos.7 and 8 succeed in the O.S.No.165/2022 on the file of Civil Judge and Addl. JMFC, Tarikere, thereafter, they may approach the revenue authorities for change of entry in the mutation register. SD/-
(E.S.INDIRESH) JUDGE
sac List No.: 1 Sl No.: 5