- 1 - HC-KAR CNR: KAHC010364782025 NC: 2026:KHC:40585 WP NO.16510 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.16510 OF 2025 (KLR-RES) BETWEEN: 1. SMT. NALINA W/O LATE B.K. SATISH, AGED ABOUT 59 YEARS, R/O NANJUNDESHWARA COMPOUND, AGRAHARA, TUMAKURU DISTRICT - 572 129. 2. SRI. SRINIDHI S/O LATE B.K. SATISH, AGED ABOUT 29 YEARS, R/O NANJUNDESHWARA COMPOUND, AGRAHARA, TUMAKURU DISTRICT - 572 129. …PETITIONERS (BY SRI. ASHOK HARANAHALLI, SENIOR COUNSEL FOR SRI. NARASIMHARAJU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO THE REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK - 562 110. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010364782025 NC: 2026:KHC:40585 WP NO.16510 OF 2025 3. THE TAHSILDAR NELAMANGALA TALUK, NELAMANGALA, BENGALURU RURAL DISTRICT - 562 123. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/SET- ASIDE THE ORDER DATED 03RD APRIL, 2025 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-A AND ENDORSEMENT DATED 27TH FEBRUARY, 2025 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-B; DIRECT THE RESPONDENT NO.3 TO TRANSFER THE KATHA IN THE NAME OF THE PETITIONERS BY WAY OF INHERITANCE IN RESPECT OF THE LAND BEARING SURVEY NO.249 MEASURING 4 ACRES OF T. BEGURU VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT; AND ETC. 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, petitioners are challenging the order dated 03rd April, 2025 (Annexure-A) passed by the respondent No.2 and Endorsement dated 27th February, 2025 (Annexure-B) issued by the respondent No.3; inter alia sought for a direction to the respondent No.3 to transfer the Khata in the name of the petitioners by way of inheritance in respect of the land bearing - 3 - HC-KAR CNR: KAHC010364782025 NC: 2026:KHC:40585 WP NO.16510 OF 2025 Survey No.249 measuring 4 acres of T. Beguru Village, Kasaba Hobli, Nelamangala Taluk, Bengaluru Rural District. 2. The relevant facts for adjudication of this petition are that the petitioners herein are the legal heirs of deceased B.K. Sathyendran (original grantee of the land in question). The said B.K. Sathyendran was cultivating the land to an extent of 4 acres in Survey No.249 of T. Beguru Village, Kasaba Hobli, Nelamangala Taluk. The revenue records produced at Annexure-C reveals the name of said B.K. Sathyendran and taxes were also paid to the concerned authorities as per Annexure-D series by him. It is stated in the petition that the said B.K. Sathyendran had made an application, seeking regularisation of the land in question to the competent authority as per Annexures 'E' and 'F' series and thereby, the respondent-Authorities considered the claim made by the petitioner and granted the land in question in favour of B.K. Sathyendran as per the Grant Certificate dated 02nd January, 1989 (Annexure-L). It is also stated in the petition that the subject land has been granted to said B.K. Sathyendran by the respondent No.2 as per the Official Memorandum dated 22nd - 4 - HC-KAR CNR: KAHC010364782025 NC: 2026:KHC:40585 WP NO.16510 OF 2025 June, 1982 (Annexure-G) and 27th October, 1985 (Annexure-H) and accordingly Kimmat has been paid as per Annexure-J and Land Revenue to the Government has been paid as per Annexure-K. It is further stated in the petition that the genuineness of the grant made in favour of B.K. Sathyendran has been considered by the respondent No.3 in the letter dated 19th December, 2018 (Annexure-X1). Hence, the petitioners seeking interference of this Court to quash the impugned order and endorsement produced at Annexures 'A' and 'B' respectively. 3. Heard Sri. Ashok Haranahalli, learned Senior Counsel on behalf of Sri. Narasimharaju, appearing for petitioners and Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents. 4. Sri. Ashok Haranahalli, learned Senior Counsel appearing for petitioners, while inviting the attention of the Court to Grant Certificate dated 02nd January, 1989 (Annexure- L) as well as the Record of Rights produced at Annexure-C submits that the land in question was being cultivated by B.K Sathyendran since from the year-1968-69. Learned Senior - 5 - HC-KAR CNR: KAHC010364782025 NC: 2026:KHC:40585 WP NO.16510 OF 2025 Counsel also submits that the Official Memorandum dated 22nd June, 1982 (Annexure-G) fortifies the order of grant made in favour of B.K. Sathyendran. Accordingly, learned Senior Counsel appearing for petitioners, by referring to the recent letter dated 19th December, 2018 (Annexure-X1) addressed by the respondent No.3 to the respondent No.2 contended that the averments in the said letter makes it clear that the legal heirs of deceased B.K. Sathyendran are in possession and cultivation of the land in question. Accordingly, learned Senior Counsel submits that the respondents 2 and 3 have committed an error in interfering with the grant made in favour of B.K. Sathyendran. 5. By referring to the Endorsement dated 27th February, 2025 (Annexure-B), learned Senior Counsel appearing for petitioners contended that the sole ground for rejecting the claim of the petitioners is that, the handwriting and signature in the Saguvali Chit in not tallying with each other and therefore, the said reason cannot be a basis for arriving at a conclusion that the land in question is not granted - 6 - HC-KAR CNR: KAHC010364782025 NC: 2026:KHC:40585 WP NO.16510 OF 2025 in favour of original grantee B.K. Sathyendran. Accordingly, learned Senior Counsel sought for interference of this Court. 6. Per contra, Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents sought to justify the impugned order and endorsement and contended that the reasons stated at paragraph 3 of the impugned Endorsement dated 27th February, 2025 (Annexure-B) makes it clear that there is a overwriting in the documents at the time of grant of land made in favour of B.K. Sathyendran and as the same has not been certified by the then Tahsildar as to the grant made in favour of B.K. Sathyendran, the impugned order and endorsement issued by the respondents is just and proper. Accordingly, he sought for dismissal of the petition. 7. In the light of the submission made by learned counsel appearing for the parties and on careful consideration of the RTC for the year-1968-69 produced at Annexure-C, it is forthcoming that the name of B.K. Sathyendran is shown at Column No.12. On perusal of the writ papers, particularly the Annexure-D, it is evident that the land in question is being cultivated by B.K. Sathyendran. That apart, on careful - 7 - HC-KAR CNR: KAHC010364782025 NC: 2026:KHC:40585 WP NO.16510 OF 2025 consideration of Official Memorandum dated 22nd June, 1982 (Annexure-G) and 27th October, 1985 (Annexure-H), the same would indicate that the respondent No.2 has passed an order of grant subject to certain conditions and same has reached finality as to the grant made in favour of said B.K. Sathyendran. Subsequently, the said B.K. Sathyendran had paid Kimmat to the respondent-Authorities as per Annexure-J. On perusal of Annexure-K, the same would indicate that the said B.K. Sathyendran had paid land revenue to the Government and accordingly, the respondent No.3 issued the Grant Certificate dated 02nd January, 1989 (Annexure-L). On perusal of letter dated 19th December, 2018 (Annexure-X1) addressed by the respondent No.3 to the respondent No.2, it is forthcoming that the respondent No.3 himself has admitted the fact that the legal heirs of the original grantee B.K. Sathyendran were in possession of the land in question and also referred to the original grant order dated 27th October, 1982 (Annexure-H). In that view of the matter, as the entire revenue records reflects that the land in question has been granted in favour of original grantee B.K. Sathyendran as per - 8 - HC-KAR CNR: KAHC010364782025 NC: 2026:KHC:40585 WP NO.16510 OF 2025 Official Memorandum dated 22nd June, 1982 (Annexure-G) and 27th October, 1985 (Annexure-H) based on the fact that the said grantee was an unauthorised occupant, the interference made by respondents 2 and 3 in respect of grant made in favour of B.K. Sathyendran after a lapse of four decades cannot be accepted. Accordingly, I pass the following. O R D E R (i) Writ Petition allowed; (ii) Order dated 03rd April, 2025 (Annexure-A) passed by the respondent No.2 and the Endorsement dated 27th February, 2025 (Annexure-B) issued by the respondent No.3 are hereby set-aside; (iii) The respondent No.3 is directed to transfer the revenue records of the subject land in favour of petitioners within a period of two months from the date of receipt of this order. Sd/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 62