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2026 DAILYLAW 43376 (KAR)

MR. C.K. PRASAD v. THE STATE OF KARNATAKA

WP/29404/2026 · 2026-09-24

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010644412026 NC: 2026:KHC:52898 WP No. 29404 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.29404 OF 2026 (KLR-RES) BETWEEN: 1. MR. C.K. PRASAD S/O. LATE CHANDRAIAH AGED ABOUT 50 YEARS, NO.684, C-BLOCK, 1ST MAIN, AECS LAYOUT, KUNDALAHALLI, BENGALURU-560037. 2. MRS. C. CHITRA D/O LATE CHANDRAIAH, AGED ABOUT 48 YEARS, R/AT NO.1517, TIRUMALA, 17TH MAIN, J.P. NAGAR 2ND PHASE BENGALURU-560078. 3. MRS. CHETANA D/O. LATE CHANDRAIAH, AGED ABOUT 46 YEARS, R/AT NO. 33, 1ST MAIN, 1ST STAGE, AREKERE, MICO LAYOUT, BENGALURU-560076. …PETITIONERS (BY SRI. NAGA REDDY V., ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010644412026 NC: 2026:KHC:52898 WP No. 29404 of 2026 AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU - 560 001. 2. THE SPECIAL DEPUTY COMMISSIONER-3 BENGALURU URBAN DISTRICT, SOUTH DIVISION, 2ND FLOOR, KANDAYA BHAVANA, BENGALURU-560009. 3. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION, KANDHAYA BHAVANA, KG ROAD, BENGALURU – 560009. 4. THE TAHASILDAR BENGALURU EAST TALUK, KR PURAM, BENGALURU. 5. MR. P. VENKATESH S/O. LATE PUTTAPPA, AGED ABOUT 37 YEARS, 6. Y.A. SOMASUNDAR S/O. LATE Y. APPAJI AGED ABOUT 76 YEARS. 7. Y.A. MANJUNATH AGED ABOUT 70 YEARS, S/O. LATE Y. APPAJI - 3 - HC-KAR CNR: KAHC010644412026 NC: 2026:KHC:52898 WP No. 29404 of 2026 RESPONDENTS NO.5 TO 7 ARE R/AT NO. 404, OLD K.E.B. OFFICE ROAD, KADUGODI, BENGALURU-560067. 8. Y.A. GANGADHAR AGED ABOUT 76 YEARS, S/O. LATE Y. APPAJI R/AT NO.27. OPP. BALDWIN SCHOOL, BEML 5TH STAGE, BEL LAYOUT, RAJARAJESHWARINAGAR, BENGALURU-560098. …RESPONDENTS (BY SRI. SHAMANTH NAIK, AGA FOR R1 TO R4; SRI. A. RAVISHANKAR, ADVOCATE FOR SRI. V.N.SHAKARE GOWDA, ADVOCATE FOR C/R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ANNEXURE-A ORDER DATED 31.08.2026 PASSED IN RP NO.310/2024-25 PASSED BY THE RESPONDENT NO.2 WHICH IS IMPUGNED HEREIN AND FURTHER ALLOW THE PRAYER IN THE REVISION PETITION NAMELY, SET ASIDE THE ANNX-T ORDER DATED 18.03.2016 PASSED BY RESPONDENTS NO.3 IN RA (BE) NO. 72/2015-16. - 4 - HC-KAR CNR: KAHC010644412026 NC: 2026:KHC:52898 WP No. 29404 of 2026 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this Writ Petition, petitioners are assailing the order dated 31.08.2026 in R.P.No.310/2024-25 (Annexure-A) passed by respondent No.2, inter alia, sought to set aside the order dated 18.03.2016 in case No.RA(Be)72/2015-16 (Annexure-T) passed by respondent No.3. 2. Sri. Naga Reddy V., learned counsel appearing for the petitioners, contended that the petitioners are claiming right over the property based on the order passed by the Land Tribunal in LRF(B)DS924/1975-76 and accordingly submitted that the mutation has been properly made in terms of the order passed by the Land Tribunal in the name of the father of the petitioners – Chandraiah, however, same has been interfered with by the respondent-authorities without considering the said aspect of the matter and also referred to the Annexure-S endorsement dated 14.03.2016, wherein the endorsement has - 5 - HC-KAR CNR: KAHC010644412026 NC: 2026:KHC:52898 WP No. 29404 of 2026 been made that there is no Form-10 and other details in the office of the Land Tribunal, and therefore it is submitted that the reasons assigned by the respondent – authorities requires to be interfered with in this Writ Petition. 3. Per contra, Sri. A. Ravishankar, learned counsel appearing on behalf of respondent No.5, contended that petitioners herein have preferred suit in O.S.No.161/2019 before the competent Civil Court and matter has been posted for final arguments and therefore as the suit is filed by the petitioners seeking relief of declaration and consequential reliefs is pending consideration, and therefore, the Writ Petition does not survive for consideration. 4. Sri. Shamanth Naik, learned Additional Government Advocate appearing for the respondent Nos.1 to 4, sought to justify the impugned order passed by the respondent- authorities. 5. In the light of the submissions made by the learned counsel appearing for the parties and on careful consideration of the reasons assigned by the respondent-authorities would - 6 - HC-KAR CNR: KAHC010644412026 NC: 2026:KHC:52898 WP No. 29404 of 2026 indicate that as the Tahsildar, Bengaluru East Taluk has stated before the respondent-authorities that there are no records pertaining to the proceedings in LRF(B)DS924/1975-76 based on which petitioners are claiming right over the subject land and further, as there is cloud in respect of the land in question and as there is suit in O.S.No.161/2019 which is at the stage of final arguments before the Civil Court, I am of the view that, no interference is called for in this Writ Petition. 6. However, it is open for the petitioners to approach the respondent-authorities after conclusion of the proceedings in O.S.No.169/2019. 7. Accordingly, the Writ Petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 32