- 1 - HC-KAR CNR: KAHC010231152020 NC: 2026:KHC:50342 WP No. 9497 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 9497 OF 2020 (KLR-RES) BETWEEN: 1. SRI T.S. NARAYANA REDDY S/O SUBBARAYAPPA AGED ABOUT 50 YEARS. 2. SRI T.S VENKATESH @ P.V VENKATESHAPPA S/O PILLAPPA AGED ABOUT 50 YEARS BOTH THE PETITIONERS ARE R/AT TAVAREKERE VILLAGE KUDUMALA POST MULBAGAL TALUK KOLAR DIST-563131. …PETITIONERS (BY SMT.S SUSHEELA, SENIOR COUNSEL FOR SRI K ABHINAV ANAND, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KG ROAD, BENGALURU-560009. 2. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION KG ROAD, BENGALURU-560009. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010231152020 NC: 2026:KHC:50342 WP No. 9497 of 2020 3. THE TAHSILDAR BENGALURU EAST TALUK K.R. PURAM, BENGALURU BENGALURU DIST-560036. 4. SRI B.K CHANDREGOWDA S/O LATE P.KEMPANNA AGED ABOUT 64 YEAR. 5. SRI B.K MUNIRAJEGOWDA S/O LATE P.KEMPANNA AGED ABOUT 62 YEAR. 6. SRI B.K MANJUNATH S/O LATE P.KEMPANNA AGED ABOUT 51 YEARS. 7. SRI ANANDKUMAR S/O LATE P.KEMPANNA AGED ABOUT 48 YEARS. 8. SRI B.K ASHWATHANRAYANA S/O LATE P.KEMPANNA AGED ABOUT 44 YEARS. RESPONDENTS NOS.4 TO 8 ARE R/AT BHOGANAHALLI VILLAGE VARTHUR HOBLI BENGALURU-560087. 9. SMT LAKSHMAMMA W/O LATE VENKATARAMANAPPA AGED ABOUT 57 YEARS R/AT SIDDAPURA VILLAGE VARTHURU HOBLI BENGALURU EAST TALUK-560087. 10. SMT VENKATAMMA @ AKKAYAMMA W/O LATE VENKATAPPA AGED ABOUT 72 YEARS. - 3 - HC-KAR CNR: KAHC010231152020 NC: 2026:KHC:50342 WP No. 9497 of 2020 11. SMT. ANANDAMMA D/O LATE VENKATAPPA AGED ABOUT 38 YEARS. RESPONDENTS NO.10 AND 11 ARE R/AT THADUR BASAVAPATTANA SHIDLAGHATTA TALUK KOLAR DIST-562102. 12. SMT. KALAVATHI D/O LATE VENKATARAMANAPPA AGED ABOUT 37 YEARS BHOGANAHALLI VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK-560087. …RESPONDENTS (BY SRI ADITYA DIWAKARA, AGA, FOR R1 TO R3, SRI D N MANJUNATH, ADVOCATE FOR R4 TO R8, V/C/O DTD:19.01.2026 & 01.07.2026 NOTICE TO R9 TO R12 ARE H/S) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 25.06.2020, PASSED BY R-1 COURT, PASSED IN REVISION PETITION NO.482/2017-2018, COPY OF THE ORDER IS PRODUCED AT ANNEXURE-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, petitioners are assailing the order dated 25.06.2020 (Annexure-B) passed by respondent No.1 in RP No.482/2017-18. - 4 - HC-KAR CNR: KAHC010231152020 NC: 2026:KHC:50342 WP No. 9497 of 2020 2. Heard Smt.S Susheela, learned Senior Counsel appearing on behalf of Sri K Abhinav Anand, learned counsel appearing for the petitioners, learned Additional Government Advocate appearing for respondents No.1 to 3 and Sri D N Manjunath, learned counsel appearing for respondents No.4 to 8. 3. Smt. S Susheela, learned Senior Counsel appearing for the petitioners, invited the attention of the Court to the judgment and decree dated 04.07.2019 passed in OS No.3322/2011 (Annexure-C), judgment and decree dated 27.07.2016 passed in OS No.5753/2015 (Annexure-D) and the judgment and decree dated 19.11.2016 in OS No.5893/2015 (Annexure-E) and submitted that, the suits filed by the petitioners herein seeking relief of declaration came to be decreed in favour of the petitioners, and the private respondents herein have filed OS No.7124/2011 challenging the judgment and decree dated 22.06.2011 passed in OS No.3322/2011 and - 5 - HC-KAR CNR: KAHC010231152020 NC: 2026:KHC:50342 WP No. 9497 of 2020 the said suit is pending consideration before the competent Civil Court. 4. It is also argued by the learned Senior Counsel by referring to the order dated 30.07.2014 (Annexure - G) in WP No.33738/2014 and WP No.35530/2014 and the order dated 01.10.2015 in WP Nos.53409-410/2014 (Annexure -H) and by referring to paragraph No.8 in the order passed by this Court at Annexure - H, that the respondent No.2 has rightly passed an order at Annexure - A with a direction to the Tahsildar , Bangalore East Taluk to enter the name of the petitioners in the revenue records in terms of the judgment and decree referred to above. However, the same has been erroneously interfered with by the respondent No.1 as per Annexure - B, and therefore, sought for interference of this Court. 5. Per contra, the learned counsel appearing for the respondent Nos.4 to 8 and learned Additional - 6 - HC-KAR CNR: KAHC010231152020 NC: 2026:KHC:50342 WP No. 9497 of 2020 Government Advocate appearing for respondents No.1 to 3 sought to justify the impugned order. 6. In the light of the submissions made by the learned counsel appearing for the parties, it is not in dispute that one Lakshmamma had filed OS No.3322/2011 against one Yellappa and others including the petitioners herein and the said suit came to be decreed on 04.07.2019 and accordingly, the final decree was made on 08.07.2019 (Annexure-C). It is also forthcoming from the writ papers that, the petitioner No.1 herein has preferred OS No.5753/2015 against the private respondents herein and the competent Civil Court by judgment and decree dated 27.07.2016 (Annexure-D) declared that, the petitioner No.1 is a owner in possession of the land in question. Likewise the petitioner No.2 herein - T S Venkatesh @ P.Venkateshappa has preferred OS No.5893/2015 seeking declaration of permanent injunction against the defendants herein and the said suit came to be - 7 - HC-KAR CNR: KAHC010231152020 NC: 2026:KHC:50342 WP No. 9497 of 2020 decreed on 19.11.2016 (Annexure-E) before the competent Civil Court. 7. However, the private respondents herein have preferred OS No.7124/2011 against Smt.Lakshmamma and the petitioners herein and the perusal of the prayer in the plaint would indicate that, the plaintiff in OS No.7124/2011 sought for nullifying the judgment and decree passed in OS No.3322/2011. It is also to be noted that, the petitioner No.1 herein has filed WP No.33738/2014 and WP No.35530/2015 and this Court vide order dated 30.07.2014 (Annexure-G) directed the Revenue Authorities to enter the name of the petitioners in terms of the judgment and decree passed in the aforementioned suits. However, the said order dated 30.07.2014 was questioned by the private respondents herein in WP Nos.53409-410/2014 and this Court vide order dated 01.10.2015 (Annexure-H), at paragraph No.8 held as follows: - 8 - HC-KAR CNR: KAHC010231152020 NC: 2026:KHC:50342 WP No. 9497 of 2020 "8. In the circumstances, these writ petitions are disposed by holding that the consideration to be made by respondent-authorities in respect item Nos.1 and 4 of the schedule properties i.e., land bearing No.6/3 (old Sy.No.6), measuring 2 acres 11 guntas and Sy.No.49/3, measuring 1 acre 37 guntas, situated at Bhoganahalli village, Varthur Hobli, Bengaluru East Taluk, would depend upon the final judgment and decree to be delivered in O.S.No.7124/2011 as these items are part of the suit schedule properties in that suit and both petitioners as well as respondent No.4 are parties therein. No costs." 8. Taking into consideration the observation made by this Court at paragraph No.8 in WP Nos.53409- 410/2014 dated 01.10.2015 at Annexure - H, wherein the suit filed by the private respondents herein challenging the judgment and decree passed in favour of the petitioners is pending consideration before the competent Civil Court and the rights of the parties has to be established before the Civil Court. I am of the view that, the respondent No.2 - 9 - HC-KAR CNR: KAHC010231152020 NC: 2026:KHC:50342 WP No. 9497 of 2020 has rightly passed the order dated 13.01.2017 at (Annexure-A) to enter the name of the petitioners in the revenue records in terms of the judgment and decree referred to above. However, the same has been erroneously interfered with by the respondent No.1 by the impugned order dated 25.06.2020 (Annexure-B). In that view of the matter, I find force in the submission made by the learned Senior Counsel for the petitioners. Accordingly, I pass the following ORDER i) The writ petition is allowed. ii) The order dated 25.06.2020 (Annexure-B) passed by the respondent No.1 is accordingly set aside. iii) The respondent No.3-Tahsildar, Bengaluru East Taluk, is directed to enter the name of the petitioners in terms of the order dated order dated 13.01.2017 (Annexure-A) passed by respondent No.2 within two months from the date of receipt of a certified copy of this order. - 10 - HC-KAR CNR: KAHC010231152020 NC: 2026:KHC:50342 WP No. 9497 of 2020 iv) It is also open for the private respondents herein to approach the competent authorities after the conclusion of the proceedings in OS No.7124/2011 in terms of the order passed by this Court at paragraph No.8 in WP Nos.53409- 410/2014. SD/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 48