- 1 - HC-KAR CNR: KAHC010665972025 NC: 2026:KHC:48967 WP No. 31113 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.31113 OF 2025 (KLR-RES) BETWEEN: LATE H.S. SHANKAREGOWDA SINCE DEAD BY HIS LRS. WHO ARE ALREADY ON RECORD AS PETITIONERS 1. SMT. H.S. KAVITHA, D/O. H.S. SHANKARE GOWDA, AGED ABOUT 45 YEARS, RESIDING AT HALTHI VILLAGE, MYLARAPATTNA POST, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT, KARNATAKA-571 432. 2. SMT. H.S. RAGHAVENDRA, D/O. H.S. SHANKARE GOWDA, AGED ABOUT 42 YEARS, RESIDING AT HALTHI VILLAGE, MYLARAPATTNA POST, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010665972025 NC: 2026:KHC:48967 WP No. 31113 of 2025 KARNATAKA-571 432. 3. SMT. H.S. SAVITHA, D/O. H.S. SHANKARE GOWDA, AGED ABOUT 41 YEARS, RESIDING AT HALTHI VILLAGE, MYLARAPATTNA POST, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT, KARNATAKA-571 432. …PETITIONERS (BY SRI. SOMASHEKHARA K.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, DEPARTMENT OF REVENUE, M. S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, NAGAMANGALA TALUK, MANDYA DISTRICT, KARNATAKA-571 432. 3. THE ASSISTANT COMMISSIONER, PANDAVAPURA TALUK, MANDYA DISTRICT, KARNATAKA-571 434. - 3 - HC-KAR CNR: KAHC010665972025 NC: 2026:KHC:48967 WP No. 31113 of 2025 4. THE TAHSILDAR, NAGAMANGALA TALUK, MANDYA DISTRICT, KARNATAKA-571 432. 5. SRI. H.M. VENKATESH, S/O MUDALAGIRIGOWDA, AGED MAJOR, RESIDING AT HALTHI VILLAGE, MYLARAPATTNA POST, KASABA HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT, KARNATAKA-571 432. LATE N. SADASHIVAN S/O. LATE NANJAIAH, SINCE DEAD REPRESENTED BY HIS LR'S (LATE N. SADASHIVAN IS NOT MADE PARTY BEFORE RESPONDENT NO. 2 BUT IS A PARTY BEFORE RESPONDENT NO. 3.) 6. SMT. GIRIJA, W/O. LATE N. SADASHIVAN, AGED MAJOR, R/AT MUTHIGHATTA VILLAGE, HIRISAVE HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT, KARNATAKA-573 124. - 4 - HC-KAR CNR: KAHC010665972025 NC: 2026:KHC:48967 WP No. 31113 of 2025 7. SMT. PREYASI, D/O. LATE N. SADASHIVAN, AGED MAJOR, R/AT MUTHIGHATTA VILLAGE, HIRISAVE HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT, KARNATAKA-573 124. …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1 TO R4; SRI. R.S. RAVI, ADVOCATE FOR SRI. R.S. UMESH, ADVOCATE FOR C/R5 ) ***************** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.06.2025 PASSED BY THE DEPUTY COMMISSIONER RESPONDENT NO.2 IN PROCEEDINGS BEARING RP NO.137/2023 VIDE ANNEXURE - A; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR CNR: KAHC010665972025 NC: 2026:KHC:48967 WP No. 31113 of 2025 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this Writ Petition, petitioners are assailing the order dated 10.06.2025 (Annexure-A) passed by respondent No.2. 2. Sri. Somashekara K.M., learned counsel appearing for the petitioners submitted that the predecessor of the petitioner has acquired the land in question as per the registered sale deed dated .. and further, the dispute relating to title is pending consideration before the competent Civil Court in O.S.No.155/2008 and the said aspect of the matter was properly dealt with by respondent No.3, however, the same has been erroneously interfered with by respondent No.2 in the impugned order and accordingly sought for interference of this Court. 3. Per contra, Sri. R.S. Ravi, learned Senior Counsel appearing on behalf of Sri. R.S. Umesh, learned counsel for respondent No.5, contended that, since the petitioners are claiming right over the property based on the registered sale deed dated 25.06.1946 and the suit is pending consideration - 6 - HC-KAR CNR: KAHC010665972025 NC: 2026:KHC:48967 WP No. 31113 of 2025 before the competent Civil Court, and as respondent No.5 is claiming right over the property based on the registered sale deed dated 14.11.2003, and therefore submitted that the impugned order passed by respondent No.2 is required to be set aside. 4. Learned Additional Government Advocate sought to justify the impugned order passed by respondent No.2. 5. In the light of the submissions made by the learned counsel appearing for the parties and on careful consideration of the material on record would indicate that the petitioner is claiming right over the property based on the registered sale deed dated 25.06.1946 and on the other hand, the respondent No.5 herein is claiming right over the property based on the registered sale deed dated 14.11.2003. In that view of the matter taking into consideration that O.S.No.155/2008 is pending consideration before the competent Civil Court, I am of the view that there is no interference required to be made in this Writ Petition. - 7 - HC-KAR CNR: KAHC010665972025 NC: 2026:KHC:48967 WP No. 31113 of 2025 6. In the result, the Writ Petition is dismissed. However, it is open for the parties to approach the competent authority after conclusion of the suit in O.S.No.155/2008 before the Civil Court. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 15