Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 44584 (KAR)

SRI. M R MAHADEVAIAH v. THE DEPUTY COMMISSIONER

WP/27728/2023 · 2026-09-30

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010638312023 NC: 2026:KHC:54529 WP No. 27728 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.27728 OF 2023 (KLR-RES) BETWEEN: 1. SRI. M.R. MAHADEVAIAH S/O LATE M.R. REVANASIDDAIAH AGED ABOUT 65 YEARS, RESIDING AT MALLUR VILLAGE, SOLURU HOBLI, MAGADI TALUK, RAMANGARA DISTRICT. …PETITIONER (BY SRI. SHIVARUDRA, ADVOCAGE FOR SRI. CHANDRAHASA G., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT, RAMANAGARA. 2. THE ASSISTANT COMMISSIONER RAMANAGARA SUB DIVISION, RAMANAGARA. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010638312023 NC: 2026:KHC:54529 WP No. 27728 of 2023 3. TAHASILDAR MAGADI TALUK, MAGADI-562120. 4. SMT. LAKSHMAMMA W/O LATE REVANNAGOWDA @ YALAVAIAH, AGED ABOUT 70 YEARS. 5. SRI. M.R. SHIVAPPA GOWDA S/O LATE REVANNAGOWDA @ YALAVAIAH, AGED ABOUT 52 YEARS. 6. SMT. JAYAMMA D/O LATE REVANNAGOWDA @ YALAVAIAH, AGED ABOUT 55 YEARS. 7. SMT. M.R. GEETHA D/O LATE REVANNAGOWDA @ YALAVAIAH, AGED ABOUT 45 YEARS. RESPONDENTS NO.4 TO 7 ARE RESIDING AT MALLUR VILLAGE, SOLURU HOBLI, MAGADI TALUK, RAMANGARA DISTRICT-562127. 8. SRI. SHIVASHANKARAIAH S/O LATE M.R. REVANASIDDAIAH AGED ABOUT 62 YEARS, RESIDING AT MALLUR VILLAGE, SOLURU HOBLI, - 3 - HC-KAR CNR: KAHC010638312023 NC: 2026:KHC:54529 WP No. 27728 of 2023 MAGADI TALUK, RAMANGARA DISTRICT-562127. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R3; SRI. T. SESHAGIRI RAO., ADVOCATE FOR R4 TO R7; V/O DATED 30.09.2026 SERVICE OF NOTICE TO R8 IS HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 22.08.2023 VIDE ANNEXURE-A IN RP NO.29/2020-21 PASSED BY THE RESPONDENT NO.1 AND ENDORSEMENT DATED 30.03.2020 IN RA NO.814/2019-20 ISSUED BY RESPONDENT NO.2 VIDE ANNEXURE-B AND IMPUGNED ENDORSEMENT DATED 21.09.2019 IN RRT/CR/OS/2019-20 ISSUED BY RESPONDENT NO.3 VIDE ANNEXURE-C AND DIRECT THEM TO RESTORE KHATA IN THEIR NAMES VIDE MR 1/1996-97 PERTAINING TO PROPERTIES IN QUESTION SINCE THE DECREE PASSED IN OS NO.203/2003 ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC AT MAGADI IS SET ASIDE IN RA 256/2014 ON THE FILE OF SENIOR CIVIL JUDGE AT MAGADI. - 4 - HC-KAR CNR: KAHC010638312023 NC: 2026:KHC:54529 WP No. 27728 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. The petitioner in this Writ Petition is assailing the order dated 22.08.2023 in R.P.No.29/2020-21(Annexure-A) passed by respondent No.1 and the order dated 30.03.2020 in R.A.No.814/2019-20 (Annexure-B) passed by respondent No.2 and the endorsement dated 21.09.2019 in RRT/CR/05/2019- 20(Annexure-C) issued by respondent No.3. 2. Having heard the learned counsel appearing for the parties, the respondent No.2 has registered the appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964 based on the representation dated 24.01.2020 filed by the petitioner herein. Perusal of the impugned endorsement at Annexure-B would indicate that respondent No.2 has not followed the procedure contemplated under the Karnataka Land Revenue Act, 1964 and the Rules made thereunder and has - 5 - HC-KAR CNR: KAHC010638312023 NC: 2026:KHC:54529 WP No. 27728 of 2023 erroneously issued the impugned endorsement dated 30.03.2020 (Annexure-B) without application of mind, however, the same has been confirmed by the respondent No.1, as per Annexure-A. 3. In that view of the matter, as the impugned orders dated 22.08.2023 and 30.03.2020 (Annexures-A and B) have been passed by respondent – authorities without application of mind and not following the Rules made under the Karnataka Land Revenue Act, 1964, I am of the view that, the impugned orders are required to be set aside. 4. Accordingly, the order dated 22.08.2023 in R.P.No.29/2020-21 passed by respondent No.1 and the order dated 30.03.2020 in R.A.No.814/2019-20 (Annexure-B) passed by respondent No.2 are hereby set aside. it is open for the petitioner to challenge the order passed by respondent No.3 before respondent No.2 by way of an appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964, and thereafter, respondent No.2 shall take appropriate decision in the matter, in accordance with law. - 6 - HC-KAR CNR: KAHC010638312023 NC: 2026:KHC:54529 WP No. 27728 of 2023 5. With the above observation, the Writ Petition is disposed of. 6. All contentions of the parties are kept open. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 5