- 1 - HC-KAR CNR: KAHC010336642025 NC: 2026:KHC:38984 WP No. 15029 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.15029 OF 2025 (KLR-RES) BETWEEN: 1. SMT. LAKSHMAMMA WIFE OF LATE NANJEGOWDA, AGED ABOUT 72 YEARS. 2. SRI. RAJSHEKAR, SON OF LATE NANJEGOWDA, AGED ABOUT 45 YEARS. 3. SMT. SUVARNAMMA, WIFE OF LATE NANJUNDEGOWDA, AGED ABOUT 49 YEARS. 4. SRI. NANJEGOWDA SON OF LATE NANJUNDEGOWDA AGED ABOUT 38 YEARS. 5. SRI. SHIVANNA, SON OF LATE ANNEGOWDA AGED ABOUT 52 YEARS. 6. SMT.PARVATHAMMA, WIFE OF LATE KRISHNEGOWDA, AGED ABOUT 55 YEARS. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010336642025 NC: 2026:KHC:38984 WP No. 15029 of 2025 7. SRI. RAJESH, SON OF LATE KRISHNEGOWDA, AGED ABOUT 40 YEARS. 8. SMT.RANI DAUGHTER OF LATE KRISHNEGOWDA, AGED ABOUT 44 YEARS. PETITIONERS NO. 1 TO 8 ARE RESIDING AT CHAPPRADAHALLI VILLAGE, HARNAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571102. 9. SMT.RADHA @ LAKSHMI WIFE OF LATE KRISHNEGOWDA, DAUGHTER OF LATE ANNEGOWDA, AGED ABOUT 42 YEARS, RESIDING AT ALANAHALLI VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571102. 10. SMT. LALITHAMMA, WIFE OF LATE KUMARA @ KUMAREGOWDA, AGED ABOUT 52 YEARS, RESIDING AT HALEYURU VILLAGE, HARNAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571102. 11. SRI. PRASAD @ PRASANNA SON OF LATE KUMARA @ - 3 - HC-KAR CNR: KAHC010336642025 NC: 2026:KHC:38984 WP No. 15029 of 2025 KUMAREGOWDA, AGED ABOUT 39 YEARS, RESIDING AT HALEYURU VILLAGE, HARNAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571102. 12. SRI. ANAND, SON OF LATE KUMARA @ KUMAREGOWDA, AGED ABOUT 36 YEARS, RESIDING AT HALEYURU VILLAGE, HARNAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571102. 13. SMT. SHYAMALA, WIFE OF RAMU @ RAMEGOWDA, DAUGHTER OF LATE KUMARA @ KUMAREGOWDA, AGED ABOUT 37 YEARS, RESIDING AT CHAPPRADAHALLI VILLAGE AND POST, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571102. 14. SMT. AKKAYAMMA, WIFE OF LATE BASAVEGOWDA, AGED ABOUT 70 YEARS, RESIDING AT HALEYURU VILLAGE, HARNAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571102. - 4 - HC-KAR CNR: KAHC010336642025 NC: 2026:KHC:38984 WP No. 15029 of 2025 15. SMT.LAKSHMAMMA, WIFE OF LATE KAPANIGOWDA, AGED ABOUT 70 YEARS, RESIDING AT CHAPPRADAHALLI VILLAGE AND POST, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571102. 16. SRI.MANJUNATH, SON OF LATE KAPANIGOWDA, AGED ABOUT 42 YEARS, RESIDING AT CHAPPRADAHALLI VILLAGE AND POST, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571102. 17. SMT. JYOTHI, DAUGHTER OF LATE KAPANIGOWDA, AGED ABOUT 48 YEARS, RESIDING AT CHAPPRADAHALLI VILLAGE AND POST, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571102. 18. SRI. VIJAYKUMAR SON OF LATE KAPANIGOWDA, AGED ABOUT 45 YEARS, RESIDING AT HOSAHALLI VILLAGE, RAJAN BILIGULI POST, HARNAHALLI HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571102. …PETITIONERS (BY SRI. PUNITH C., ADVOCATE) - 5 - HC-KAR CNR: KAHC010336642025 NC: 2026:KHC:38984 WP No. 15029 of 2025 AND: 1. THE SPECIAL DEPUTY COMMISSIONER MYSURU DISTRICT - 570001. 2. THE ASSISTANT COMMISSIONER, HUNSUR SUB DIVISION - 571105. 3. TAHSILDAR, PERIYAPATNA TALUK - 571107. 4. SRI. C.B. PUTTARAMU, SON OF LATE BASAVEGOWDA, AGED ABOUT 62 YEARS, RESIDING AT CHAPPRADAHALLI VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571102. 5. SRI. C.B. SURESH KUMAR SON OF LATE BASAVEGOWDA, AGED ABOUT 59 YEARS, R/AT CHAPPRADAHALLI VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571002. 6. SRI. C.B. VISHWANATH, SON OF LATE BASAVEGOWDA, AGED ABOUT 57 YEARS, R/AT CHAPPRADAHALLI VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571002. - 6 - HC-KAR CNR: KAHC010336642025 NC: 2026:KHC:38984 WP No. 15029 of 2025 7. SRI.C.B.RAVI, SON OF LATE BASAVEGOWDA, AGED ABOUT 55 YEARS, R/AT CHAPPRADAHALLI VILLAGE, KASABA HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT - 571002. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R3; SRI. SANCHAN JAINANDAN, ADVOCATE FOR R5 TO R7) *********************** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER DTD 06.02.2024 PASSED BY THE RESPONDENT NO.1 IN R.P NO.52/2020 AS PER ANNEXURE-L; SET ASIDE THE IMPUGNED ORDER DATED 08.06.2020 PASSED BY THE RESPONDENT NO.2 IN RA 90/2008-09 AS PER ANNEXURE-J. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR CNR: KAHC010336642025 NC: 2026:KHC:38984 WP No. 15029 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this Writ Petition, petitioners are assailing the order dated 06.02.2024 in R.P.No.52/2020(Annexure-L) passed by respondent No.1 and the order dated 08.06.2020 in R.A.No.90/2008-09 (Annexure-J) passed by respondent No.2. 2. Having heard the learned counsel appearing for the parties and on careful consideration of the finding recorded by both the authorities would indicate that respondent Nos.5 to 7 are claiming right over the property in question based on registered Sale Deed dated 18.04.1948. It is forthcoming from the records that the petitioners herein has filed suit in O.S.No.257/2008 on the file of I Additional Civil Judge, Periyapatna, seeking relief of injunction which came to be dismissed by the competent Civil Court and the said order came to be confirmed by the First Appellate Court in R.A.No.9/2019. That apart, it is also submitted that private respondent Nos.5 to 7 herein have preferred O.S.No.240/2025 against the petitioners herein. - 8 - HC-KAR CNR: KAHC010336642025 NC: 2026:KHC:38984 WP No. 15029 of 2025 3. In that view of the matter, since the dispute is of civil nature with regard to the extent of land belonging to the petitioners as well as respondent Nos.5 to 7, I am of the view that, the finding recorded by both the authorities are required to be interfered with in this Writ Petition as the respondent - authorities have modified the mutation entries based on the registered Sale Deed dated 18.04.1948, wherein there is inordinate delay of more than five decades. In that view of the matter, I find force in the submissions made by the learned counsel appearing for the petitioners. 4. Accordingly, I pass the following: ORDER (i) The Writ Petition is allowed. (ii) The order dated 06.02.2024 in R.P.No.52/2020(Annexure-L) passed by respondent No.1 and the order dated 08.06.2020 in R.A.No.90/2008-09 (Annexure- J) passed by respondent No.2 are hereby set aside and respondent No.3 is directed to restore the mutation in favour of the petitioners, in accordance with law, within a period of one - 9 - HC-KAR CNR: KAHC010336642025 NC: 2026:KHC:38984 WP No. 15029 of 2025 month from the date of receipt of certified copy of this order. However liberty is reserved to respondent Nos.5 to 7 to establish their right over the land in question in terms of the observation made above, in accordance with law. (iii) It is made clear that it is open for respondent No.5 to 7 to approach the competent authority after establishing their right over the land in question. (iv) Pending I.A.1/2026 does not survive for consideration. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 12