- 1 - HC-KAR CNR: KAHC010517072026 NC: 2026:KHC:42173 WP No. 23563 of 2026 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. 23563 OF 2026 (KLR-RES) BETWEEN: SMT. SHANTHAMMA, W/O SRI. VENKATESH REDDY, AGED ABOUT 62 YEARS, R/AT KAVALA HOSAHALLI, CHANDAPURA HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT - 562 106. …PETITIONER (BY SRI. VISWESWARAIAH S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR - 563 101. 3. THE ASSISTANT COMMISSIONER, KOLAR SUB-DIVISION, KOLAR - 563 101. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010517072026 NC: 2026:KHC:42173 WP No. 23563 of 2026 4. THE TAHSILDAR, MALUR TALUK, MALUR - 563 130. 5. THE REVENUE INSPECTOR, KASABA HOBLI, MALUR TALUK - 563 130. 6. SMT. LAKSHMAMMA, S/O SRI. MUNISHAMI REDDY, AGED MAJOR, R/AT KASAVAGUTTA VILLAGE, M.G.R COLLEGE POST, HOSUR TALUK, KRISHNAGIRI DISTRICT, TAMIL NADU - 635 109. …RESPONDENTS (BY SMT.B.P.RADHA, AGA FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE ORDER PASSED BY THE 3RD RESPONDENT IN CASE NO.RA/139/2024 DATED 07.03.2025 AND THE 2ND RESPONDENT IN CASE NO.RAP/391/2025 DATED 08.06.2026 PRODUCED AT ANNEXURE-A AND B RESPECTIVELY, BY ALLOWING THE 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: KAHC010517072026 NC: 2026:KHC:42173 WP No. 23563 of 2026 ORAL ORDER Learned Additional Government Advocate accepts notice for the respondent Nos.1 to 5. 2. In this writ petition, the petitioner is assailing the Order dated 07.03.2025 passed by respondent No.3 (Annexure-A) and order dated 08.06.2026 passed by respondent No.2 (Annexure-B). 3. Heard Sri. Visweswaraiah S., learned counsel appearing for the petitioner and Smt. B.P.Radha, learned AGA for respondent Nos.1 to 5. 4. Sri. Visweswaraiah S., learned counsel appearing for the petitioner contended that, the claim made by the petitioner is based on the registered gift deed made in favour of the petitioner herein. However, the said aspect of the matter has not been considered by the respondent-authorities. Accordingly, sought for interference of this Court. 5. Per contra, Smt. B.P.Radha, learned AGA appearing for the respondents-State sought to justify the impugned orders and also sought for dismissal of the writ petition. - 4 - HC-KAR CNR: KAHC010517072026 NC: 2026:KHC:42173 WP No. 23563 of 2026 6. In the light of the submission made by learned counsel appearing for the parties and on careful consideration of the finding recorded by the respondent-authorities, it would indicate that, the original owner of the land in question Abbaiah @ Venkata Reddy, Muniyamma and Munireddy had executed the registered gift deed dated 18.06.1985 in favour of the petitioner, as well as the respondent No.6. However, the perusal of the writ petition would indicate that there was a suit in between the parties in OS No.535/2008, wherein, the claim made by the petitioner herein in the said suit is by way of adverse possession. 7. In that view of the matter, taking into consideration the said finding has been rejected by the Trial Court in OS No.535/2008, despite the fact that later the appeal filed by petitioner is came to be allowed by the First Appellate Court in RA No.26/2014 as per Annexure-E, I am of the view that the impugned orders passed by the respondent-authorities to maintain the khata in favour of both the petitioner and the respondent No.6 is just and proper, do not call for interference in this petition. However, it is made clear, it is open for the - 5 - HC-KAR CNR: KAHC010517072026 NC: 2026:KHC:42173 WP No. 23563 of 2026 petitioner to establish a right over the property in a manner know to law. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE BH List No.: 1 Sl No.: 25