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2026 DAILYLAW 35316 (KAR)

SMT. SUDHAMANI v. THE DEPUTY COMMISSIONER,

WP/16514/2023 · 2026-08-10

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010385582023 NC: 2026:KHC:42295 WP NO.16514 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.16514 OF 2023 (KLR-RES) BETWEEN: SMT. SUDHAMANI W/O LATE RAMACHANDRAPPA, AGED ABOUT 66 YEARS, R/O NEAR ROYAL SCHOOL, ANJANI EXTENSION, CHITAMANI - 563 125. …PETITIONER (BY SRI. HARISH KUMAR M.S., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, CHIKKABALLAPURA DISTRICT, CHIKKABALLAUPRA - 562 104. 2. THE ASSISTANT COMMISSIONER CHIKKABALLAPUR SUB-DIVISION, CHIKKABALLAPUR - 561 201. 3. THE TAHASILDAR CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563 125. 4. K.V. VINOD KUMAR S/O VENKATARAYAPPA, AGED ABOUT 28 YEARS, R/O KONEPALLI VILLAGE, CHILKANERAPU HOBLI, CHINTAMANI TALUK - 563 125. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010385582023 NC: 2026:KHC:42295 WP NO.16514 OF 2023 5. T.R. VINUTHA D/O LATE RAMACHANDRAPPA, AGED ABOUT 43 YEARS, R/O ANJANI LAYOUT, CHINTAMANI TOWN, CHINTAMANI - 563 125. 6. SRINIVASA S/O SITHAPPA, AGED ABOUT 52 YEARS, R/O NEAR PUBLIC SCHOOL, CHINTAMANI TOWN, CHINTAMANI - 563 125. 7. RAJATHA S/O SHARANAPPA, AGED ABOUT 48 YEARS, R/AT NO.37-85-1, 1ST CROSS, S.B.R DENTAL COLLAGE ROAD, MUNNA KOLALA, MARATHAHALLI, BENGALURU - 560 037. 8. CHANDRAKALA D/O SHARANAPPA, AGED ABOUT 43 YEARS, R/AT NO.37-85-1, 1ST CROSS, S.B.R DENTAL COLLAGE ROAD, MUNNA KOLALA, MARATHAHALLI, BENGALURU - 560 037. …RESPONDENTS (BY SRI. SPOORTHY HEGDE, HCGP FOR R1 TO R3; SRI. K. VISWANATHA, ADVOCTE FOR R4; R5-SERVED; V/O DATED 28.11.2025, SERVICE OF NOTICE TO R6, R7 AND R8 - HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.3- TAHASILDAR, CHINTAMANI TALUK, CHIKKABALLAPURA - 3 - HC-KAR CNR: KAHC010385582023 NC: 2026:KHC:42295 WP NO.16514 OF 2023 DISTRICT IN RA(DS)CR/117/2022-23 DATED 30TH MAY, 2023 VIDE ANNEXURE-L; DIRECT THE RESPONDENT NO.3- TAHASILDAR, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT TO RESTORE THE KHATA AS PER MR NO.H1/2016-17 VIDE ANNEXURE-G IN THE NAME OF THE PETITIONER IN TERMS OF THE ORDER OF THE RESPONDENT NO.1-DEPUTY COMMISSIONER, CHIKKABALLAPURA DISTRICT PASSED IN RA NO.21/2017-18 DATED 20TH DECEMBER, 2021 VIDE ANNEXURE-J; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this petition, the petitioner is challenging the order dated 30th May, 2023 (Annexure-L) passed by the respondent No.3-Tahsildar, Chintamani Taluk in RA(DS)CR/117/2022-23; inter alia sought for a direction to the respondent No.3 to restore the Khata of the subject land as per MR No.H1/2016-17 (Annexure-G) in the name of the petitioner in terms of order dated 20th December, 2021 (Annexure-J) passed by the respondent No.1 in Case No.RA/21/2017-18. 2. Heard Sri. Harish Kumar M.S., learned counsel appearing for the petitioner; Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents 1 to - 4 - HC-KAR CNR: KAHC010385582023 NC: 2026:KHC:42295 WP NO.16514 OF 2023 3; and Sri. K. Viswanatha, learned counsel appearing for the respondent No.4. 3. Sri. Harish Kumar M.S., learned counsel appearing for the petitioner invited the attention of the Court to order dated 20th December, 2021 (Annexure-J) passed by the respondent No.1-Deputy Commissioner in Case No.RA/21/2017-18 and contended that, though the vendor of the respondent No.4 viz., S. Srinivas had suffered an order passed by the respondent No.1, the respondent No.3-Tahsildar committed an error in passing the impugned order, relegating the petitioner herein to approach the competent Civil Court. Accordingly, he sought for interference of this Court. 4. Per contra, Sri. Viswanatha, learned counsel appearing for the respondent No.4 submits that the respondent No.4 had purchased the land from Sri. S. Srinivas. He further submits that the petitioner herein filed Original Suit No.57/2024 before the competent Civil Court at Chintamani. Accordingly, he sought for dismissal of the petition. - 5 - HC-KAR CNR: KAHC010385582023 NC: 2026:KHC:42295 WP NO.16514 OF 2023 5. Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents 1 to 3 sought to justify the impugned order passed by the respondent No.3 6. In the light of submission made by learned counsel appearing for the parties, on careful perusal of the writ papers, particularly, the order dated 20th December, 2021 (Annexure- J) passed by the respondent No.1-Deputy Commissioner, it is forthcoming that the vendor of the respondent No.4 viz., Sri. S. Srinivasa had suffered an order passed by the respondent No.1. In that view of the matter, the respondent No.3 ought to have entered the name of the petitioner herein in the revenue records in respect of the subject land instead of relegating the petitioner herein to approach the competent Civil Court to establish her right over the subject land. Accordingly, I find force in the submission made by learned counsel appearing for the petitioner that the name of the petitioner herein has to be entered in the revenue records. Hence I pass the following: O R D E R (i) Writ Petition allowed; - 6 - HC-KAR CNR: KAHC010385582023 NC: 2026:KHC:42295 WP NO.16514 OF 2023 (ii) Order dated 30th May, 2023 (Annexure-L) passed by the respondent No.3 in Case No.RA(DS)CR/117/2022-233 is hereby set- aside; (iii) Respondent No.3 is directed to enter the name of the petitioner in the revenue records in respect of the subject land within one month from the date of receipt of this order; (iv) Liberty is reserved to the respondent No.4 to establish his right over the subject land in a manner known to law. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 58