- 1 - HC-KAR CNR: KAHC010282662025 NC: 2026:KHC:44533 WP NO.14579 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.14579 OF 2025 (KLR-RES) BETWEEN: SRI. CHANDRAMOULESHWARA SHIVACHARYA SWAMIGALU MATHADHIPATHI OF SRI. RAMALINGESHWARA MUTT, HARANAHALLI, SHIVAMOGGA TALUK - 577 201. NOW CAMP AT: NO.92/10, 12TH 'C' MAIN, 6TH BLOCK, RAJAJINAGAR, BENGALURU - 560 010. …PETITIONER (BY SRI. DHANANJAYA JOSHI, SENIOR ADVOCATE FOR SRI. V. SUDHINDRA MURTHY, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU DISTRICT, BENGALURU - 560 001. 3. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION, BENGALURU - 560 001. 4. THE SPECIAL TAHSILDAR BENGALURU NORTH ADDL., Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010282662025 NC: 2026:KHC:44533 WP NO.14579 OF 2025 YELAHANKA, BENGALURU - 560 064. 5. M/S STANDARD BRICKS AND TILES CO., (REGD. UNDER COMPANIES ACT) YELAHANKA, BENGALURU NORTH TALUK, BENGALURU - 560 106. REP. BY ITS MANAGING DIRECTOR, 6. SRI. K.V. JAYAPRAKASH S/O K. VISHWANATH SHETTY, AGED ABOUT 69 YEARS, R/AT NO.166, K.R.S. ROAD, VASAVI TEMPLE STREET, VISHWESHWARAPURAM, BENGALURU - 560 004. 7. SRI. Y.R. KRISHNAMURTHY, YELAHANKA VILLAGE, YELAHANKA HOBLI AND TALUK, BENGALURU - 560 064. 8. SRI. C.K. SOMASHEKAR YELAHANKA VILLAGE, YELAHANKA HOBLI AND TALUK, BENGALURU - 560 064. 9. BRIGADE ENTERPRISES LIMITED (REGD. UNDER COMPANIES ACT) 29TH AND 30TH FLOORS, WORLD TRADE CENTRE, BRIGADE GATEWAY CAMPUS, 26/1, DR. RAJKUMAR ROAD, MALLESHWARAM-RAJAJINAGAR, BENGALURU - 560 055. BY ITS MANAGING DIRECTOR. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R4; SRI. W.M. SUNDARAMURTHY, ADVOCATE FOR C/R5 AND R6) - 3 - HC-KAR CNR: KAHC010282662025 NC: 2026:KHC:44533 WP NO.14579 OF 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 17TH FEBRUARY, 2025 PASSED BY THE RESPONDENT NO.2 IN CASE NO.R.P:258/2024 VIDE ANNEXURE-AB AND ALSO ORDER DATED 08TH MARCH, 2021 PASSED BY THE RESPONDENT NO.3 IN CASE NO.R.A. (BNA)12/2015-16 VIDE ANNEXURE-Sac, CONSEQUENTLY ALLOW THE R.A.(BNA)12/2015-16; 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 ORAL ORDER In this petition, the petitioner is challenging the order dated 17th February, 2025 (Annexure-AB) passed by the respondent No.2 in Case No.R.P:258/2024 and order dated 08th March, 2021 (Annexure-Z) passed by the respondent No.3 in Case No.R.A.(BNA)12/2015-16. 2. Heard Sri. Dhananjaya Joshi, learned Senior Counsel on behalf of Sri. V. Sudhindra Murthy, appearing for the petitioner; Smt. B.P. Radha, learned Additional Government Advocate appearing for respondents 1 to 4; and Sri. W.M. - 4 - HC-KAR CNR: KAHC010282662025 NC: 2026:KHC:44533 WP NO.14579 OF 2025 Sundaramurthy, learned counsel appearing for respondents 5 and 6. 3. Sri. Dhananjaya Joshi, learned Senior Counsel appearing for the petitioner invited the attention of the Court to order dated 01st July, 2019 (Annexure-Y) passed in Writ Appeal Nos.5875-5877/2017 particularly to paragraph 5 therein and contended that, though the Original Suit No.753/2018 is filed seeking relief of permanent injunction, the Division Bench of this Court had made an observation that the said suit is filed for declaratory relief. In this regard, learned Senior Counsel, by placing the judgment and decree dated 21st August, 2024 passed in Original Suit No.753/2018 on the file of the III Additional Civil Judge and JMFC., Shivamogga contended that, both the respondents 2 and 3 have misconstrued the aforementioned aspect and passed the impugned orders, which requires interference in the present petition. 4. Per contra, Sri. W.M. Sundaramurthy, learned counsel appearing for respondents 5 and 6 submits that the respondents 5 to 9 are claiming right over the property in question based on the registered Sale Deed and accordingly, - 5 - HC-KAR CNR: KAHC010282662025 NC: 2026:KHC:44533 WP NO.14579 OF 2025 the respondents 2 and 3 have passed the impugned orders based on the order passed by the Division Bench of this Court in Writ Appeal Nos.5875-5877/2017. Accordingly, he submits that the impugned orders passed by the respondent-Authorities are just and proper, which does not call for interference by this Court in the present petition. 5. Smt. B.P. Radha, learned Additional Government Advocate appearing for respondents 1 to 4 sought to justify the impugned order passed by the respondents 2 and 3. 6. In the light of the submission made by learned counsel appearing for the parties, on careful examination of order dated 01st July, 2019 (Annexure-Y) passed in Writ Appeal No.5875-5877/2017, it is forthcoming that the Division Bench of this Court at paragraph No.5 had observed that the parties have to establish their right over the property in question before the Competent Civil Court. In that view of the matter, taking into consideration the fact that, both the respondents 2 and 3 have also relegated the petitioner to establish right over the property in question before the competent Civil Court, I am of the view that, no interference be called for in this petition. - 6 - HC-KAR CNR: KAHC010282662025 NC: 2026:KHC:44533 WP NO.14579 OF 2025 Accordingly, reserving liberty to the petitioner to approach the competent authorities for modifying the mutation entries after establishing right before competent Civil Court in respect of the property in question, writ petition is dismissed. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 10