Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010027612024 NC: 2026:KHC:45915 WP No. 2014 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.2014 OF 2024 (KLR-RES)
BETWEEN:
SRI.T.P.YATHISH AGED ABOUT 42 YEARS S/O LATE PUTTAPPA T G R/AT THYAGADAKATTE VILLAGE SHIVANI HOBLI, AJJAMPURA TALUK CHIKMAGALURU DISTRICT PINCODE - 577549
…PETITIONER (BY SRI. H MALATESH, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REPRESENTED BY ITS SECRETARY VIDHANA SOUDHA BENGALURU-01
2.
THE DISTRICT COMMISSIONER CHIKMAGALURU DISTRICT CHIKAMAGALURU PIN CODE - 577101
3.
THE ASSISTANT COMMISSIONER TARIKERE SUB DIVISION
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010027612024 NC: 2026:KHC:45915 WP No. 2014 of 2024
TARIKERE PIN CODE - 577226
4. TAHASILDAR TARIKERE TQ TARIKERE PIN CODE - 577226
5. SRI.RAJAPPA AGED 50 YEARS S/O GAVIRANGAPPA BIN THIMMANNA R/AT THYAGADAKATTE VILLAGE SHIVAJI HOBLI AJJAMPURA TQ CHIKMAGALURU DISTRICT PIN CODE - 577549
6. SMT.SIDDHARAMAKKA AGED ABOUT 67 YEARS D/O GAVIRANGAPPA BIN THIMMANNA BALEKERE VILLAGE HOSADURGA TQ CHITHRADURGA DISRICT PIN CODE - 577548
7. SMT.RATHNAMMA AGED ABOUT 68 YEARS D/O LATE GAVIRANGAPPA BIN THIMMANNA R/AT THYAGADAKATTA VILLAGE SHIVAJI HOBLI AJJAMPURA TQ CHIKMAGALURU DISTRICT PIN CODE - 577549
8. SMT.PUTTAMMA AGED ABOUT 69 YEARS
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HC-KAR
CNR: KAHC010027612024 NC: 2026:KHC:45915 WP No. 2014 of 2024
D/O LATE GAVIRANGAPPA BIN THIMMANNA AREHALLI VILLAGE HIRENALLURU HOBLI KADURU TQ PIN CODE - 577116
…RESPONDENTS (BY SRI.SPOORTHY HEGDE N, HCGP FOR R.1 TO R.4;
SMT.SHRUTHI S.P., ADVOCATE FOR R.5 TO R.8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
ORDER DATED 25/10/2023 PASSED BY THE R2 IN R.P.NO.03/2023, PRODUCED AS ANNEXURE-A 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
The petitioner is assailing the order dated 25.10.2023 (Annexure-A) passed by respondent No.2 and
order dated 22.09.2022 (Annexure-B) passed by respondent No.3.
2. Having heard the learned counsel appearing for the parties and on careful consideration of the order
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HC-KAR
CNR: KAHC010027612024 NC: 2026:KHC:45915 WP No. 2014 of 2024
dated 22.09.2022 (Annexure-B) passed by respondent No.3, it is noticed that MR No.H13/2020-21 stood in the name of Puttappa and was subsequently modified by the respondent - authorities without impleading Puttappa as a party to the proceedings at Annexure-B. However, the said
order at Annexure-B passed by respondent No.3 is erroneously confirmed by respondent No.2.
3. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioner, as the petitioner is claiming right over the property of Sri.Gavirangappa (grandfather of the petitioner) and after his demise, the revenue entries were mutated in the name of the father of the petitioner - Puttappa as per MR No.H13/2020-21 dated 17.02.2021.
4. In that view of the matter, both respondent Nos.2 and 3 have committed an error in not considering the material on record in the proper perspective and
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HC-KAR
CNR: KAHC010027612024 NC: 2026:KHC:45915 WP No. 2014 of 2024
therefore, erroneous orders have been passed at Annexures-A and B.
5. In the result, I proceed to pass the following;
ORDER
(i) The writ petition is allowed.
(ii) The order dated 25.10.2023 (Annexure-A) passed by respondent No.2 in R.P.No.03/2023 and the
order dated 22.09.2022 (Annexure-B) passed by respondent No.3 in case No.283/2022-23 are hereby set-aside.
(iii) The revenue Authorities shall continue the revenue entries in the name of the father of the petitioner in terms of MR No.H13/2020-21.
(iv) It is open for the private respondents herein to establish their right over the land in question in the manner known to law.
Sd/- (E.S.INDIRESH) JUDGE
NBM List No.: 1 Sl No.: 58