- 1 - HC-KAR CNR: KAHC010250722022 NC: 2026:KHC:36014 WP NO.11268 OF 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.11268 OF 2022 (KLR-RES) BETWEEN: 1. SMT. RADHAMMA W/O LATE PUTTASWAMY, AGED ABOUT 68 YEARS, R/AT KONAGHATTA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 205. 2. SRI. RAMESH BABU P. S/O LATE PUTTASWAMY, AGED ABOUT 42 YEARS, R/AT NO.1183, 1ST FLOOR, 5TH CROSS, NEAR RAJAJINAGAR POLICE STATION, PRAKASH NAGAR, BENGALURU - 560 021. …PETITIONERS (BY SRI. VIJAYA KUMAR K., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, DISTRICT COMPLEX, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010250722022 NC: 2026:KHC:36014 WP NO.11268 OF 2022 DODDABALLAPURA, BENGALURU RURAL DISTRICT - 561 203. 3. THE TAHSILDAR DODDABALLAPURA TALUK, DODDABALLAPURA, BENGALURU RURAL DISTRICT - 561 203. 4. SMT. JAYALAKSHMAMMA W/O SRI. A. NARAYANASWAMY, AGED ABOUT 69 YEARS, NATIVE OF KONAGHATTA VILLAGE, KASABA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 205. PERMANENTLY RESIDING AT: STEGEWEG-27, 13407-BERLIN, GERMANY. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R3; SRI. H.V. SUBRAMANYA, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/SET-ASIDE THE ORDER DATED 10TH MAY, 2022 PASSED BY THE RESPONDENT NO.1 IN REVISION PETITION NO.84/2019 VIDE ANNEXURE-A; 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 In this petition, petitioners are challenging the order dated 10th May, 2022 (Annexure-A) passed by the respondent No.1 in Revision Petition No.84/2019. - 3 - HC-KAR CNR: KAHC010250722022 NC: 2026:KHC:36014 WP NO.11268 OF 2022 2. Heard Sri. Vijaya Kumar K., learned counsel appearing for petitioners; Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents 1 to 3; and Sri. H.V. Subramanya, learned counsel appearing for the respondent No.4. 3. Sri. Vijaya Kumar K., learned counsel appearing for the petitioners contended that the respondent No.2 has rightly passed the order dated 02nd January, 2019 (Annexure-L) in Case No.RA(DO):305/2018 by condoning the delay occurred in challenging the mutation entries in M.R. No.79/98-99 and M.R.No.18/2001-02 by the petitioners herein, however, the same has been erroneously interfered with by the respondent No.1 in the impugned order dated 10th May, 2022 (Annexure-A) passed in Revision Petition No.84/2019. Accordingly, he sought for interference of this Court. 4. Per contra, Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents 1 to 3 and Sri. H.V. Subramanya, learned counsel appearing for the respondent No.4 sought to justify the impugned order passed by the respondent No.1. - 4 - HC-KAR CNR: KAHC010250722022 NC: 2026:KHC:36014 WP NO.11268 OF 2022 5. In the light of submission made by learned counsel appearing for the parties, on careful consideration of the writ petition, it is forthcoming that the respondent No.4 herein is claiming right over the property in question based on the unregistered Release Deed dated 15th March, 1995 (Annexure- H). In terms of the dictum of Hon'ble Supreme Court in the case of YELLAPU UMA MAHESHWARI AND ANOTHER vs. BUDDHA JAGADEESWARARAO AND OTHERS reported in (2015) 16 SCC 787, as the respondent No.4 is claiming her right over the property in question based on the unregistered Release Deed, the same does not confer any title to the respondent No.4. Therefore, I am of the considered opinion that the respondent No.1 has committed an error in interfering with the order dated 02nd January, 2019 (Annexure-L) passed by the respondent No.2 in Case No.RA(DO):305/2018. On perusal of the writ papers, it is forthcoming that the respondent No.4 herein filed Original Suit No.262 of 2022 before the competent Civil Court seeking relief of declaration with consequential relief of permanent injunction over property in question. Therefore, I am of the view that the respondent No.4 - 5 - HC-KAR CNR: KAHC010250722022 NC: 2026:KHC:36014 WP NO.11268 OF 2022 is at liberty to establish her right over the property in question in a manner known to law. Accordingly, I pass the following: O R D E R (i) Writ Petition allowed; (ii) Order dated 10th May, 2022 (Annexure-A) passed by the respondent No.1 in Revision Petition No.84/2019 is hereby set-aside; (iii) Order dated 02nd January, 2019 (Annexure-L) passed by the respondent No.2 in Case No.RA(DO):305/2018 is hereby confirmed; consequently, Mutation in M.R. No.79/98-99 and M.R. No.18/2002 made in respect of the property in question is set-aside and M.R. No.29/91-92 (Annexure-B) stands restored to the benefit of the petitioners herein. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 2