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2026 DAILYLAW 31353 (KAR)

SMT SUNANDAMANI v. STATE OF KARNATAKA

WP/11055/2021 · 2026-07-21

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010215362021 NC: 2026:KHC:37650 WP No. 11055 of 2021 C/W WP No. 9742 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 11055 OF 2021 (KLR-RES) C/W WRIT PETITION NO. 9742 OF 2021 (KLR-RES) IN WP No. 11055/2021 BETWEEN: 1. SMT SUNANDAMANI AGED ABOUT 80 YEARS, W/O LATE B S RAMACHANDRARAJE URS BYADARAHALLI HEBBALU VILLAGE, K R NAGARA TALUK MYSUR DISTRICT-571602 2. SMT RADHA AGED ABOUT 55 YEARS, D/O LATE B S RAMACHANDRARAJE URS BYADARAHALLI HEBBALU VILLAGE, K R NAGARA TALUK MYSUR DISTRICT-571602 3. SMT RAMAA AGED ABOUT 53 YEARS, D/O LATE B S RAMACHANDRARAJE URS BYADARAHALLI HEBBALU VILLAGE, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010215362021 NC: 2026:KHC:37650 WP No. 11055 of 2021 C/W WP No. 9742 of 2021 K R NAGARA TALUK MYSUR DISTRICT-571602 4. SMT RAJANI AGED ABOUT 51 YEARS, D/O LATE B S RAMACHANDRARAJE URS W/O SRI KEERTERAJE URS BYADARAHALLI HEBBALU VILLAGE, K R NAGARA TALUK MYSUR DISTRICT-571602 …PETITIONERS (BY SRI. Y K NARAYANA SHARMA., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA BANGALORE-560001 2. DEPUTY COMMISSIONER MYSURU DISTRICT DISTRICT OFFICE MYSURU-570001 3. ASSISTANT COMMISSIONER HUNASURU SUB DIVISION HUNASURU MYSURU DISTRICT-571105 4. TAHSILDAR K R NAGAR SUB DIVISION K R NAGAR-571502 5. REVENUE INSPECTOR K R NAGAR TALUK K R NAGAR-571502 - 3 - HC-KAR CNR: KAHC010215362021 NC: 2026:KHC:37650 WP No. 11055 of 2021 C/W WP No. 9742 of 2021 6. SRI K NINNEGOWDA PRESIDENT KARNATAKA RAJYA KRISHI AND KRISHIYETARA VEDIKE GONDANAHALLI VILLAGE, K R NAGAR TALUK-571602 7. SRI CHANDRASHEKAR SECRETARY KARNATAKA RAJYA KRISHI AND KRISHIYETARA VEDIKE GONDANAHALLI VILLAGE K R NAGAR ATLAUK- 571602 8. SRI CHANDRA RAO MAJOR (AGE NOT KNOWN TO THE PETITIONER) S/O SRI CHANDOJI RAO RESIDING AT ANEKAL KOPPALUK VILLAGE BYADARAHALLI POST, HEBBALU HOBLI K R NAGARA TALUK-571602 9. SMT B V CHANDRAKALA MAJOR (AGE NOT KNOWN TO THE PETITIONER) D/O SRI B N BHADRAPPA CHAMUNDESHWARI TEMPLE BAZZAR ROAD K R NAGARA TOWN-571602 …RESPONDENTS (BY SRI.S.C.VIJAYA KUMAR FOR C/R6 AND R7; SMT. B.P. RADHA, AGA FOR R1 TO R5 VIDE ORDER DATED 25.06.2021, NOTICE TO R8 & R9 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA FILED PRAYING TO SET - 4 - HC-KAR CNR: KAHC010215362021 NC: 2026:KHC:37650 WP No. 11055 of 2021 C/W WP No. 9742 of 2021 ASIDE THE ORDER DTD.23.3.2021 PASSED BY THE DEPUTY COMMISSIONER MYSURU IN R.P.NO.05/2018 AS PER ANNEXURE-L AND THE ORDER DTD.9.10.2017 PASSED BY THE ASSISTANT COMMISSIONER HUNASURU IN R.A.NO.79/2015- 16 AS PER ANNEXURE-K IN WP NO. 9742/2021 BETWEEN: 1. SRI CHANDRA RAO SON OF BHANDOJI RAOD AGED ABOUT 58 YEARS RESIDING AT AREKAL KOPPALU VILLAGE BYADARAHALLI POST HEBBALU HOBLI K R NAGARA TALUK-578 203 MYSURU DISTRICT 2. SMT B V CHANDRAKALA WIFE OF B S BHADRAPPA AGED ABOUT 49 YEARS RESIDING AT CHAMUNDESHWARI TEXTILE BAZAR ROAD, K R NAGARA TOWN-578 203 MYSURU DISTRICT ...PETITIONERS (BY SRI. FAYAZ SAB B G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M S BUILDING BENGALURU-560 001. - 5 - HC-KAR CNR: KAHC010215362021 NC: 2026:KHC:37650 WP No. 11055 of 2021 C/W WP No. 9742 of 2021 2. THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU-578 101. 3. THE ASSISTANT COMMISSIONER HUNASURU SUB DIVISION HUNASURU, MYSURU DISTRICT-578 201 4. THE TAHASILDAR K R NAGARA TALUK K R NAGARA, MYSURU DISTRICT-578 202 5. THE REVENUE INSPECTOR HEBBALU HOBLI K R NAGARA TALUK K R NAGARA, MYSURU DISTRICT-578 202 6. SRI NINGEGOWDA PRESIDENT KARNATAKA STATE AGRICULTURAL AND NON- AGRICULTURAL WELFARE SOCIETY GANDHANAHALLI VILLAGE K R NAGARA TALUK MYSURU DISTRICT-578 202 7. SRI CHANDRASHEKHAR PRINCIPAL SECRETARY KARNATAKA STATE AGRICULTURAL AND NON- AGRICULTURAL WELFARE SOCIETY GANDHANAHALLI VILLAGE K R NAGARA TALUK MYSURU DISTRICT-578 202 - 6 - HC-KAR CNR: KAHC010215362021 NC: 2026:KHC:37650 WP No. 11055 of 2021 C/W WP No. 9742 of 2021 8. SMT SUNANDAMANI WIFE OF LATE B S RAMACHANDRA RAJE ARAS AGED ABOUT 56 YEARS RESIDING AT BYADARAHALLI VILLAGE HEBBALU HOBLI K R NAGARA TALUK-578 203 MYSURU DISTRICT. 9. SMT RADHA D/O LATE B S RAMACHANDRA RAJE URS AGED ABOUT 35 YEARS RESIDING AT BYADARAHALLI VILLAGE HEBBALU HOBLI K R NAGARA TALUK-578 203 MYSURU DISTRICT 10. SMT RAMA D/O LATE B S RAMACHANDRA RAJE URS AGED ABOUT 32 YEARS RESIDING AT BYADARAHALLI VILLAGE HEBBALU HOBLI K R NAGARA TALUK-578 203 MYSURU DISTRICT 11. SMT RAJANI D/O LATE B S RAMACHANDRA RAJE ARAS AGED ABOUT 30 YEARS RESIDING AT BYADARAHALLI VILLAGE HEBBALU HOBLI K R NAGARA TALUK-578 203 MYSURU DISTRICT ...RESPONDENTS (BY SRI.SPOORTHY HEGDE N, HCGP FOR R1 TO R5; SRI. S.C.VIJAY KUMAR., ADVOCATE FOR R6 TO R7; SRI. Y.K. NARAYANA SHARMA, ADV., FOR R8 TO R11) - 7 - HC-KAR CNR: KAHC010215362021 NC: 2026:KHC:37650 WP No. 11055 of 2021 C/W WP No. 9742 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO-CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONERS, QUASH AN IMPUGNED ORDER DATED 09.10.2017 PASSED IN R.A.NO.79/2015-16, PASSED BY THE R3 AND ANOTHER IMPUGNED ORDER DATED 23.03.2021 PASSED BY THE R2 IN REVENUE REVISION PETITION IN R.P.NO.05/2018 WHICH ARE PRODUCED AND MARKED AS ANNEXURES-K AND M AS ILLEGAL, ARBITRARY, CAPRICIOUS, MALAFIDE, WITHOUT APPLICATION OF MIND AND OPPOSED TO THE PRINCIPLES OF NATURAL JUSTICE.DIRECT THE RESPONDENTS TO RESTORE / CONTINUE THE NAMES OF THE PETITIONERS IN MUTATION REGISTER BEARING M.R.NO.24/1995-96 AND M.R.NO.02/1999-2000 IN RESPECT OF SCHEDULE A AND B PROPERTY. THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY HEARING 'B' GROUP, 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, the petitioners have assailed the order dated 23.03.2021 passed by the respondent No.2 in R. P. No.5/2018 (Annexure-L) and order dated 09.10.2017 in R.A. No.79/2015-16 (Annexure-K) by respondent No.3. - 8 - HC-KAR CNR: KAHC010215362021 NC: 2026:KHC:37650 WP No. 11055 of 2021 C/W WP No. 9742 of 2021 3. It is contended by the learned counsel appearing for the petitioners that the petitioners have purchased the land bearing Sy.No.65/1 at Adaganahalli Village, Hebbalu Hobli, K.R.Nagara Taluk, Mysuru, and that the revenue entries stand in the name of the petitioners and therefore the finding recorded by both the respondent-authorities is incorrect and as such sought for interference of this Court. In this regard, he referred to the RTC extracts at Annexure-D and submitted that the land in question is not a tank area and therefore sought for interference by this Court. 4. Per contra, learned AGA sought to justify the impugned orders and submitted that in respect of the land bearing Survey No.65/1 of Adaganahalli village, Hebbalu Hobli, K.R.Nagara Taluk, Mysuru, is a government tank and therefore, the finding recorded by both the authorities requires to be confirmed. 5. In the light of the submission made by the learned counsel appearing for the parties and on careful consideration of the material on record would indicate that, the land in - 9 - HC-KAR CNR: KAHC010215362021 NC: 2026:KHC:37650 WP No. 11055 of 2021 C/W WP No. 9742 of 2021 question bearing Survey No.65/1 of Adaganahalli village, Hebbalu Hobli, K.R.Nagara Taluk, Mysuru, to an extent of 11.09 acres is a government land as per the Survey Report, Village Map, Kethwari Register and Akarband records. It is also to be noted from the registered sale deed dated 25.09.1930 (Annexure A1), the property purchased by the petitioners is land bearing survey No.65/1 and not survey No.65/2. 6. In that view of the matter, which clearly establishes that Survey No.65/2 is a Government tank and therefore the findings recorded by the respondent-authorities do not suffer from any illegality or infirmity warranting interference under Article 226 of the Constitution of India. Accordingly, the findings of the respondent-authorities are confirmed, and I find no merit in the writ petition. Accordingly, the writ petition is dismissed. However, it is made clear that it is open to the petitioners to establish their title, if any, over the property before the competent Civil Court in manner known to law. 7. In view of the dismissal of WP No.11055/2021, the WP.No.9742/2021, is hereby dismissed as the land in question - 10 - HC-KAR CNR: KAHC010215362021 NC: 2026:KHC:37650 WP No. 11055 of 2021 C/W WP No. 9742 of 2021 as per the revenue records is a government tank and therefore the prayer made in the petition does not call for consideration. SD/- (E.S.INDIRESH) JUDGE AG List No.: 1 Sl No.: 3