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2026 DAILYLAW 29863 (KAR)

SRI D K DEVENDRA v. STATE OF KARNATAKA

WP/8503/2025 · 2026-07-10

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:35154 WP No. 8503 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.8503 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SRI. D.K. DEVENDRA S/O KRISHNAPPA AGED ABOUT 52 YEARS R/AT ABHAY NIVAS DEVASANDRA MAIN ROAD, DEVASANDRA, K.R.PURAM, BENGALURU- 560036, …PETITIONER (BY SRI. B.R. RAGHAVENDRA, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS SECRETARY TO THE DEPARTMENT OF REVENUE M.S. BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU-560002. 3. TAHASILDAR BENGALURU EAST TALUK K.R.PURAM BENGALURU-560036. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35154 WP No. 8503 of 2025 4. ASSISTANT COMMISSIONER BENGALURU EAST TALUK BENGALURU K.G.ROAD, KANDAYA BHAVANA BENGALURU-560002. 5. THE REGIONAL COMMISSIONER BENGALURU DIVISION REVENUE DEPARTMENT 2ND FLOOR, K.H. ROAD SHANTINAGAR BMTC BUILDING BENGALURU - 560 027. …RESPONDENTS (BY SRI. A.S. HARISHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ISSUED BY THE RESPONDENT NO.3 DATED 04.03.2025 BEARING NO.RRT/CR/479/2024-25 VIDE ANNEXURE-M AND FURTHER DIRECT THE RESPONDENTS NO.2 TO 4 TO MUTATE THE KHATA IN THE NAME OF PETITIONER IN SY.NO. 115 MEASURING 2 ACRE SITUATED AT CHANNSANDRA VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK AS PER THE SALE DEED DATED 20.09.2006 AS PER ANNX-A AND CONSEQUENTLY THE DIRECT THE RESPONDENT EFFECT THE PHOD OF THE PROPERTY PURCHASE BY HIM AS PER THE SALE DEED DATED 20.09.2006. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:35154 WP No. 8503 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this Writ Petition, petitioner is assailing the Endorsement bearing No.RRT/CR/479/2024-25 dated 04.03.2025 as per Annexure-M, inter alia sought for a direction to respondent Nos.2 to 4 to mutate the name of the petitioner in the khata in respect of the subject land and to conduct phodi in respect of the subject land as per the registered Sale Deed dated 20.09.2006 (Annexure-A). 2. Having heard the learned counsel appearing for the parties, it is forthcoming from the Writ Petition that petitioner had purchased the land bearing Sy.No.115 of Channasandra Village, Bidarahalli Hobli, Bengaluru East Taluk measuring 2 acres from one Smt.Muniyamma W/o Dhobi Balappa and her children, as per the registered Sale Deed dated 20.06.2006 (Annexure-A). It is also forthcoming that proceedings have been initiated under Sections 94 and 104 of the Karnataka Land Revenue Act, 1964 in case No.LND:(K) CR:40/2019-20 against one Smt. Rinku Deshpande and in the said case, petitioner got impleaded as respondent No.2 which came to be disposed of on - 4 - HC-KAR NC: 2026:KHC:35154 WP No. 8503 of 2025 23.11.2020 and as such, the respondent No.3 herein has issued direction to mutate the name of the petitioner in the revenue records as per Annexure-C to the Writ Petition. 3. In view of the proceedings which came to be initiated in respect of the subject land which has been concluded by respondent No.3 as per Annexure-C to the Writ Petition, I am of the view that, there would not be any impediment for the respondent - authorities to mutate the name of the petitioner in respect of the subject land. Learned counsel appearing for the petitioner has also filed a memo along with revenue records, wherein, the RTC entries for the year 1975 till 2002, stand in the name of the original grantee - Dhobi Balappa. 4. It is also not in dispute that the petitioner had purchased the land from the legal representatives of deceased Balappa. In that view of the matter, as the enquiry initiated against the subject land has reached finality as per Annexure-C to the Writ Petition, and therefore, I am of the view that, the impugned endorsement issued by the very same authority at Annexure-M dated 04.03.2025 is without any basis and contrary to law. On careful consideration of the reasons assigned in the impugned - 5 - HC-KAR NC: 2026:KHC:35154 WP No. 8503 of 2025 order at Annexure-M would make it clear that the revenue authorities are interfering with the grant made in favour of the original grantee - Dhobi Balappa on 23.01.1976 which is almost five decades now. In that view of the matter, it is well settled principle in law that any action to be taken by the respondent - authorities has to be made within a reasonable period. Accordingly, following the declaration of law made by the Hon'ble Supreme Court in the case of JT. COLLECTOR, RANGA REDDY DISTRICT AND ANOTHER Vs. D. NARSING RAO AND OTHERS reported in (2015) 3 SCC 695, reported in (2015) 3 SCC 695, wherein it is stated that the respondent - authorities have no authority under law to invoke the power with unexplained inordinate delay of 50 years. In the present case also, Grant is made in the year 1976 and the respondent - authorities have belatedly woken up to take action against the petitioner which per se is illegal and contrary to law and in that view of the matter, following the declaration made by the Hon'ble Supreme Court in the case of D. NARSING RAO (supra), I am of the view that, the suo-motu proceedings said to have been initiated against the petitioner as per the impugned endorsement dated 04.03.2025 (Annexure-M) in - 6 - HC-KAR NC: 2026:KHC:35154 WP No. 8503 of 2025 respect of the land belonging to the petitioner is liable to be quashed. 5. Accordingly, I pass the following: ORDER (i) The Writ Petition is allowed. (ii) The impugned Endorsement bearing No.RRT/CR/479/2024-25 dated 04.03.2025 (Annexure-M), passed by respondent No.3 is hereby set aside. (iii) The respondent Nos.2 to 4 herein are directed to enter the name of the petitioner in the khata in respect of the subject land. The said exercise shall be completed within two months from the date of receipt of certified copy of this order. Thereafter, it is also open for the petitioner to make an appropriate application to the respondent - authorities to conduct phodi and durusti in respect of the subject land. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 55