- 1 - HC-KAR NC: 2026:KHC:4600-DB WA No. 72 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 72 OF 2026 (KLR-RR/SUR) BETWEEN: 1. SMT MUNIVENKATAMMA W/O LATE THIMMARAYAPPA AGED ABOUT 76 YEARS R/OF M.HOSAHALLI, JALA HOBLI, BUDHIGERE POST, YALAHANKA TALUK BENGALURU URBAN DISTRICT PIN-562 129. (SENIOR CITIZEN BENEFIT NOT CLAIMED) …APPELLANT (BY SRI. BASAVARAJU P., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU DISTRICT BENGALURU 560 009 2. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION BENGALURU 560 009 3. THE TAHASILDAR BENGALURU NORTH TALUK YALAHANKA, BENGALURU 560 004 4. GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560 001 - 2 - HC-KAR NC: 2026:KHC:4600-DB WA No. 72 of 2026 REPRESENTED BY ITS REVENUE SECRETARY 5. SMT.BYAMMA W/O LATE NARAYANAPPA AGED ABOUT 88 YEARS R/O.NO.82 M.HOSAHALLI-VILLAGE, JALA HOBLI, BUDIGERE POST, YALAHANKA TALUK BENGALURU URBAN DISTRICT PIN-562 129 6. SRI.RAJANNA S/O LATE NARAYANAPPA AGED ABOUT 57 YEARS R/O NO.64, NEAR OM SAKTHI TEMPLE, YALUVAHALLI-VILLAGE, NANDHI HOBLI DODDAMARLI POST CHIKKABALLAPURA DISTRICT PIN NO.562 103 7. SMT. GANGARATHNAMMA W/O LATE RAMANJANAPPA D/O LATE NARAYANAPPA AGED ABOUT 55 YEARS R/O.NO.82 M. HOSAHALLI-VILLAGE, JALA HOBLI, BUDIGERE POST, YALAHANKA TALUK BENGALURU URBAN DISTRICT PIN-562 129 8. SRI. MUNIRAJU S/O LATE NARAYANAPPA AGED ABOUT 45 YEARS CHANKRASHAKARAPURA ROAD, KURGAL VILLAGE, VEMGAL-HOBLI, KURGAL POST, KOLAR TALUK AND DISTRICT PIN-563 102 9. SRI.SUBRAMANI - 3 - HC-KAR NC: 2026:KHC:4600-DB WA No. 72 of 2026 S/O LATE NARAYANAPPA AGED ABOUT 43 YEARS R/O.NO.82, M.HOSAHALLI-VILLAGE, JALA HOBLI, BUDIGERE POST, YALAHANKA TALUK BENGALURU URBAN DISTRICT PIN-562 129 10. SRI.KRISHNA MURTHY S/O LATE NARAYANAPPA AGED ABOUT 40 YEARS R/O NO.64, NEAR OM -SAKTHI TEMPLE, YALUVAHALLI-VILLAGE, NANDHI HOBLI DODDAMARLI POST CHIKKABALLAPURA DISTRICT PIN NO 562 103 NOTE: AS PER THE ADDRESS SHOWN IN THE WRIT PETITION SL.Nos.5 TO 10 ARE R/OF M.HOSAHALLI, JALA HOBLI, BANGALORE NORTH TALUK-562 129. …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R1 TO R4; SRI. T.P.SRINIVASA, ADVOCATE FOR SRI. S.VENUGOPALA, ADVOCATE FOR C/R5 AND 6) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE FINAL ORDER DATED 16.12.2025 IN WRIT PETITION No. 45241/2012 (KLR-RR/SUR) PASSED BY THE HON'BLE SINGLE JUDGE OF THIS HON'BLE COURT, ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 4 - HC-KAR NC: 2026:KHC:4600-DB WA No. 72 of 2026 ORAL JUDGMENT (PER: HON'BLE MS. JUSTICE TARA VITASTA GANJU) 1. The present appeal has been filed seeking to challenge the order dated 16.12.2025 in W.P.No.45241/2012 (hereinafter referred to as the 'Impugned Order') passed by learned Single Judge of this Court. By the Impugned Order, the following directions have been passed: i. The writ petition is allowed. ii. A writ of certiorari is issued. iii. The order dated 15.09.2012 passed in Revision Petition No.46/2010-11 by the Deputy Commissioner-respondent No.1 as per Annexuer-A is set aside. iv. Consequently, the order dated 07.04.2011 passed in R.A.(BNA) 377/08-09 by the Assistant commissioner-respondent No.2 is restored. v. The Tahsildar-respondent No.3 is directed to restore the mutation entries in the name of the petitioners in respect of subject lands. vi. The costs of Rs.1,00,000/- is imposed on respondent No.4. vii. The costs shall be payable to Karnataka Legal Services Authority within a period of one month, failing which, the registry is directed to take necessary action. 2. At the outset, learned counsel for the appellant submits that he restricts his prayer in the present appeal to two grounds. Firstly, he submits that the findings given by the learned Single Judge should not be construed in any manner against him in the civil proceedings pending before the Trial - 5 - HC-KAR NC: 2026:KHC:4600-DB WA No. 72 of 2026 Court; and secondly, the costs imposed in a sum of Rs.1,00,000/- be set aside. 3. Learned counsel for the appellant further submits that the issue as to whether the title to the suit property belongs to the appellant or to the contesting respondent Nos.5 to 10 is already the subject matter of dispute inter se the parties which is pending before the learned Principal Senior Civil Judge and JMFC, Devanahalli in *O.S.No.114/2026. Thus, he submits that in these circumstances, the findings that have been given by the learned Single Judge shall not come in the way of adjudication of the pending civil proceedings. 4. Learned Additional Government Advocate submits that the challenge in the present proceedings is confined only to the mutation entries and that the mutation entries have now been carried out. He further submits that given the disputed title in the matter, status quo should be maintained so far as the mutation entries are concerned. * Retyped & Replaced Vide Court Order dated:27.02.2026 - 6 - HC-KAR NC: 2026:KHC:4600-DB WA No. 72 of 2026 5. Learned counsel for the respondent Nos.5 to 6 does not dispute the fact that civil proceedings are pending between the parties inter se. 6. The learned Single Judge, by the Impugned Order, had given findings on the ownership of the land; how the land is changed the ownership. In addition, the learned Single Judge has given a finding with regard to the documents placed on record by the parties. A finding of fraud has also been given by the learned Single Judge. 7. It is settled law that the Writ Court cannot adjudicate disputed questions of facts. Given the fact that issues qua the ownership of the suit property is already the subject matter of the civil proceedings and in view of the foregoing contentions, the appeal is disposed of with the following directions: (i) The findings as contained in the Impugned Order shall not come in the way of the proceedings which are pending adjudication before the Principal Senior Civil Judge and JMFC, Devanahalli in *O.S.No.114/2026. * Retyped & Replaced Vide Court Order dated:27.02.2026 - 7 - HC-KAR NC: 2026:KHC:4600-DB WA No. 72 of 2026 (ii) The costs of Rs.1,00,000/- are set aside. iii. The parties to maintain status quo with regard to the mutation entries in the Revenue Records. 8. All pending applications stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE RKA List No.: 1 Sl No.: 17 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA