- 1 - HC-KAR CNR: KAHC010097952020 NC: 2026:KHC:43372 WP NO.4581 OF 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.4581 OF 2020 (KLR-RR/SUR) BETWEEN: MR. M.C. LAKSHMAIAH S/O LATE MR. CHIKKA CHOWDAPPA, AGED ABOUT 78 YEARS, R/OF MOTAKADAHALLI VILLAGE, NANDAGUDI HOBLI, HOSAKOTE TALUK, BENGALURU DISTRICT - 562 122. …PETITIONER (BY SRI. L. MALLESH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGAURU - 560 001. REP. BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, FIRST FLOOR, DISTRICT ADMINISTRATION BUILDING, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU DISTRICT - 562 110. 3. THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB-DIVISON, FIRST FLOOR, TALUK OFFICE BUILDING, DODDABALLAPUR, BENGALURU DISTRICT - 561 203. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010097952020 NC: 2026:KHC:43372 WP NO.4581 OF 2020 4. THE TAHSILDAR HOSAKOTE TALUK, HOSAKOTE TOWN, BENGALURU DISTRICT - 562 114. 5. THE REVENUE INSPECTOR NANDAGUDI HOBLI, HOSAKOTE TALUK, BENGALURU DISTRICT - 562 122. 6. THE VILLAGE ACCOUNTANT MOTAKADAHALLI VILLAGE, SHIVANAPURA CIRCLE, HOSAKOTE TALUK, BENGALURU DISTRICT - 562 162. MR. M. LAKSHMAIAH S/O MR. MUNEPPA SINCE DECEASED, BY HIS LRS. 7. MR. M.L. MUNIKRISHNAPPA S/O LATE M. LAKSHMAIAH, AGED ABOUT 64 YEARS. 8. MR. M.L. MURALIDHARA S/O LATE M. LAKSHMAIAH, AGED ABOUT 44 YEARS. 9. MRS. NANJAMMA W/O LATEM.C. CHANNAPPA @ PALLAGAPPA, AGED ABOUT 80 YEARS. 10. MR. MUNEGOWDA S/O MR. CHANNAPPA @ DADDAPPA AGED ABOUT 51 YEARS. MR. CHIKKA CHOWDAPPA S/O LATE RAMAIAH, SINCE DECEASED, BY HIS LR - 3 - HC-KAR CNR: KAHC010097952020 NC: 2026:KHC:43372 WP NO.4581 OF 2020 11. MR. M.C. VENKATESH S/O LATE CHIKKA CHOWDAPPA, AGED ABOUT 58 YEARS. RESPONDENTS 7 TO 10 ARE R/OF MOTAKADAHALLI VILLAGE, NANDAGUDI HOBLI, HOSAKOTE TALUK, BENGALURU DISTRICT - 562 122. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R6; SRI. PRAKASH T. HEBBAR, ADVOCATE FOR R9 AND 10) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.2 DATED 25TH JUNE, 2019 IN CASE NO.REVISION PETITON 26/2018 VIDE ANNEXURE-F AND CONSEQUENTLY DISMISS THE REVISION PETITION FILED BY THE RESPONDENTS 9 AND 10 ON THE FILE THE RESPONDENT NO.2; 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, the petitioner is challenging the order dated 25th June, 2019 (Annexure-F) passed by the respondent No.2 in Revision Petition No.26/2018; inter alia sought for dismissing the Revision Petition filed before the respondent No.2. - 4 - HC-KAR CNR: KAHC010097952020 NC: 2026:KHC:43372 WP NO.4581 OF 2020 2. Heard Sri. L. Mallesh, learned counsel appearing for the petitioner; Smt. B.P. Radha, learned Additional Government Advocate appearing for respondents 1 to 6; and Sri. Prakash T. Hebbar, learned counsel appearing for respondents 9 and 10. 3. Sri. L. Mallesh, learned counsel appearing for the petitioner referred to the order dated 08th December, 2014 (Annexure-B) passed in Case No.R.A.(Ho)102/2010-11 and contended that the respondent No.3 has relegated the parties to approach the competent Civil Court for resolution of the dispute. In this regard, learned counsel argued that the Original Suit No.367/2012 has been filed before the Senior Civil Judge, Bengaluru Rural District, Bengaluru and the said suit came to be dismissed prior to the impugned order passed by the respondent No.2. Therefore, learned counsel appearing for the petitioner contended that the respondent No.2 has committed an error again by remanding the matter to the respondent No.4. Accordingly, he sought for interference of this Court. - 5 - HC-KAR CNR: KAHC010097952020 NC: 2026:KHC:43372 WP NO.4581 OF 2020 4. Per contra, Smt. B.P. Radha, learned Additional Government Advocate appearing for respondents 1 to 6 sought to justify the impugned order passed by the respondent No.2. 5. Having heard the learned counsel appearing for the parties, on careful perusal of the material on record, it is forthcoming that the private respondents herein are claiming right over the property in question based on the registered Sale Deed dated 30th June, 1958. On the other hand, petitioner herein is seeking mutation in respect of the property in question based on the inheritance from the ancestors. It is forthcoming from the writ papers that the private respondents herein have filed Original Suit No.367/2012 before the Senior Civil Judge, Bengaluru Rural District, seeking relief of declaration, which came to be dismissed on 10th July, 2018 (Annexure-E). In that view of the matter, as the private respondents herein have failed to prove their title in respect of the property in question, the respondent No.2 ought not to have remitted the matter to the respondent No.4 for reconsidering the issue afresh. Therefore, I pass the following: - 6 - HC-KAR CNR: KAHC010097952020 NC: 2026:KHC:43372 WP NO.4581 OF 2020 O R D E R (i) Writ Petition allowed; (ii) Order dated 25th June, 2019 (Annexure-F) passed by the respondent No.2 in Revision Petition No.26/2018 is hereby set-aside; (iii) The respondent No.4 is directed to enter the name of the petitioner herein in revenue records in respect of the property in question forthwith. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 50