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2026 DAILYLAW 33747 (KAR)

SRI MALLAPPA v. THE STATE OF KARNATAKA

WP/33949/2025 · 2026-08-11

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010737962025 NC: 2026:KHC:42443 WP No. 33964 of 2025 C/W WP No. 16625 of 2024 WP No. 33949 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 33964 OF 2025 (KLR-RES) C/W WRIT PETITION NO. 16625 OF 2024 (KLR-RES) WRIT PETITION NO. 33949 OF 2025 (KLR-RES) IN WP No. 33964/2025 BETWEEN: 1. SRI. MALLAPPA SON OF LATE KARIMADAPPA AGED ABOUT 73 YEARS, 2. SRI. MAHADEVAPPA SON OF LATE KARIMADAPPA AGED ABOUT 69 YEARS, 3. SRI. NANJAPPA SON OF LATE.KARIMADAPPA AGED ABOUT 64 YEARS, 4. SMT. PUTTANINGAMMA WIFE OF LATE.MALLIKARJUNA AGED ABOUT 44 YEARS, ALL RESIDING AT GEJJAGALLI VILLAGE, MANDAKALLI POST, KASABA HOBLI, MYSURU - 560 005. …PETITIONERS (BY SMT. IRFANA NAZEER, ADVOCATE FOR SRI. SHRAVAN MADHAV K.P, ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010737962025 NC: 2026:KHC:42443 WP No. 33964 of 2025 C/W WP No. 16625 of 2024 WP No. 33949 of 2025 AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, DR. B.R AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER MYSURU DISTRICT, MYSURU - 570 005. 3. THE TAHSILDAR MYSURU TALUK, MYSURU - 570 005. 4. THE REVENUE INSPECTOR MYSURU TALUK, MYSURU - 570 005. 5. SHANKARA SON OF LATE. BASAVARAJAPPA, AGED ABOUT 49 YEARS, RESIDING AT GEJJAGALLI VILLAGE, MANDAKALLI POST, KASABA HOBLI, MYSURU - 560 005. 6. SRI. VEERABHADRAPPA SON OF LATE.KARIMADAPPA AGED ABOUT 59 YEARS RESIDING AT GEJJAGALLI VILLAGE, MANDAKALLI POST, KASABA HOBLI, MYSURU - 560 005. - 3 - HC-KAR CNR: KAHC010737962025 NC: 2026:KHC:42443 WP No. 33964 of 2025 C/W WP No. 16625 of 2024 WP No. 33949 of 2025 (PETITIONER HAVE NOT MADE PARTY ANY CLAIM AGAINST VEERABHADRAPPA) …RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1 TO R4; SRI. JAYAKUMAR S. PATIL, SR. ADVOCATE FOR SRI. J.M. ANIL KUMAR, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED CONVERSION ORDER DATED 24.10.2018 (BEARING NO. LNDC10001242) PASSED BY THE R2 VIDE ANNX-G AND ETC., IN WP NO. 16625/2024 BETWEEN: 1. SRI MALLAPPA S/O LATE KARIMADAPPA AGED ABOUT 73 YEARS 2. SRI. MAHADEVAPPA S/O LATE KARIMADAPPA AGED ABOUT 69 YEARS 3. SRI. NANJAPPA S/O LATE KARIMADAPPA AGED ABOUT 64 YEARS 4. SMT. PUTTANINGAMMA W/O LATE MALLIKARJUNA AGED ABOUT 42 YEARS 5. MAHESHWARI D/O LATE MALLIKARJUNA AGED ABOUT 22 YEARS - 4 - HC-KAR CNR: KAHC010737962025 NC: 2026:KHC:42443 WP No. 33964 of 2025 C/W WP No. 16625 of 2024 WP No. 33949 of 2025 6. MANASA D/O LATE MALLIKARJUNA AGED ABOUT 20 YEARS ALL ARE R/AT GEJJANAHALLI VILLAGE, MANDAKALLI POST, KASABA HOBLI, MYSORE TALUK, MYSORE DISTRICT - 570 008. ...PETITIONERS (BY SMT. IRFANA NAZEER, ADVOCATE FOR SRI. SHRAVAN MADHAV K.P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF LAND REVENUE VIDHANASOUDHA, BENGALURU - 560 001. 2. THE JOINT DIRECTOR OF LAND RECORDS, MYSURU DIVISION, UPOR BUILDING (GOVERNMENT BUILDING), NAZARBARED, MYSURU - 570 010. 3. THE TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER AND DEPUTY DIRECTOR OF LAND RECORDS MYSURU TALUK, MYSURU DISTRICT MYSURU - 570 001. 4. THE CITY SURVEY PLANNING OFFICER, NAZARBARED, MYSURU - 570 010. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS TALUK SURVEY DEPARTMENT, MYSURU TALUK MYSURU DISTRICT, MYSURU - 570 005. - 5 - HC-KAR CNR: KAHC010737962025 NC: 2026:KHC:42443 WP No. 33964 of 2025 C/W WP No. 16625 of 2024 WP No. 33949 of 2025 6. THE TAHSILDAR MYSURU TALUK MYSURU DISTRICT MYSURU - 570 005. 7. SRI. SIDDALINGASWAMY S/O LATE DEVANNA, AGED ABOUT 41 YEARS, R/AT NO. 147, GEJJAHALLI VILLAGE, MANDAKALLI POST, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT MYSURU - 570 008. 8. SRI. MAHADEVASWAMY K.V S/O LATE VEERAIAH AGED ABOUT 46 YEARS, R/AT NO.36, 1 FLOOR, LAKEVIEW LAYOUT, KUPPALURU VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT MYSURU - 570 008. 9. SRI. SHANKAR S/O LATE BASAVARAJAPPA AGED ABOUT 53 YEARS 10. SRI. NANJUNDASWAMY S/O LATE BASAVARAJAPPA AGED ABOUT 45 YEARS RESPONDENTS 9 AND 10 ARE R/AT NO.69, GEJJANAHALLI VILLAGE, MANDAKALLI POST, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT MYSURU - 570 008. - 6 - HC-KAR CNR: KAHC010737962025 NC: 2026:KHC:42443 WP No. 33964 of 2025 C/W WP No. 16625 of 2024 WP No. 33949 of 2025 11. SRI. NANJUNDASWAMY.L.G S/O GURUNANJAPPA, AGED ABOUT 49 YEARS, R/AT LAKKUR VILLAGE, GUNDLUPETE TALUK, CHAMARAJANAGARA DISTRICT - 571 123. 12. SRI. RAMESH.S S/O T.M. SRINIVAS, AGED ABOUT 44 YEARS, R/AT NO.36, 1 FLOOR, LAKEVIEW LAYOUT, KUPPALURU VILLAGE, KASABA HOBLI, MYSURU TALUK MYSURU DISTRICT, MYSURU - 570 008. 13. SRI. DEEPARAM S/O POKARRAM AGED ABOUT 49 YEARS, R/AT NO.36, 1ST FLOOR, LAKEVIEW LAYOUT, KUPPALURU VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT MYSURU - 570 008. 14. MALLESH.P. S/O PARAMASHIVAPPA AGED ABOUT 65 YEARS TUSHI KUTEERA, 4TH CROSS 1ST MAIN ROAD, VSR LAYOUT KANSHEERAMNAGAR, VIDYARANYAPURA POST, - 7 - HC-KAR CNR: KAHC010737962025 NC: 2026:KHC:42443 WP No. 33964 of 2025 C/W WP No. 16625 of 2024 WP No. 33949 of 2025 BENGALURU - 560 022. ...RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1 TO R6; SRI. JAYAKUMAR S. PATIL, SR. ADVOCATE FOR SRI. J.M. ANIL, ADVOCATE FOR R9 AND R10; SRI. GANAPATI BHAT VAJRALLI, ADVOCATE FOR R7, R8, R11, R12 AND R13; R14 - MALLESH P - SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASHING THE ORDER BEARING NO.BHU.JM.NI.RI.PI.435/21-22 DATED 17-2- 2022 PASSED BY THE JOINT DIRECTOR OF LAND RECORDS, MYSURU DIVISION, UPOR BUILDING (GOVERNMENT BUILDING) NAZARBARED, MYSURU-570010 AND PRODUCED AT ANNEXURE- C TO THE WRIT PETITION AND CONSEQUENTLY TO SET ASIDE THE PHODI ENTRIES PURSUANT TO THE ORDER DATED 13-1- 2010 VIDE ANNEXURE-A1 AND THE SUBSEQUENT PHODI (SKETCH) ENTRIES AT SY.NO.6/5 TO 6/14, IN RESPECT OF THE SY.NO.6 OF KUPPALURU VILLAGE, KASABA HOBLI, MYSURU TALUK, MYSURU DISTRICT AND ETC., IN WP NO. 33949/2025 BETWEEN: 1. SRI. MALLAPPA SON OF LATE KARIMADAPPA AGED ABOUT 73 YEARS, 2. SRI. MAHADEVAPPA SON OF LATE KARIMADAPPA AGED ABOUT 69 YEARS, 3. SRI. NANJAPPA SON OF LATE.KARIMADAPPA - 8 - HC-KAR CNR: KAHC010737962025 NC: 2026:KHC:42443 WP No. 33964 of 2025 C/W WP No. 16625 of 2024 WP No. 33949 of 2025 AGED ABOUT 64 YEARS, 4. SMT. PUTTANINGAMMA WIFE OF LATE.MALLIKARJUNA AGED ABOUT 44 YEARS, ALL RESIDING AT GEJJAGALLI VILLAGE, MANDAKALLI POST, KASABA HOBLI, MYSURU - 560 005. ...PETITIONERS (BY SMT. IRFANA NAZEER, ADVOCATE FOR SRI. SHRAVAN MADHAV K.P, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, DR. B.R AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER MYSURU DISTRICT, MYSURU - 570 005. 3. THE TAHSILDAR MYSURU TALUK, MYSURU - 570 005. 4. THE REVENUE INSPECTOR MYSURU TALUK, MYSURU - 570 005. - 9 - HC-KAR CNR: KAHC010737962025 NC: 2026:KHC:42443 WP No. 33964 of 2025 C/W WP No. 16625 of 2024 WP No. 33949 of 2025 5. NANJUNDA SWAMY SON OF LATE. BASAVARAJAPPA, AGED ABOUT 45 YEARS, RESIDING AT GEJJAGALLI VILLAGE, MANDAKALLI POST, KASABA HOBLI, MYSURU - 560 005. 6. SRI. VEERABHADRAPPA SON OF LATE.KARIMADAPPA AGED ABOUT 59 YEARS RESIDING AT GEJJAGALLI VILLAGE, MANDAKALLI POST, KASABA HOBLI, MYSURU - 560 005. ...RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1 TO R4; SRI. JAYAKUMAR S. PATIL, SR. ADVOCATE FOR SRI. J.M. ANIL KUMAR, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED CONVERSION ORDER DATED 23.10.2018 (BEARING NO. LNDC10001165) PASSED BY THE R2 VIDE ANNX-G AND ETC., THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH COMMON ORAL ORDER In WP No.33964/2025 and WP No.33949/2025, the petitioners are assailing the conversion order dated 23.10.2018 passed by the Deputy Commissioner, Mysuru District (Annexure G) inter alia sought for setting aside the order dated - 10 - HC-KAR CNR: KAHC010737962025 NC: 2026:KHC:42443 WP No. 33964 of 2025 C/W WP No. 16625 of 2024 WP No. 33949 of 2025 24.09.2025 passed by the Karnataka Appellate Tribunal (Annexure-Q). 2. In WP No.16625/2024, the petitioners are assailing the order dated 17.02.2022 passed by the Joint Director of Land Records, Mysuru Division (Annexure-C) inter alia sought for setting aside the phodi entries made in respect of the land in question and also sought for direction to the respondents to conduct fresh survey and measurement in respect of the subject land. 3. It is contended by Smt. Irfana Nazeer, learned counsel appearing on behalf of Sri. Shravan Madhav K.P, learned counsel for the petitioners that, the impugned order passed by the JDLR requires interference by this Court as no spot inspection has been made and survey has not been conducted as per the village sketch and therefore, sought for interference of this Court. 4. It is also argued by the learned counsel for the petitioners that, respondent No.2 - JDLR (in WP No.16625/2024) ought to have seen the phodi entries dated 21.04.2010 and therefore, submitted that, there is - 11 - HC-KAR CNR: KAHC010737962025 NC: 2026:KHC:42443 WP No. 33964 of 2025 C/W WP No. 16625 of 2024 WP No. 33949 of 2025 manipulation and changing of the boundary existed as on 01.10.1958 and therefore, submitted that, interference is sought for in these writ petitions. 5. Per contra, Sri.Jayakumar S Patil, learned Senior counsel appearing on behalf of Sri.J.M.Anil Kumar, learned counsel for respondent Nos. 9 and 10 and respondent No.5 in WP No.16625/2024 and WP No. 33949/2025 respectively submits by referring to the order dated 04.03.2024 (Annexure- D) in WP No.4954/2024 and contended that, this Court has relegated the parties to approach the competent Civil Court, wherein the suits are pending consideration in respect of the very same subject land and therefore, submitted that, unless the rights of the parties to be crystallized in pending suits before the competent Civil Court, the impugned orders require to be confirmed in these writ petitions and accordingly, sought for dismissal of the petitions. 6. Sri. Ganapati Bhat Vajralli, learned counsel appearing for respondent Nos.7, 8, 11, 12 and 13 in WP No.16625/2024 submits that, the records have to be looked into in this matter as the survey made in respect of land in - 12 - HC-KAR CNR: KAHC010737962025 NC: 2026:KHC:42443 WP No. 33964 of 2025 C/W WP No. 16625 of 2024 WP No. 33949 of 2025 question requires to be modified and therefore, sought for summoning the documents. Accordingly, sought for confirming the order passed by the JDLR and as such supports the contention of the petitioners. 7. Learned HCGP sought to justify the impugned orders. 8. In the light of the submission made by the learned counsel for the parties, the controversy in these writ petitions is with regard to the boundaries of the land is concerned. It is also to be noted that, a MR entry has been effected during 2010. However, the boundary dispute has been considered by this Court in WP No.4954/2024 on 04.03.2024 (Annexure-D) wherein at paragraph No.5, this Court has held as follows: "Needless to observe that the parties are at liberty to work out their remedies before the civil court, where the suits are already pending which are filed at the hands of both the parties herein or question the orders passed by the Survey Settlement authorities in accordance with law." 9. Taking into consideration the fact that suit in respect of the subject land are pending consideration, I am of - 13 - HC-KAR CNR: KAHC010737962025 NC: 2026:KHC:42443 WP No. 33964 of 2025 C/W WP No. 16625 of 2024 WP No. 33949 of 2025 the view that, no interference is called for in these writ petitions at this stage 10. It is also to be noted from the finding recorded by the authorities as well as the Karnataka Appellate Tribunal, at paragraph No.10 would indicate that, the Tahsildar has addressed the letter to the Deputy Commissioner as to the alienation of the property in question. 11. In that view of the matter, taking into consideration the suit in OS No.34/2020 is pending consideration before the Civil Court and therefore, it is open for the parties to establish their right in the aforementioned suit and thereafter, approach the revenue authorities for modification, if any, required in the revenue entries. In that view of the matter, I am of the view that, no interference is called for in these writ petitions. 12. Accordingly, writ petitions are dismissed. SD/- (E.S.INDIRESH) JUDGE SPV List No.: 1 Sl No.: 20