Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010258442019 NC: 2026:KHC:38859 WP No. 38797 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 38797 OF 2019 (KLR-RR/SUR) BETWEEN:
SMT. BHARATHI K, W/O KARAGADA K.E.NARAYANASWAMY, D/O LATE BALAMMA, AGED ABOUT 54 YEARS, RESIDING AT KYALANURU VILLAGE AND POST, VEMGALL HOBLI, KOLAR TALUK AND DISTRICT - 563 101. …PETITIONER (BY SRI.PRAKASH T HEBBAR, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BANGALORE - 560 001.
2.
THE DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, D.C.OFFICE, 1ST FLOOR, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562 110.
3.
THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB DIVISION, DODDABALLAPURA TALUK OFFICE, 1ST FLOOR,
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010258442019 NC: 2026:KHC:38859 WP No. 38797 of 2019
BANGALORE RURAL DISTRICT - 561 203.
4.
THE TAHSILDAR, HOSAKOTE TALUK, HOSAKOTE TALUK OFFICE, BANGALORE RURAL DISTRICT - 562 114.
5.
THE REVENUE INSPECTOR, SULIBELE HOBLI, HOSAKOTE TALUK, HOSAKOTE TALUK OFFICE, BANGALORE RURAL DISTRICT - 562 114.
6.
THE VILLAGE ACCOUNTANT, BEGURU VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT - 562 114.
7.
D. RAMAIAH, AGED ABOUT 60 YEARS, S/O A. DYAVAPPA, RESIDING AT BEGURU VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT - 562 114. …RESPONDENTS (BY SMT.B.P.RADHA, AGA FOR R1 - R6;
SRI.K.SEENAPPA, ADVOCATE FOR R7)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 20.02.2017, PASSED IN RA (H0).248/2014-15, BY THE R-3 PRODUCED AT ANNEXURE-K AND
ORDER DATED 24.06.2019 PASSED IN REVISION PETITION NO.99/2017 BY THE R-2 PRODUCED AT ANNEXURE-L IN RESPECT OF THE SCHEDULE PROPERTY AND ETC.,
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HC-KAR
CNR: KAHC010258442019 NC: 2026:KHC:38859 WP No. 38797 of 2019
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
In this petition, petitioner is assailing the order dated 20.02.2017 in R.A.(H0)No.248/2014-15 passed by respondent No.3 (Annexure-K) and
order dated 24.06.2019 (Annexure-L) in R.P. No.99/2017 passed by the respondent No.2.
2. Sri. Prakash T Hebbar,
learned counsel appearing for the petitioner, made an allegation that the respondent No.4 herein has passed two orders, one which is in favour of the petitioner and the other one in favour of the respondent No.7 and therefore, as the matter is arising out of the same order and passed on the same day with regard to taking different stand by respondent No.4 and accordingly, sought for interference of this Court.
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HC-KAR
CNR: KAHC010258442019 NC: 2026:KHC:38859 WP No. 38797 of 2019
3. Per contra, Sri. K Seenappa, learned counsel appearing for respondent No.7 submitted that he has received the certified copy from the competent authority pursuant to the decision taken by respondent No.4 and therefore, as the certified copy has been issued and therefore the said order passed by respondent No. 4 is genuine, and not the one which is claimed by the petitioner. Therefore, sought for dismissal of the petition.
4. Learned AGA Smt. B P Radha, produced the original records.
5. Having heard the learned counsel appearing for the parties and on careful consideration of the observation made by both respondent Nos. 2 and 3 in the impugned orders as well as the perusal of the original records produced by learned AGA would indicate that there are two orders passed by the same authority, one which is allowing the petition and another dismissing the petition as to the change of entries concerned.
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HC-KAR
CNR: KAHC010258442019 NC: 2026:KHC:38859 WP No. 38797 of 2019
6. In that view of the matter, the action taken by respondent No.4 is hereby deprecated by this Court and respondent No.4 is hereby warned not to take such contra decisions insofar as the litigants are concerned. Accordingly, I pass the following:
ORDER
i) Writ petition is allowed.
ii) The impugned orders passed by the respondent Nos. 3 and 2 produced at Annexures K and L respectively, are hereby set aside.
iii) The matter is remitted to respondent No.4 to reconsider the issue afresh, after offering opportunity of hearing to the petitioner as well as respondent No.7 and thereafter take a decision in the matter in accordance with law, in the light of the observation made hereinabove.
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HC-KAR
CNR: KAHC010258442019 NC: 2026:KHC:38859 WP No. 38797 of 2019
iv) In order to expedite the matter, the petitioner and the respondent No.7 are directed to appear before the respondent No. 4 on 24.08.2026.
v) The respondent No.4 shall take a decision in the matter in accordance with law.
vi) It is also open for the parties to file any material/documents before respondent No.4 if so, advised.
Sd/- (E.S.INDIRESH) JUDGE
BSV List No.: 1 Sl No.: 44