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High Court of Karnataka · body

2026 DAILYLAW 34101 (KAR)

SMT. INDRA K. v. DEPUTY COMMISSIONER

WP/23118/2026 · 2026-08-12

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010500932026 NC: 2026:KHC:42779 WP No. 23118 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 23118 OF 2026 (KLR-RES) BETWEEN: 1. SMT INDRA K W/O NANJAPPA B G AGED ABOUT 39 YEARS, R/AT NO.90, 3RD CROSS NEAR GANESHA TEMPLE BABASAHEBARAPALYA, KENGERI, BENGALURU- 560 060. 2. SHANKAR K S/O KENCHAPPA, AGED ABOUT 38 YEARS, R/AT 77, MALLATHAHALLI OLD VILLAGE MALLATHAHALLI GOVT SCHOOL BENGALURU SOUTH - 560 056. 3. SRI MUNIRAJU K S/O KENCHAIAH AGED ABOUT 34 YEARS R/AT NO.B5, NEAR WATER TANK MALLATHAHALLI BENGALURU SOUTH- 560 060. 4. LAKSHMAMMA, W/O MUNIRAJU AGED ABOUT 51 YEARS, R/AT NO.139/1, KEMPEGOWDA NAGAR, HONNAGANGAIAH GATE TAVAREKERE BENGALURU- 562 130. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010500932026 NC: 2026:KHC:42779 WP No. 23118 of 2026 5. SMT. MANJULA W/O ANANTHAIAH AGED ABOUT 44 YEARS R/AT NO.55 CHALLAGHATTA, KUMBALAGODU BENGALURU SOUTH- 560 060. 6. SMT. REVAMMA, W/O D SRINIVASA AGED ABOUT 41 YEARS, R/AT DOOR NO.12, 12TH A CROSS, 17TH MAIN ROAD NIMISHAMBA TEMPLE, RR NAGAR, BENGALURU-560 098. …PETITIONERS (BY SRI. K N PHANINDRA, SR.COUNSEL FOR SRI MUNI REDDY M N., ADVOCATE) AND: 1. DEPUTY COMMISSIONER BENGALURU DISTRICT, BENGALURU. 2. ASSISTANT COMMISSIONER BENGALURU, BENGALURU DISTRICT BENGALURU. 3. THE TAHSILDAR, BANGALORE SOUTH TALUK, KANDAYA BHAVAN, BANGALORE. 4. SRI. THIMMARAJU, S/O. LATE BYRAPPA, AGED ABOUT 54 YEARS. 5. SRI. HANUMANTHA, S/O. LATE BYRAPPA, AGED ABOUT 51 YEARS. - 3 - HC-KAR CNR: KAHC010500932026 NC: 2026:KHC:42779 WP No. 23118 of 2026 6. SRI. RANGASWAMY, S/O. LATE BYRAPPA, AGED ABOUT 50 YEARS. 7. SMT. RAMYA, W/O. LATE VENKATESH, AGED ABOUT 36 YEARS. 8. SRI. SIDDARAJU, LATE CHIKKA BYRAPPA AGED ABOUT 36 YEARS. 9. SRI. RANGA @ RANGASWAMY, S/O. LATE CHIKKA BYRAPPA, AGED ABOUT 33 YEARS. 10. SRI. HANUMAIAH, S/O. LATE HANUMANTHAPPA, AGED ABOUT 59 YEARS. 11. SMT. JAYAMMA W/O. LATE RANGAPPA @ MUDDAPPA, AGED ABOUT 69 YEARS. 12. SRI. HANUMAIAH, S/O. LATE RAMAKRISHNAPPA, AGED ABOUT 49 YEARS. 13. SRI. RANGASWAMY, S/O. LATE RAMAKRISHNAPPA, AGED ABOUT 46 YEARS. 14. SRI. VENKATESH, S/O. LATE RANGAPPA, AGED ABOUT 56 YEARS. 15. SRI., MUNIRAJU. R, S/O. LATE RANGAPPA, AGED ABOUT 59 YEARS. - 4 - HC-KAR CNR: KAHC010500932026 NC: 2026:KHC:42779 WP No. 23118 of 2026 16. SRI. GOVINDARAJ S/O. LATE RANGAPPA, AGED ABOUT 47 YEARS. 17. SRI. RANGAPPA, S/O. LATE MUNIYAPPA, AGED ABOUT 61 YEARS. 18. SRI. GANGARAJU, S/O. LATE MUNIYAPPA, AGED ABOUT 57 YEARS. 19. SRI. HANUMANTHAPPA S/O. LATE PUTTASWAMAIAH, AGED ABOUT 61 YEARS. 20. SRI. CHANDRAPPA, S/O. LATE PUTTASWAMAIAH, AGED ABOUT 59 YEARS. 21. SRI. LAKSHMANA. P, S/O. LATE PUTTASWAMAIAH, AGED ABOUT 56 YEARS. 22. SRI. P. NAGARAJ S/O. LATE PUTTASWAMAIAH, AGED ABOUT 54 YEARS. 23. SRI. RUDRAPPA P, S/O. LATE PUTTASWAMAIAH, AGED ABOUT 49 YEARS. 24. SMT. LAKSHMAMMA W/O. LATE NAGARAJ, AGED ABOUT 56 YEARS. 25. SMT. MAHALAXMI, W/O. LATE MANJUNATH N.B. AGED ABOUT 37 YEARS. 26. SRI. HANUMAIAH, - 5 - HC-KAR CNR: KAHC010500932026 NC: 2026:KHC:42779 WP No. 23118 of 2026 S/O. LATE NAGARAJ, AGED ABOUT 36 YEARS. 27. SRI. DEVARAJ, S/O. LATE NAGARAJ, AGED ABOUT 33 YEARS. 28. SRI. BASAVARAJU, S/O. LATE NAGARAJU, AGED ABOUT 31 YEARS. 29. SRI. MUNIRAJU, S/O. LATE CHANNAPPA, AGED ABOUT 56 YEARS. 30. SRI. GOVIND, S/O. LATE CHANNAPPA, AGED ABOUT 41 YEARS. 31. SRI. RANGASWAMY, S/O. MUTTAPPA, AGED ABOUT 56 YEARS. 32. SRI. CHIKKARAJ, S/O. MUTTAPPA, AGED ABOUT 48 YEARS. 33. SRI. KEMPARAMAIAH, S/O. LATE HANUMAIAH, AGED ABOUT 68 YEARS. 34. SRI. HANUMAIAH, S/O. KEMPARAMAIAH, AGED ABOUT 49 YEARS. 35. SRI. BASAVARAJU, S/O. KEMPARAMAIAH, AGED ABOUT 38 YEARS. 36. SMT. RUDRAMMA, S/O. LATE CHIKKANNA, - 6 - HC-KAR CNR: KAHC010500932026 NC: 2026:KHC:42779 WP No. 23118 of 2026 AGED ABOUT 56 YEARS. 37. SRI. SANJEEV MURTHY, S/O. LATE CHIKKANNA, AGED ABOUT 45 YEARS. 38. SRI. HANUMAIAH, S/O. LATE CHIKKANNA, AGED ABOUT 45 YEARS. 39. KEMPAMMA W/O LATE CHANNIGGAPPA AGED MAJOR. 40. NAGARAJA S/O CHANIGAPPA AGED MAJOR. 41. RANI W/O RAMASWAMY AGED MAJOR. 42. MUNIYAPPA AGED MAJOR. 43. VENKATALAKSHMAMMA D/O VENKATAMMA AGED MAJOR. 44. LAKSHMAMMA D/O VENKATAMMA AGED MAJOR. 45. SRINIVASA D/O VENKATAMMA AGED MAJOR. 46. MUTTAIAH D/O VENKATAMMA AGED MAJOR. - 7 - HC-KAR CNR: KAHC010500932026 NC: 2026:KHC:42779 WP No. 23118 of 2026 47. PARVATHAMMA D/O VENKATAMMA AGED MAJOR. 48. GOVINDARAJU D/O VENKATAMMA AGED MAJOR. 49. MUNIRAJU S/O LATE THIMMARAYAPPA AGED MAJOR. 50. KITTI S/O LATE THIMMARAYAPPA AGED MAJOR. 51. SHARADAMMA W/O LATE MADALAH AGED MAJOR. 52. B SHANTHI W/O BALASUBRAMANYAM AGED MAJOR. 53. M R. LAKSHMANAPPA AGED MAJOR. R No.4 TO 53 ARE R/AT KOMMAGHATTA VILLAGE KENGERI HOBLI, BENGALURU SOUTH-560 060. 54. SUNIL BELAGAVI S/O T B BELAGAVI AGED ABOUT 42 YEARS, R/AT NO.MIG-120, KHB COLONY 2ND STAGE, BASAWESHWARANAGARA BENGALURU - 560 079. 55. GAYATHRI D/O LATE CHANNAMARAPPA - 8 - HC-KAR CNR: KAHC010500932026 NC: 2026:KHC:42779 WP No. 23118 of 2026 AGED ABOUT 37 YEARS. 56. MANJULA D/O LATE CHANNAMARAPPA AGED ABOUT 35 YEARS. 57. MUNIRAJU S/O LATE CHANNAMARAPPA AGED ABOUT 33 YEARS. 58. BASAVARAJU S/O LATE CHANNAMARAPPA AGED ABOUT 31 YEARS R 55 TO 58 R/AT BABASAHEBARAPALYA KENGERI HOBLI, BENGALURU SOUTH. 59. MURALI S/O MUNIYAPPA AGED ABOUT 45 YEARS, R/AT NO, 123, 1ST MAIN BABASAHEBARAPALYA VAISHNAVI NAGAR NEAR VAKKALIGARA MATA, KENGERI BENGALURU …RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1 TO R3, SRI.PRASANNA B R, ADVOCATE FOR R22) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN RP NO.294/2025 ON THE FILE OF THE 1ST RESPONDENT AND QUASH THE ORDER PASSED BY THE 1ST RESPONDENT IN RP NO.294/2026 DATED 20/02/2026 MARKED AS ANNEXURE -A AND ETC.,. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 9 - HC-KAR CNR: KAHC010500932026 NC: 2026:KHC:42779 WP No. 23118 of 2026 ORAL ORDER The learned High Court Government Pleader accepts notice for respondents No.1 to 3. 2. Sri.Prasanna B R, learned counsel appearing for Caveator/respondent No.22. 3. In this petition, petitioners are assailing the order dated 20.05.2026 (Annexure-A) passed by the respondent No.1 and order dated 17.04.2025 (Annexure- B) passed by respondent No.2. 4. Heard Sri K N Phanindra, learned Senior Counsel appearing for Sri Muni Reddy M N, learned counsel appearing for petitioners, Sri Spoorthy Hegde N, the learned High Court Government Pleader for respondent No.1 and 3 and Sri.Prasanna B R, learned counsel for respondent No.22. 5. It is contended by the learned Senior Counsel, Sri K N Phanindra, appearing for the petitioners, by - 10 - HC-KAR CNR: KAHC010500932026 NC: 2026:KHC:42779 WP No. 23118 of 2026 referring to the two branches of the petitioner's family as well as the branch in which the private respondents are claiming the total extent of 78 acres each and submitted that, both the authorities have committed an error in extending the mutation in favour of the private respondents herein exceeding the total extent of 78 acres. Therefore, sought for interference of this Court. 6. Per contra, the learned counsel appearing for caveator/respondent No.22 by referring to the impugned orders passed by the respondent-Authorities and the registered sale deed dated 16.08.2004 said to have been executed by the father and grandfather of the petitioners herein in favour of one M R Lakshmanappa, and submitted that, the petitioners have sold the property, and therefore, no legal right to claim change of katha in their names and accordingly sought for dismissal of the writ petition. 7. Having heard the learned counsel for the parties and on careful consideration of the impugned orders would - 11 - HC-KAR CNR: KAHC010500932026 NC: 2026:KHC:42779 WP No. 23118 of 2026 indicate that, the petitioners are claiming right over the property in land bearing Sy. No.27/2A of Kommaghatta Village, Bangalore South Taluk, to an extent of 1 acre 36 guntas and the perusal of the registered sale deed dated 16.08.2004 would indicate that the father and the grandfather of the petitioners herein have sold the property in favour of one M R Lakshmanappa. It is also to be noted that the petitioners herein have filed OS No.1877/2023 before the competent Civil Court, and thereafter, withdrew the same, and in that view of the matter, I am of the view that, the findings recorded by both the Authorities are just and proper and no interference is called for in this writ petition. Accordingly, writ petition is rejected, as there is no perversity in the orders passed by the respondent- Authorities. SD/- (E.S.INDIRESH) JUDGE BKM/List No.: 1 Sl No.: 21