- 1 - HC-KAR CNR: KAHC010173982024 NC: 2026:KHC:50837 WP No. 8947 of 2024 C/W WP No. 27355 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 8947 OF 2024 (KLR-RES) C/W WRIT PETITION NO. 27355 OF 2023 (KLR-RES) IN WP No. 8947/2024 BETWEEN: 1. SMT. JAYAMMA W/O LATE PATALAPPA, AGED 66 YEARS. 2. RAMESH S/O LATE RAMAIAH, AGED 49 YEARS. 3. PRAKASH S/O LATE RAMAIAH, AGED 47 YEARS. 4. SMT ASHA W/O LATE NAGESH, AGED 41 YEARS, 5. ANAND S/O LATE RAMAIAH, AGED 42 YEARS. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010173982024 NC: 2026:KHC:50837 WP No. 8947 of 2024 C/W WP No. 27355 of 2023 6. MANJUNATH S/O LATE RAMAIAH, AGED 44 YEARS. ALL ARE RESIDING AT DIBBUR VILLAGE, HESARAGHATTA HOBLI, YELAHANKA TALUK, BENGALURU - 560089. …PETITIONERS (BY SRI. B RAMESH.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, DR AMBEDKAR VEEDHI, BENGALURU 560001 REP BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BEHIND KANDHAYA BHAVAN, BENGALURU 560009. 3. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION, KANDHAYA BHAVAN, BENGALURU 560009. 4. THE TAHSILDAR YELAHANKA TALUK, YELAHANKA, BENGALURU 560064. 5. SMT LALITHAMMA @ ANITHAMMA W/O LATE SHIVANNA, AGED 58 YEARS. - 3 - HC-KAR CNR: KAHC010173982024 NC: 2026:KHC:50837 WP No. 8947 of 2024 C/W WP No. 27355 of 2023 6. SRINIVAS S/O LATE SHIVANNA, AGED 27 YEARS. 7. KRISHNAPPA S/O LATE MUNIMURAPPA AGED 63 YEARS. RESPONDENT NO.5 TO 7 ARE RESIDING AT DIBBUR VILLAGE, HESARAGHATTA HOBLI, YELAHANKA TALUK, BENGALURU - 560089. …RESPONDENTS (BY SRI ADITYA DIWAKAR, AGA, FOR R1 TO R4, SRI R V SRINIVASA REDDY, ADVOCATE, FOR R5 & R6, SRI MAHESH S B, ADVOCATE FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD. 31.10.2023 PASSED IN RP NO.311/2021-22 BY THE R-2 AND THE ORDER DTD. 01.10.2021 PASSED IN RA(BNA) NO.80/2019 PASSED BY THE R-3 WHICH IS PRODUCED AND MARKED AS ANNX-J AND M AND ETC.,. IN WP NO. 27355/2023 BETWEEN: 1. SRI. KRISHNAPPA S/O SRI MUNIMARAPPA, AGED ABOUT 63 YEARS, RESIDING AT DIBBURU VILLAGE, HESARAGHATTA HOBLI, YELAHANKA TALUK, BENGALURU-560064 ...PETITIONER (BY SRI. VARADARAJ P N.,ADVOCATE) - 4 - HC-KAR CNR: KAHC010173982024 NC: 2026:KHC:50837 WP No. 8947 of 2024 C/W WP No. 27355 of 2023 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BENGALURU-560001. 3. THE ASSISTANT COMMISSIONER BNGALURU NORTH SUB DIVISION, BENGALURU-560001. 4. THE TAHSILDAR YELAHANKA TALUK, YELAHANKA, BENGALURU-560064. 5. SMT LALITHAMMA @ ANITHAMMA W/O LATE SHIVANNA, AGED ABOUT 61 YEARS. 6. SRI SRINIVAS S/O LATE SHIVANNA, AGED ABOUT 30 YEARS. SL.NO.5 & 6 ARE RESIDENTS OF DIBBUR VILLAGE, KAKOLU POST, HESARAGHATTA HOBLI, YELAHANKA TALUK, BENGALURU-560089. ...RESPONDENTS (BY SRI ADITYA DIWAKAR, AGA, FOR R1 TO R4, SRI G B NANDISH GOWDA, ADVOCATE FOR R5 & R6) - 5 - HC-KAR CNR: KAHC010173982024 NC: 2026:KHC:50837 WP No. 8947 of 2024 C/W WP No. 27355 of 2023 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 REVISION NO. 311/2021-22 PASSED BY THE DEPUTY COMMISSIONER, BENGALURU URBAN, BENGALURU, WHICH IS PRODUCED AT ANNEXURE-H CONFIRMING THE ORDER DATED 01/10/2021 IN RA (BNA) NO. 80/2019 PASSED BY THE ASSISTANT COMMISSIONER, BENGALURU NORTH SUB- DIVISION, BENGALURU AND APPEAL R A(BNA) NO. 80/2019 ON THE FILE OF ASSISTANT COMMISSIONER, BENGALURU NORTH SUB-DIVISION, BENGALURU BE DISMISSED, WHICH IS PRODUCED AT ANNEXURE-G TO MEET THE ENDS OF JUSTICE. THESE PETITIONS, 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 these writ petitions, petitioners are assailing the order dated 31.10.2023 passed in RP No.311/2021-22 (Annexure-M in WP No.8947/2024 and Annexure-H in WP No.27355/2023) and order dated 01.10.2021 passed in RA (BNA) No. 80/2019 (Annexure-J in WP No.8947/2024 and Annexure-G in WP No.27355/2023) 2. Having heard the learned counsel appearing for the parties and taking into account the claim made by the - 6 - HC-KAR CNR: KAHC010173982024 NC: 2026:KHC:50837 WP No. 8947 of 2024 C/W WP No. 27355 of 2023 petitioners herein over the land in question is, based on the genealogical tree produced by the petitioners at Annexure-B in WP No.8947/2024 and Annexure-J in WP No.27355/2023 and also the respective shares of the parties claimed thereunder, it is to be noted that, the private respondents herein have filed OS No.1446/2011 and OS No.1830/2024 which are pending consideration before the competent Civil Court, and that apart, the petitioner in WP No.27355/2023 has preferred OS No.312/2024 before the Civil Court, as the subject matter of the land in question is the subject matter in all these aforementioned three suits. Therefore, I am of the view that, as there is disputed question of facts are involved and the rights of the parties have to be adjudicated before the Civil Court, I am of the view that, no interference is called for in these writ petitions. 3. In view of the judgment of the Hon'ble Supreme Court in the case of State of Kerala and others vs M K Jose reported in (2015) 9 SCC 433, no interference is - 7 - HC-KAR CNR: KAHC010173982024 NC: 2026:KHC:50837 WP No. 8947 of 2024 C/W WP No. 27355 of 2023 called for as to disputed question of facts under Articles 226 of the Constitution of India. However liberty is reserved to the parties to approach the Revenue Authorities after conclusion of the aforementioned suits where the rights of the parties could be crystallized. Accordingly, the writ petitions are dismissed. In view of dismissal of the writ petitions, pending I.As, if any, are disposed of. Sd/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 51