Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 36583 (KAR)

SRI MUNISHAMAPPA v. THE DEPUTY COMMISSIONER

WP/2311/2022 · 2026-08-19

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010050132022 NC: 2026:KHC:44543 WP NO.2311 OF 2022 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.2311 OF 2022 (KLR-RES) BETWEEN: 1. SRI. MUNISHAMAPPA S/O LATE CHIKKAVEERAPPA, AGED ABOUT 82 YEARS. 2. NARAYANAPPA S/O LATE CHIKKAVEERAPPA, AGED ABOUT 67 YEARS. BOTH ARE RESIDING AT: DODDASHIVARA GRAMA, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. …PETITIONERS (BY SRI. SOMASEKHARA K.H., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR - 563 101. 2. THE ASSITANT COMMISSIONER KOLAR SUB-DIVISION, KOLAR DISTRICT - 563 101. 3. THE TAHASILDAR MALUR TALUK, MALUR - 563 130. 4. SRI. SHIVANNA S/O LATE KALLAPPA, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010050132022 NC: 2026:KHC:44543 WP NO.2311 OF 2022 AGED ABOUT 58 YEARS, R/AT DODDASHIVARA GRAMA, KASBA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 130. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R3; SRI. RAMAKRISHNA HEGDE, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 08TH DECEMBER, 2021 PASSED BY THE RESPONDENT NO.1 IN CASE NO.R.A.P/103/2017 VIDE ANNEXURE-A; QUASH THE ORDER DATED 28TH FEBRUARY, 2017 PASSED BY THE RESPONDENT NO.2 IN CASE NO.R.A.452/2014-15 VIDE ANNEXURE-L; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this petition, petitioners are challenging the order dated 08th December, 2021 (Annexure-A) passed by the respondent No.1 in Case No.R.A.P/103/2017 and order dated 28th February, 2017 (Annexure-L) passed by the respondent No.2 in Case No.R.A.452/2014-15. 2. Heard Sri. Somashekhara K.H., learned counsel appearing for petitioners; Smt. B.P. Radha, learned Additional Government Advocate appearing for respondents 1 to 3; and - 3 - HC-KAR CNR: KAHC010050132022 NC: 2026:KHC:44543 WP NO.2311 OF 2022 Sri. Ramakrishna Hegde, learned counsel appearing for the respondent No.4. 3. Having Heard the learned counsel appearing for the parties, on careful perusal of finding recorded by both the respondents 1 and 2 in the impugned orders, it is forthcoming that the petitioners were relegated to establish their right over the property in question before the competent Civil Court. At this juncture, as submitted by learned counsel appearing for petitioners, petitioners have filed Original Suit No.305/2026 before the Senior Civil Judge and JMFC., Malur for the relief of declaration and same is pending consideration. In that view of the matter, any entry made in the revenue records in respect of the property in question, is subject to result of judgment and decree that may be passed by the Civil Court in the aforementioned suit. With this observation, writ petition stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 8