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2026 DAILYLAW 26890 (KAR)

SMT.JAYALAKSHMI v. THE DEPUTY COMMISSIONER

WP/12218/2026 · 2026-07-01

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32793 WP No. 12218 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 12218 OF 2026 (KLR-RES) BETWEEN: SMT.JAYALAKSHMI, W/O LATE NARAYANAPPA, AGED ABOUT 60 YEARS, R/AT BHEEMANAPURA VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114. …PETITIONER (BY SRI. SHARATH S GOWDA., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, DISTRICT COMPLEX, BEERASANDRA VILLAGE, KUNDANA HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT - 562 122. 2. THE ASSISTANT COMMISSIONER, BENGALURU RURAL, DODDABALLAPURA SUB- DIVISION, DODDABALLAPURA - 561 203. 3. THE TAHSILDAR, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT - 562 114. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32793 WP No. 12218 of 2026 4. SRI. SUBRAYAPPA @ SUBBAYYAPPA, S/O LATE VENKATAPPA, AGED ABOUT 78 YEARS, R/AT POOJARAMANAHALLI VILLAGE, JADIGENAHALLI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT - 562 122. 5. SRI. MUNISWAMY, S/O LATE CHANNARAYAPPA, AGED ABOUT MAJOR, 6. SRI. MANJUNATH, S/O LATE CHANNARAYAPPA, AGED ABOUT MAJOR, 7. SRI. CHANDRASHEKAR, S/O LATE SUBARAYAPPA, AGED ABOUT MAJOR, RESPONDENT NO.5 TO 7 ARE R/AT NO.32/18, 10TH CROSS, GARUDACHARAPALYA, MAHADEVAPURA POST, WHITEFEILD ROAD, BENGALURU - 560 048. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP FOR R1 TO R3; SRI.M.D.BASAVANNA, ADVOCATE FOR R4; SRI.M.T.JAGAN MOHAN, ADVOCATE FOR R7; R5 AND R6 SERVED AND UNREPRESENTED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 31.12.2025 PASSED BY THE 1ST RESPONDENT DEPUTY COMMISSIONER IN RP NO.102/2025, CONSEQUENTLY THE - 3 - HC-KAR NC: 2026:KHC:32793 WP No. 12218 of 2026 ORDER DATED 24.03.2025 PASSED BY 2ND RESPONDENT ASSISTANT COMMISSIONER IN RA NO.(HO) 603/2022 AND ORDER DATED 20.08.2022 IN RRT (DIS) 63/2022-23 PASSED BY 3RD RESPONDENT TAHSILDAR IN REFUSING TO EFFECT INHERITANCE KHATA TO THE NAME OF THE PETITIONER VIDE ANNEXURE-A, B AND C AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this Writ Petition petitioner is assailing the order dated 31.12.2025 (Annexure-A) and the order dated 24.03.2025 (Annexure –B) passed by respondent No.2, inter- alia sought for quashing the RRT proceedings dated 20.08.2022 before respondent No.3 at (Annexure -C). 3. Learned counsel Sri. Sharath S. Gowda appearing for the petitioner invited the attention of the Court to the order passed by the respondent authorities based on the suit proceedings in O.S.No.842/2023 and the same is not pertaining to the subject land belonging to the petitioner land bearing - 4 - HC-KAR NC: 2026:KHC:32793 WP No. 12218 of 2026 Sy.No.23/1 of Chinnandahalli Village, Jadigenahalli Hobli, Hosakote Taluk, Bengaluru Rural District and the claim made by the petitioner is as to the inherent certificate as the land in question is belonging to Narayanappa (husband of the petitioner). 4. The said submission was opposed by the learned counsel for the private respondents and learned Additional Government Advocate stating that subject matter is also pending consideration in O.S.No.842/2023 accordingly, sought for dismissal of the petition. 5. In the light of the submissions made by the learned counsel for the parties and on careful consideration of the material on record, particularly, with regard to the schedule mentioned in O.S.No.842/2023 on the file of the Senior Civil Judge and JMFC at Hosakote (Annexure –R) wherein, the schedule item No.1 is pertaining to the land bearing Sy.No.23/1, however, the claim is required to be looked into on the boundaries and the measurement mentioned in the sale deeds which is undoubtedly, not connected with the land belonging to the petitioner is concerned. - 5 - HC-KAR NC: 2026:KHC:32793 WP No. 12218 of 2026 6. The question before the Civil Court is as to the veracity of the sale deed dated 08.07.1980. In that view of the matter, I am of the view that the respondents authorities have committed an error in rejecting the application made by the petitioner to enter the name of the petitioner in the revenue records pursuant to the death of her husband –Narayanappa. Accordingly, I pass the following: ORDER (i) The Writ Petition is allowed. (ii) Order dated 31.12.2025 (Annexure-A) passed by respondent No.1 order dated 24.03.2025 (Annexure –B) passed by respondent No.2 and the order dated 20.08.2022 in RRT proceedings (Annexure –C) passed by respondent No.3 are hereby set aside and respondent No.3 is directed to enter the name of the petitioner in respect of the revenue records as to the fact that the husband of the petitioner died intestate. - 6 - HC-KAR NC: 2026:KHC:32793 WP No. 12218 of 2026 (iii) However, it is open for the private respondents herein to approach the revenue authorities after the conclusion of the suit in O.S.No.842/2023. SD/- (E.S.INDIRESH) JUDGE BVK List No.: 1 Sl No.: 17