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2026 DAILYLAW 34987 (KAR)

SRI MUNIYAPPA v. THE STATE OF KARNATAKA

WP/20603/2024 · 2026-08-06

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010429502024 NC: 2026:KHC:41872 WP No. 20603 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 20603 OF 2024 (KLR-RES) BETWEEN: 1. SRI MUNIYAPPA S/O VENKATARAMANAPPA, AGED ABOUT 45 YEARS, 2. SMT. MUNIYAMMA W/O. RAMANNA AGED ABOUT 60 YEARS BOTH ARE R/AT VARADAPUR VILLAGE HASANDAHALLI POST MASTI HOBLI, MALUR TALUK - 563 130 KOLAR DISTRICT …PETITIONERS (BY SRI. NAIK RAMACHANDRA RAMA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REP BY ITS PRINCIPAL SECRETARY M S BUILDINGS AMBEDKAR VEEDHI BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR - 563 101 Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010429502024 NC: 2026:KHC:41872 WP No. 20603 of 2024 3. THE ASSISTANT COMMISSIONER KOLAR DIVISION KOLAR - 563 101 4. THE TAHASILDAR MALUR TALUK MALUR - 563 130 KOLAR DISTRICT 5. SRI RAMASWAMY S/O KAMAN BHOVI, AGE MAJOR, R/AT VARADAPUR VILLAGE HASANDAHALLI POST, MASTI HOBLI, MALUR TALUK - 563 130 6. SRI DASATHARAMA @ ASHWATHARAMA SHETTY S/O LATE MUNISHETTY AGE MAJOR BAIRNADODDI VILLAGE MASTI HOBLI, MALUR TALUK - 563 130 KOLAR DISTRICT 7. SRI MUNIYAPPA S/O ERAPPA, AGE MAJOR R/AT VARDHAPURA VILLAGE, HASANDAHALLI POST, MALUR HOBLI MALUR TALUK - 5631 30 8. SMT NARAYANAMMA W/O SRINIVAS REDDY - 3 - HC-KAR CNR: KAHC010429502024 NC: 2026:KHC:41872 WP No. 20603 of 2024 R/AT VARDHAPURA VILLAGE, HASANDAHALLI POST, MALUR HOBLI MALUR TALUK - 563 130 9. SMT JAYAMMA W/O SUMA NAGARAJ AGE MAJOR MARATA BEEDI, MASTI VILLAGE, MALUR TALUK - 563 130 …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R4 SMT. NEERAJA KARANTH, ADVOCATE FOR R5 SMT. SREEVIDYA G.K., ADVOCATE FOR R6 SRI. NAGAMANJU, ADVOCATE FOR R7 AND R8 R9 - SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED JUDGMENT AND ORDER DATED 16.07.2024 PASSED IN NO.R.A.P 28/2024, BY THE R2 VIDE ANNX-K. GRANT AN INTERIM ORDER TO STAYING THE IMPLEMENTATION OF THE JUDGMENT AND ORDER DTD 16.07.2024 PASSED IN NO.R.A.P 28/2024, VIDE ANNX-K BY THE R2. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 4 - HC-KAR CNR: KAHC010429502024 NC: 2026:KHC:41872 WP No. 20603 of 2024 ORAL ORDER In this writ petition, petitioners are assailing the Order dated 16.07.2024 passed by respondent No.2 (Annexure-K) in respect of the subject land. 2. Heard Sri. Naik Ramachandra Rama, learned counsel appearing for the petitioners, Smt. B.P.Radha, learned Additional Government Advocate appearing for respondent Nos.1 to 4, Smt.Neeraja Karanth, learned counsel appearing for respondent No.5, Smt. Sree Vidya G.K., learned counsel for respondent No.6, Sri.Nagamanju, learned counsel for respondent Nos.7 and 8. 3. Sri. Naik Ramachandra Rama, learned counsel appearing for the petitioners contended that, the petitioners are claiming right over the property based on the grant made in favour of their grandfather Chikkamunivenkatappa and therefore, refers to the RTC extract at Annexure-C series and submitted that the finding recorded by respondent No.2 requires to be interfered with in this petition. 4. Per contra, Smt. Neeraja Karanth, learned counsel appearing for respondent No.5 refers to Annexure-R1, wherein, - 5 - HC-KAR CNR: KAHC010429502024 NC: 2026:KHC:41872 WP No. 20603 of 2024 a re-grant order has been passed on 17.07.1962, wherein, the name of one Munivenkatappa has been shown as the grantee. The respondents herein had purchased the land from the subsequent purchasers from the Munivenkatappa and accordingly, sought for dismissal of the petition. 5. Smt. B.P.Radha, learned AGA for respondent Nos.1 to 4 submitted that as the suit is pending consideration before the competent Civil Court and therefore, sought for dismissal of the petition. 6. In the light of the submission made by the learned counsel appearing for the parties and on careful consideration of the Annexure-R1, vis-a-vis the Annexure-A, would indicate that the name of the grandfather of the petitioners as Chikkamunivenkatappa is not found. 7. In that view of the matter, I am of the view that as the petitioners are claiming right through their grandfather and as such, it is the duty of the petitioners to prove their title in respect of the land in question before the competent Civil Court. It is also forthcoming that suit in OS.No.187/2019 is pending consideration before the competent Civil Court. - 6 - HC-KAR CNR: KAHC010429502024 NC: 2026:KHC:41872 WP No. 20603 of 2024 8. In that view of the matter, I am of the view that, no interference is called for in this writ petition. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE BH List No.: 1 Sl No.: 14