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2026 DAILYLAW 35391 (KAR)

SMT SUNANDAMMA v. THE STATE OF KARNATAKA

WP/22951/2026 · 2026-07-30

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010507362026 NC: 2026:KHC:39773 WP No. 22951 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 22951 OF 2026 (KLR-RES) BETWEEN: 1. SMT SUNANDAMMA W/O LATE NANJUNDAPPA, AGED ABOUT 75 YEARS, 2. SRI HARISH, S/O LATE NANJUNDAPPA, AGED ABOUT 48 YEARS, 3. SMT NALINI, D/O LATE NANJUNDAPPA, W/O SRINIVASA REDDY, AGED ABOUT 49 YEARS, 4. SMT MEENA, D/O LATE. NANJUNDAPPA, W/O B.H.CHANDRASHEKAR, AGED ABOUT 53 YEARS, 5. SMT SUNITHA, D/O LATE NANJUNDAPPA, W/O SRINIVAS REDDY, AGED ABOUT 52 YEARS ALL ARE R/AT THALAGAVARA VILLAGE, KAIVARA HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563 128. …PETITIONERS (BY SRI VISWESWARAIAH S, ADVOCATE) Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010507362026 NC: 2026:KHC:39773 WP No. 22951 of 2026 AND: 1. THE STATE OF KARNATAKA, REP., BY ITS CHIEF SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR - 563101. 3. THE ASSISTANT COMMISSIONER, KOLAR SUB-DIVISION, KOLAR - 563101. 4. THE TAHSILDAR, KOLAR TALUK, KOLAR - 563101. 5. SRI VENKATARAVANAPPA, S/O LATE SUBBARAYAPPA, AGED ABOUT 75 YEARS, R/AT THALAGAVARA VILLAGE, KAIVARA HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT - 563 128. …RESPONDENTS (BY SRI KALYAN R, ADV. FOR C/R5, SMT B P RADHA, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI/ANY OTHER APPROPRIATE WRIT OR DIRECTION FOR QUASHING THE ORDER PASSED BY THE 2ND RESPONDENT IN CASE NO.RAP/407/2025 DATED 15.06.2026 PRODUCED AT ANNEXURE-A, BY ALLOWING THIS WRIT PETITION WITH COSTS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR CNR: KAHC010507362026 NC: 2026:KHC:39773 WP No. 22951 of 2026 ORAL ORDER Learned Additional Government Advocate accepts notice on behalf of respondents No.1 to 4. Respondent No.5/Caveator is represented by Sri.Kalyan R., the learned counsel. 2. In this Writ Petition, petitioners are assailing the order dated 15.06.2026 (Annexure-A) passed by the respondent No.2. 3. Sri.Visweswaraiah S., learned counsel appearing for the petitioners while referring to the impugned order at Annexure-A submitted that respondent No.2 has arrived at the conclusion that petitioners have no title in respect of the land in question and accordingly, has decided the title wherein respondent No.2 has no jurisdiction to interfere with the title in respect of the parties are concerned and accordingly sought for interference of this Court. 4. Per contra, Sri.Kalyan R., counsel appearing for respondent No.5/Caveator has referred to the proceedings pending in O.S.No.103/2013 on the file of Civil Judge and JMFC at Kolar, wherein, the registered sale deed is in question before - 4 - HC-KAR CNR: KAHC010507362026 NC: 2026:KHC:39773 WP No. 22951 of 2026 the Trial Court and therefore sought for dismissal of the Writ Petition and also contended that, Form No.7 proceedings has been concluded with conferment of occupancy right in terms of the order dated 14.02.2023 and therefore submitted that the impugned order at Annexure-A requires to be confirmed. 5. Learned Additional Government Advocate sought to justify the impugned order. 6. In the light of the submission made by the learned counsel appearing for the parties and on careful consideration of the finding recorded by respondent No.2 would indicate that respondent No.2 has determined the title in respect of the subject land in favour of the private respondents by nullifying the registered instruments. 7. In that view of the matter, I am of the view that, the Revenue authorities have no jurisdiction to interfere and to decide the title of the parties in a fiscal proceedings. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioners. Accordingly, I pass the following: - 5 - HC-KAR CNR: KAHC010507362026 NC: 2026:KHC:39773 WP No. 22951 of 2026 ORDER (i) The Writ Petition is allowed. (ii) The Order dated 15.06.2026 passed by respondent No.2 (Annexure-A) is accordingly set aside and the matter is remitted to respondent No.2 to reconsider the issue afresh after affording opportunity of hearing the petitioners as well as respondent No.5 herein. (iii) Since the parties are represented through their respective counsel, parties are directed to appear before respondent No.2 on 28.08.2026 at 03.00 p.m. (iv) All contentions of the parties are kept open. Sd/- (E.S.INDIRESH) JUDGE GVP List No.: 1 Sl No.: 34