- 1 - HC-KAR NC: 2026:KHC:2353 WP No. 8974 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 8974 OF 2025 (KLR-RES) BETWEEN: 1. SRI. MAHANTHESHAPPA DODDAMANI S/O DODDAMANI SHIVAPPA, AGED ABOUT 65 YEARS, 2. SMT. SAROJAMMA, W/O LATE SHEKHAPPA, AGED ABOUT 45 YEARS, 3. SMT. ROOPA, D/O LATE SHEKHAPPA, AGED ABOUT 30 YEARS, 4. NAVEENA, S/O LATE SHEKHAPPA AGED ABOUT 28 YEARS, 5. SRI. RAJAPPA, S/O LATE DODDAMANI SHIVAPPA, AGED ABOUT 53 YEARS, 6. SRI. D.DURUGAPPA, S/O LATE DODDAMANI SHIVAPPA, AGED ABOUT 46 YEARS, ALL ARE R/O THIMMALAPURA VILLAGE, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2353 WP No. 8974 of 2025 HARIHARA TALUK, DAVANGERE DISTRICT-577601. 7. SMT. LALITHAMMA, W/O UMAPATHI, AGED ABOUT 70 YEARS, R/O SHYAGALI VILLAGE, DAVANGERE TALUK DISTRICT-577 002. 8. SMT. SUSHEELAMMA, W/O REVANASIDDAPPA, AGED ABOUT 55 YEARS, R/O KONDAJJI VILLAGE, HARIHARA TALUK, DAVANGERE DISTRICT-577 589. 9. SMT. NAGAMMA, W/O HANUMANTHAPPA, AGED ABOUT 48 YEARS, R/O KONDAJJI VILLAGE, HARIHARA TALUK, DAVANGERE DISTRICT-577 589 …PETITIONERS (BY SRI. MAHANTESH T S., ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDING, DR.B.R. AMBEDKAR ROAD, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY 2. THE TAHASILDAR, HARIHARA TALUK, HARIHARA- 577 601. - 3 - HC-KAR NC: 2026:KHC:2353 WP No. 8974 of 2025 3. THE ASSISTANT COMMISSIONER, DAVANGERE SUB DIVISION, DAVANGERE- 577 001. 4. THE DEPUTY COMMISSIONER, DAVANGERE DISTRICT, DAVANGERE-577 001. 5. SRI. MANJAVVA KOLLI, D/O LATE CHITRAPPA, W/O SHIVANAGAPPA, AGED ABOUT 55 YEARS, R/O KURUVATTI VILLAGE, HARAPANAHALLI TALUK, BELLARY DISTRICT- 583 217. 6. 7. MYLARAPPA D S/O LATE CHITRAPPA AGED ABOUT 50 YEARS SMT. YASHODAMMA, D/O LATE CHITRAPPA, AGED ABOUT 46 YEARS, 8. SMT. KAVITHA, D/O LATE CHITRAPPA, AGED ABOUT 38 YEARS, 9. SMT. GEETHA, D/O LATE CHITRAPPA, AGED ABOUT 37 YEARS, 10. ANANDA, S/O LATE CHITRAPPA, AGED ABOUT 35 YEARS, - 4 - HC-KAR NC: 2026:KHC:2353 WP No. 8974 of 2025 ALL ARE R/OF THIMMALAPURA VILLAGE, HARIHARA TALUK, DAVANGERE DISTRICT- 577 601 11. SRI. BASAPPA, S/Q LATE MUDUKAPPA, AGED ABOUT 73 YEARS, R/O THIMMALAPURA VILLAGE, HARIHARA TALUK, DAVANGERE DISTRICT- 577 601 …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1 TO R4 SRI. SUNIL S. NARAYAN., ADVOCATE FOR R5 TO R11) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 12.01.24 PASSED BY THE ASST. COMMISSIONER R3 NO. 4 R.A CR.117/23-24 VIDE ANNEXURE- F AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondents No.1 to 4. Learned Counsel Sri.Sunil S. Narayan, has entered appearance for respondent No.9 by filing a Caveat Petition. Learned Counsel also takes notice for other respondents. - 5 - HC-KAR NC: 2026:KHC:2353 WP No. 8974 of 2025 2. The petitioners are aggrieved of the impugned orders passed by the Assistant Commissioner at Annexure-F dated 12.01.2024 and the order in Revision passed by the Deputy Commissioner at Annexure-G dated 21.11.2024. 3. Learned Counsel for the petitioners submits that there was a judgment and decree passed in favour of the petitioners in O.S.No.61/2002 on the file of the learned Principal Civil Judge and JMFC at Harihara, declaring that the plaintiffs are the owners of the suit schedule property in terms of the sale deed dated 25.01.2002. The private respondents herein were restrained by way of a permanent injunction not to interfere with the peaceful possession and enjoyment of the suit schedule property. However, the said judgment and decree was set aside by the first appellate court in R.A.No.14/2010. Learned Counsel further submits that a regular second appeal in RSA No.628/2024, is still pending consideration before this Court. In the meanwhile, without notice to the petitioner - 6 - HC-KAR NC: 2026:KHC:2353 WP No. 8974 of 2025 the Assistant Commissioner passed the impugned order at Annexure-F, where directions were issued to the Tahsildar to remove the name of the petitioners from the revenue records and to show the name of the private respondents herein. Being aggrieved of the same, the petitioners preferred a revision petition under Section 136(3) of the Karnataka Land Revenue Act, 1964, in RA CR/29/2024-25. The Deputy Commissioner has passed the impugned order at Annexure-G, rejecting the revision petition. Learned Counsel submits that unless and until the suit filed by the petitioners attains finality, the private respondents cannot seek to have their names entered in the revenue records. 4. The learned Counsel for the private respondents does not dispute the fact that the regular second appeal filed at the hands of the petitioners herein is still pending consideration before this Court. 5. If that is so, the revenue authorities could not have ventured to remove the name of the petitioners from the revenue records. - 7 - HC-KAR NC: 2026:KHC:2353 WP No. 8974 of 2025 6. Accordingly, the writ petition is allowed. The impugned orders at Annexures ‘F’ and ‘G’ passed by the respondent-Assistant Commissioner as well as the Deputy Commissioner are hereby quashed and set aside. Needless to observe that as and when the finality is attained in the suit filed by the petitioners herein and depending on the outcome of the suit, the parties are entitled to have their names entered in the revenue records. Sd/- (R DEVDAS) JUDGE DL CT: JL