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2026 DAILYLAW 34910 (KAR)

SRI B N PADMANABHA v. THE STATE OF KARNATAKA

WP/20352/2026 · 2026-07-28

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010447142026 NC: 2026:KHC:38988 WP No. 20352 of 2026 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.20352 OF 2026 (KLR-RES) BETWEEN: 1. SRI. B.N. PADMANABHA S/O LATE B.M. NARASHIMMEGOWDA @ MUDDIYAPPA AGED ABOUT 64 YEARS, R/AT BALLENEHALLI VILLAGE, SRIRANGAPATTANA TALUK, K SHITTIHALLI HOBLI, MANDYA-571807. …PETITIONER (BY SRI. VIJAYA H.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, 3RD GATE, 5TH FLOOR, M.S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU -560001. REPRESENTED BY ITS PRINCIPAL SECRETARY. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010447142026 NC: 2026:KHC:38988 WP No. 20352 of 2026 2. DEPUTY COMMISSIONER, ASHOK NAGAR, MANDYA DISTRICT, MANDYA-571401. 3. ASSISTANT COMMISSIONER, STATE HIGHWAY 19, THYAGARAJA COLONY, PANDAVAPURA, MANDYA-571434. 4. HIRANNAIAH S/O BETTEGOWDA, AGED ABOUT 60 YEARS BALLENEHALLI VILLAGE, K SHETTIHALLI HOBLI, SRIRANGAPATTANA TALUK, MANDYA - 571807. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE WRIT PETITION, ISSUE THE ORDER OF CERTIORARI QUASHING ANNEXURE-A ORDER DATED 17-02-2026 PASSED IN R.P.NO.177/2024-2025 ON THE FILE OF THE 2ND RESPONDENT, DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010447142026 NC: 2026:KHC:38988 WP No. 20352 of 2026 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this Writ Petition, petitioner is assailing the order dated 17.02.2026 in R.P.No.177/2024-25 (Annexure-A), passed by respondent No.2. 2. Having heard the learned counsel appearing for the parties, it is not in dispute that the petitioner is claiming right over the property in question based on the registered Sale Deed dated 05.03.1971. It is also to be noted that since 1971, khata has not been changed in favour of the petitioner. It is also to be noted that the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966, was in force as on the date of purchase of the property by the petitioner, however, the same was repealed subsequently. In that view of the matter, the finding recorded by respondent No.2 is just and proper and accordingly, no interference is called for in this Writ Petition as the respondent No.2 has relegated the petitioner to the Civil Court to establish right over the property in question. - 4 - HC-KAR CNR: KAHC010447142026 NC: 2026:KHC:38988 WP No. 20352 of 2026 3. Accordingly, the Writ Petition is dismissed. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 21