- 1 - HC-KAR CNR: KAHC010039962024 NC: 2026:KHC:48126 WP No. 2878 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.2878 OF 2024 (KLR-RES) BETWEEN: 1. SMT. GANGARATHNAMMA W/O LATE T.S. GOPALAKRISHNA SINCE DECEASED, REPRESENTED BY LRS. 1(a). SRI. T.G. NAGESH S/O LATE T.S. GOPALAKRISHNA AGED ABOUT 58 YEARS R/AT THARANUNASE VILLAGE & POST JALA HOBLI BENGALURU NORTH TALUK BENGALURU – 562 157. 1(b). SRI. T.G. SRINIVAS S/O LATE T.S. GOPALAKRISHNA AGED ABOUT 53 YEARS R/AT THARANUNASE VILLAGE & POST JALA HOBLI BENGALURU NORTH TALUK BENGALURU – 562 157. 1(c). SRI. T.G. MURALIDHAR S/O LATE GOPALAKRISHNA AGED ABOUT 52 YEARS R/AT THARANUNASE VILLAGE & POST Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010039962024 NC: 2026:KHC:48126 WP No. 2878 of 2024 JALA HOBLI BENGALURU NORTH TALUK BENGALURU – 562 157. 1(d). SRI. T.G. SHAMA SUNDAR S/O LATE GOPALAKRISHNA AGED ABOUT 49 YEARS R/AT THARANUNASE VILLAGE & POST JALA HOBLI BENGALURU NORTH TALUK BENGALURU – 562 157. 1(e). SMT. T.G. GAYATHRI D/O LATE GOPALAKRISHNA AGED ABOUT 52 YEARS R/AT THARANUNASE VILLAGE & POST JALA HOBLI BENGALURU NORTH TALUK BENGALURU – 562 157. 1(f). SMT. T.G. VEDAVATHI D/O LATE GOPALAKRISHNA AGED ABOUT 52 YEARS R/AT THARANUNASE VILLAGE & POST JALA HOBLI BENGALURU NORTH TALUK BENGALURU – 562 157. ALL ARE REPRESENTED BY GPA HOLDER SRI. K. VEERANNA S/O LATE KEMPANNA AGED ABOUT 58 YEARS R/AT ADDIGANAHALLI RAJANUKUNTE POST - 3 - HC-KAR CNR: KAHC010039962024 NC: 2026:KHC:48126 WP No. 2878 of 2024 HESARGHATTA HOBLI BENGALURU NORTH TALUK BENGALURU – 560 064. …PETITIONERS (BY SRI.RISIKESH M.K., ADVOCATE FOR SRI. NISCHAL DEV, ADVOCATE FOR P1(a TO f)) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU 560001 REP BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT OFFICE OF DEPUTY COMMISSIONER BEHIND KANDAYA BHAVAN BENGALURU 560001 3. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB DIVISON 2ND FLOOR KANDAYA BHAVAN BENGALURU 560001 4. THE TAHSILDAR BENGALURU NORTH (ADDL) TALUK MINI VIDHANA SOUDHA YELAHANKA BENGALURU 560064 - 4 - HC-KAR CNR: KAHC010039962024 NC: 2026:KHC:48126 WP No. 2878 of 2024 5. THE SPECIAL TAHASILDAR BENGALURU NORTH (ADDL) TALUK MINI VIDHANAA SOUDHA YELAHANKA BENGALURU 560064 …RESPONDENTS (BY SRI. SPOORTHY HEGDE N.,HCGP FOR R1 O R5; V/O DATED 05.07.2024 NOTICE TO R6 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 31.10.2023 IN RP 290/22 (AS PER ANNEXURE-A ) PASSED BY THE RESPONDENT NO.2 IN RESPECT OF SURVEY NO. 67 MEASURING 3 ACRES 34 GUNTAS (INCLUDING 6 GUNTAS OF KHARAB) PRESENTLY SY.NO. 67/1 MEASURING 4 ACRES (EXCLUDING 2 GUNTAS OF KHARAB) OF ADDIGANAHALLI VILLAGE, HESARAGHATTA HOBLI, YALAHANKA TALUK; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 5 - HC-KAR CNR: KAHC010039962024 NC: 2026:KHC:48126 WP No. 2878 of 2024 ORAL ORDER In this writ petition, the petitioners are assailing the order dated 31.10.2023 passed by Respondent No. 2 in R.P. No. 290/2020, produced as Annexure-A, and the order dated 20.04.2022 passed by Respondent No.3, produced as Annexure-B, in respect of the land in question. 2. The relevant facts for adjudication of the case, as averred in the writ petition, are that the land bearing Sy. No. 67, measuring 3 acres, 34 guntas, including 6 guntas of phoot kharab, out of a total extent of 6 acres 22 guntas, situated at Addiganahalli Village, Hesaragatta Hobli, Bengaluru North Taluk, is the subject matter of the present proceedings. 3. It is the case of the petitioner that the land bearing Sy. No. 67, measuring 6 acres 22 guntas, originally belonged to Sri H.S. Shamarao, the father- - 6 - HC-KAR CNR: KAHC010039962024 NC: 2026:KHC:48126 WP No. 2878 of 2024 in-law of the original petitioner, Smt. Gangarathnamma. It is stated that the father-in-law of the original petitioner acquired the land in question through a Public Auction Sale dated 07.12.1957, as per Annexure-C. Thereafter, the Index of Lands and other revenue records came to be entered in the name of the father-in-law of the petitioner. The petitioners have produced the Demand Register Extract and RTC Extracts as per Annexures-D and E, respectively. 4. The father-in-law of the original petitioner, H.S. Shamarao, died on 15.09.1975, leaving behind his son, T.S. Gopalakrishna, and the original petitioner, Smt. Gangarathnamma. It is further stated that the husband of the petitioner, T.S. Gopalakrishna, died on 18.10.2009, leaving behind the original petitioner- Smt. Gangarathnamma as his legal heir. - 7 - HC-KAR CNR: KAHC010039962024 NC: 2026:KHC:48126 WP No. 2878 of 2024 5. It is the grievance of the petitioners that an extent of 2 acres 22 guntas out of the total extent of 6 acres 22 guntas in Sy. No. 67 was granted in favour of one A.N. Kempegowda on 23.12.1993 in LRF No. 936/1974-75. Thereafter, Form No. 10 was issued in his favour accordingly, as per Annexure-G. 6. It is further stated in the writ petition that the original petitioner came to know of the said grant when the RTC Extracts came to be changed in the name of Sri Cholanayakanahalli Krishnappa V., as per Annexure-H. According to the petitioners, since the land in question belongs to original petitioner- Smt. Gangarathnamma, the entry made in the RTC Extracts in the name of Sri Cholanayakanahalli Krishnappa V. is incorrect. Therefore, the original petitioner preferred R.A. No. 133/2018 before Respondent No. 3, as per Annexure-B. The said appeal came to be dismissed. - 8 - HC-KAR CNR: KAHC010039962024 NC: 2026:KHC:48126 WP No. 2878 of 2024 7. Aggrieved by the dismissal of the appeal, the original petitioner has preferred R.P. No. 290/2022 before Respondent No. 2. The said revision petition also came to be dismissed by order dated 31.10.2023, as per Annexure-A. Being aggrieved by the same, the original petitioner has presented the present writ petition. 8. Heard Sri. Risikesh M. K., learned counsel appearing for the petitioners, and Sri. Spoorthy Hegde N., learned HCGP appearing for the respondent-State. 9. Sri. Risikesh M. K., learned counsel appearing for the petitioners contended that both the authorities have failed to consider the fact that the land in question was acquired by the father-in-law of the petitioner, H.S. Shamarao, through a public auction. It was further contended that the respondent- authorities, without properly considering the factual - 9 - HC-KAR CNR: KAHC010039962024 NC: 2026:KHC:48126 WP No. 2878 of 2024 aspects and the material available on record, have erroneously altered the revenue entries and deleted the name of the petitioner. Therefore, learned counsel sought interference by this Court. 10. Per contra, Sri. Spoorthy Hegde N., learned HCGP appearing for the respondent-State sought to justify the impugned orders passed by the respondent-authorities. 11. In the light of the arguments advanced by the learned counsel appearing for the parties, it is not in dispute that the land in question was acquired by H.S. Shamarao through a public auction sale dated 07.12.1957, as per Annexure-C. Thereafter, the respondent-authorities entered the name of H.S. Shamarao in the Demand Register Extract, produced as Annexure-D, and in the RTC Extracts produced as Annexure-E. - 10 - HC-KAR CNR: KAHC010039962024 NC: 2026:KHC:48126 WP No. 2878 of 2024 12. It is to be noted that H.S. Shamarao died on 15.09.1975, leaving behind his son, T.S. Gopalakrishna. Thereafter, T.S. Gopalakrishna died on 18.10.2009. Therefore, the wife of T.S. Gopalakrishna, namely, Sri. Gangarathnamma, who is the original petitioner in this writ petition, succeeded to the property in question. 13. In the meanwhile, the Land Tribunal, Bengaluru North Taluk, passed an order dated 14.10.1987 in LRF No. 936/1974-75, 15/1979-80 and 14/1979-80, whereby an extent of four acres of land was allotted in favour of the school by way of gift. 14. In view of the aforesaid facts, particularly taking into consideration that the land in question had been acquired by H.S. Shamarao through a public auction sale dated 07.12.1957, as per Annexure-C, I am of the opinion that both the respondent-authorities - 11 - HC-KAR CNR: KAHC010039962024 NC: 2026:KHC:48126 WP No. 2878 of 2024 have committed an error in interfering with the revenue records standing in the name of the father-in- law of the original petitioner. Accordingly, I pass the following: ORDER i. The writ petition is allowed. ii. The order dated 31.10.2023 passed by Respondent No. 2 in R.P. No. 290/2020, produced as Annexure-A, and the order dated 20.04.2022 passed by Respondent No.3, produced as Annexure-B, are hereby set aside. iii. Respondent No. 4 is directed to enter the name of the legal representatives of the original petitioner in respect of the land bearing Sy. No. 67 (New Sy. No. 67/1), measuring 4 acres, excluding 2 guntas of - 12 - HC-KAR CNR: KAHC010039962024 NC: 2026:KHC:48126 WP No. 2878 of 2024 karab, situated at Addiganahalli Village, Hesaraghatta Hobli, Yelahanka Taluk, within an outer limit of two months from the date of receipt of a certified copy of this order. SD/- (E.S.INDIRESH) JUDGE SB List No.: 2 Sl No.: 10