- 1 - HC-KAR CNR: KAHC010701212024 NC: 2026:KHC:50605 WP No. 34235 of 2024 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. 34235 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SRI. NANJUNDAPPA S/O LATE DODDANARAYANAPPA AGED ABOUT 73 YEARS, R/AT BHEEMAPURA VILLAGE, NANDAGUDI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-562114. …PETITIONER (BY SRI. SHIVASHANKAR K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-5600001 REP. BY REVENUE SECRETARY. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, DISTRICT OFFICE COMPLEX BEERASANDRA VILLAGE, KUNDANA HOBLI, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010701212024 NC: 2026:KHC:50605 WP No. 34235 of 2024 DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562110. 3. THE ASST. COMMISSIONER, DODDABALLAPURA SUB DIVISION, DODDABALLAPURA, BENGALURU RURAL DISTRICT-561203. 4. THE TAHSILDAR, HOSAKOTE TALUK, HOSAKOTE-562 114. 5. SRI. MUNISIDDAPPA, S/O LATE NANJUNDAPPA AGED ABOUT 55 YEARS. 6. SRI. RAMANNA S/O LATE NANJUNDAPPA AGED ABOUT 53 YEARS. 7. SMT.PUSHPAMMA W/O LATE VENKATARMANAPPA AGED ABOUT 55 YEARS. RESPONDENTS NO.5 TO 7 ARE RESIDING AT BHEEMAPURA VILLAGE, NANDAGUDI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT – 562114. …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1 TO R4 SRI. A. KESHAVA BHAT, ADVOCATE) - 3 - HC-KAR CNR: KAHC010701212024 NC: 2026:KHC:50605 WP No. 34235 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.2 IN NO. REVISION PETITION NO.55/2024 DATED 21.11.2024 VIDE ANNEXURE-A AND CONSEQUENTLY, QUASH THE ORDER PASSED BY THE RESPONDENT NO.3 IN NO. RA(H) 461/2023 DATED 12.02.2024 VIDE ANNEXURE-A1; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the order dated 21.11.2024 at Annexure-A passed by respondent No.2- Deputy Commissioner and the order dated 12.02.2024 at Annexure-A1 passed by respondent No.3-Assistant Commissioner. 2. Heard Sri K. Shivashankar, learned counsel appearing for the petitioner; Sri. Aditya Diwakar, learned Additional Government Advocate appearing for the respondent- State and Sri. A. Keshava Bhat, learned counsel appearing for respondent Nos.5 to 7. - 4 - HC-KAR CNR: KAHC010701212024 NC: 2026:KHC:50605 WP No. 34235 of 2024 3. Sri. Shivashankar K., learned counsel appearing for the petitioner contended that no notice was issued to the petitioner by respondent No.3 before passing the impugned order at Annexure-A1 and, therefore, sought interference by this Court. It is the principal submission of Sri K. Shivashankar, learned counsel appearing for the petitioner that mutation entries have not been changed in the name of respondent Nos.5 to 7 before respondent No.3 and, therefore, the entire proceedings are liable to be set aside. 4. Per contra, Sri A. Keshav Bhat, learned counsel appearing for respondent Nos.5 to 7, submitted that the private respondents had acquired rights over the property on the basis of the registered Sale Deed dated 17.07.1962 and, therefore, sought dismissal of the writ petition. 5. Sri. Aditya Diwakar, learned Additional Government Advocate appearing for the respondent-State sought to justify the impugned order passed by respondent-authorities. 6. In the light of the arguments advanced by the learned counsel appearing for the parties and upon careful - 5 - HC-KAR CNR: KAHC010701212024 NC: 2026:KHC:50605 WP No. 34235 of 2024 consideration of the provisions contained in Section 136(2) of the Karnataka Land Revenue Act, 1964, it is clear that any person aggrieved by an order made under Section 129(4) or (6) of the said Act is entitled to prefer an appeal before the competent appellate authority. 7. In the present proceedings, it appears that the private respondents have not challenged any order relating to mutation. It is also to be noted that the private respondents have not sought alteration of the mutation entries since the year 1964. However, they have filed an appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964, seeking entry of their names in the Mutation Register on the basis of the registered Sale Deed dated 17.07.1962. 8. It is further forthcoming that O.S. No.411 of 2020 and O.S. No.192 of 2022 are pending consideration before the competent Civil Court. In view of the same, and having regard to the fact that the petitioner herein was not afforded an opportunity of being heard in the proceedings before respondent No.3, I am of the opinion that the matter requires to be remanded to respondent No.3 for fresh consideration, - 6 - HC-KAR CNR: KAHC010701212024 NC: 2026:KHC:50605 WP No. 34235 of 2024 after providing an opportunity of hearing to all the concerned parties. Accordingly, the following order is passed: ORDER i. The writ petition is allowed. ii. The order dated 21.11.2024 at Annexure-A passed by respondent No.2-Deputy Commissioner and the order dated 12.02.2024 at Annexure-A1 passed by respondent No.3-Assistant Commissioner are hereby set aside. iii. The matter is remitted to respondent No.3-Assistant Commissioner for fresh consideration and disposal in accordance with law, after providing an opportunity of hearing to all the concerned parties. iv. In order to avoid further delay in the matter, the parties are directed to appear before respondent No.3 - Assistant Commissioner on 26.10.2026 at 3:00 p.m., without awaiting any further notice in this regard. - 7 - HC-KAR CNR: KAHC010701212024 NC: 2026:KHC:50605 WP No. 34235 of 2024 v. Thereafter, respondent No.3-Assistant Commissioner shall consider and dispose of the appeal on its merits, in accordance with law, as expeditiously as possible. Sd/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 5