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2026 DAILYLAW 39771 (KAR)

SRI KARIYAPPA v. THE DISTRICT COMMISSIONER

WP/37677/2025 · 2026-09-10

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010798812025 NC: 2026:KHC:49403 WP No. 37677 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.37677 OF 2025 (KLR-RES) BETWEEN: 1. SRI. KARIYAPPA S/O.MUNI BYRAPPA SINCE DEAD BY LRS SRI. K. SHIVAKUMAR S/O. LATE KARIYAPPA AGED ABOUT 53 YEARS R/AT DODDAKOLIGA VILLAGE, SULEBELE HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, BENGALURU-562129. …PETITIONER (BY SRI. H. RAMACHANDRA, ADVOCATE) AND: 1. THE DISTRICT COMMISSIONER BENGALURU RURAL DISTRICT, BENGALURU – 562 114. 2. THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB-DIVISION, BENGALURU RURAL DISTRICT, BENGALURU-561203. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010798812025 NC: 2026:KHC:49403 WP No. 37677 of 2025 3. THE TAHSILDAR HOSKOTE TALUK, BENGALURU RURAL DISTRICT, BENGALURU-562129. 4. SMT. MUNITHAYAMMA W/O.MUNIBACHANNA AGED : MAJOR R/AT GULLAHALLI VILLAGE, SULEBELE HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT, BENGALURU-562129. …RESPONDENTS (BY SRI. ADITYA DIWAKAR, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED IN R.P.NO. 169/2024 DATED 30.10.2025 BYTHE RESPONDENT NO.1 - THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, BENGALURU VIDE ANNEXURE-H AND RESTRAIN THE ORDER PASSED BY THE RESPONDENT NO.2 IN R.A.NO. 78/2012-13 DTD. 22.11.2016 ANNEXURE-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR CNR: KAHC010798812025 NC: 2026:KHC:49403 WP No. 37677 of 2025 ORAL ORDER Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3. 2. In this writ petition, the petitioner is assailing the order dated 28.10.2025, produced as Annexure-H, passed by respondent No.1. 3. Heard the learned counsel appearing for the parties. 4. Having heard the learned counsel appearing for the parties, it is forthcoming that the petitioner is claiming right over the subject property on the basis of a registered sale deed dated 22.07.1970. On the other hand, the private respondent is claiming right over the very same property on the basis of a registered sale deed dated 01.12.1998. 5. In view of the rival claims of the parties with regard to their title over the subject property, the - 4 - HC-KAR CNR: KAHC010798812025 NC: 2026:KHC:49403 WP No. 37677 of 2025 revenue authorities were justified in directing the petitioner to establish his right and title over the property before the competent Civil Court in accordance with law. More particularly, the petitioner has approached the revenue authorities seeking change of khata after a lapse of nearly 42 years from the date of the alleged acquisition of the property. 6. In that view of the matter, I am of the opinion that the order passed by the respondent authorities does not call for interference by this Court in exercise of its writ jurisdiction. Accordingly, the writ petition stands dismissed. It is open to the petitioner to establish his right and title over the subject property before the competent Civil Court, in accordance with law. Sd/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 22