- 1 - HC-KAR CNR: KAHC010126152017 NC: 2026:KHC:50836 WP No. 49392 of 2017 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. 49392 OF 2017 (KLR-RES) BETWEEN: 1. SRI A N NAGARAJ S/O NARASUSA, AGED ABOUT 62 YEARS OCCUPATION: AGRICULTURE, PRESENTLY RESIDING AT NO.39, LAKSHMI NIVASA, 1ST FLOOR, 2ND CROSS, VIDYARANYANAGAR, MAGADI ROAD, BENGALURU-560023. …PETITIONER (BY SRI. R B SADASIVAPPA.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BANGALORE DISTRICT, KANDAYA BHAVANA, K.G.ROAD, BANGALORE-560 009. 2. DEPUTY DIRECTOR OF LAND RECORDS DEPUTY COMMISSIONER'S OFFICE, BEHIND KANDAYA BHAVAN K.G.ROAD, BANGALORE-560009. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010126152017 NC: 2026:KHC:50836 WP No. 49392 of 2017 3. THE TAHSILDAR BANGALORE SOUTH TALUK KANDAYA BHAVANA, K.G.ROAD, BANGALORE-560 009. 4. SRI.S.R.SHIVANANDA MURTHY S/O RANGAIAH, AGED ABOUT 52 YEARS, R/AT NO.602, 12TH CROSS, 7TH MAIN, VINAYAKA LAYOUT, NAGARBHAVI 2ND STAGE, BENGALURU-560072. 5. SRI.S.NAGESH S/O S.R.SHIVANANDA MURTHY, AGED ABOUT 34 YEARS, R/AT NO.602, 12TH CROSS, 7TH MAIN, VINAYAKA LAYOUT, NAGARBHAVI 2ND STAGE, BENGALURU-560072. 6. SRI.S. RANGANATH S/O S.R.SHIVANANDA MURTHY, AGED ABOUT 32 YEARS, R/AT NO.602, 12TH CROSS, 7TH MAIN, VINAYAKA LAYOUT, NAGARBHAVI 2ND STAGE, BENGALURU-560072. 7. M GOPI S/O H.C.MUNIYAPPA, AGED ABOUT 42 YEARS, R/AT HOSAHALLI VILLAGE, YESHAWANTHAPURA HOBLI, BANGALORE NORTH TALUK BANGALORE-560091. - 3 - HC-KAR CNR: KAHC010126152017 NC: 2026:KHC:50836 WP No. 49392 of 2017 8. MADHUSUDHAN JHANWAR S/O LATE RAMVILAS, AGED ABOUT 60 YEARS, R/AT NO.19, 2ND CROSS, NEHRU NAGARA, BANGALORE-560020. 9. 9(a) DODDANARASIMHAIAH SINCE DEAD BY HIS LRS. B.D.LAKSHMI NARAYANA. S/O LATE DODDANARASIMHAIAH, AGED ABOUT 50 YEARS, R/AT BYACHAGUTTA, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK BANGALORE-562130. …RESPONDENTS (BY SRI SHAMANTH NAIK, AGA FOR R1 TO R3, SRI A KESHAVA BHAT, ADVOCATE FOR R4 TO R6, SRI N JAIPRAKASH RAO, ADVOCATE FOR R8, NOTICE TO R7 - D/W V/C/O DATED 19.12.2025) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY R-1 IN R.P.5/2015-16 DATED 17.8.2017 AT ANNEX-A BY CONFIRMING THE ORDER PASSED BY R-2 IN APPEAL 7/2014-15 DATED 5.6.2015 AT ANNEX-Q AND AWARD COSTS OF THIS PETITION. 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 - 4 - HC-KAR CNR: KAHC010126152017 NC: 2026:KHC:50836 WP No. 49392 of 2017 ORAL ORDER In this writ petition, petitioner is assailing the order dated 17.08.2017 passed in RP No.5/2015 -16 (Annexure - A), confirming the order passed by respondent No.2 in Appeal No.7/2014 -15 dated 05.06.2015 (Annexure-Q). 2. Heard the learned counsel appearing for the parties. 3. It is also forthcoming from the memo filed by respondent Nos.4 to 6 that, the petitioner herein had instituted a suit in O.S.No.316/2015 seeking the relief of declaration with consequential reliefs, which came to be dismissed by the competent Civil Court by judgment and decree dated 12.06.2021. 4. In that view of the matter, as the petitioner herein has suffered the judgment and decree in respect of the very same subject matter of the land in the present writ petition, no interference is called for with the order passed by the respondent No.1. - 5 - HC-KAR CNR: KAHC010126152017 NC: 2026:KHC:50836 WP No. 49392 of 2017 5. Accordingly, the writ petition is dismissed. However, it is open for the petitioner herein to approach the competent authority, in the event, he establishes his right over the land in question, in a manner known to law. Sd/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 46