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2026 DAILYLAW 49179 (KAR)

SRI BORAIAH v. THE STATE OF KARNATAKA

WA/1168/2024 · 2026-01-19

D K Singh, S Rachaiah

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2534-DB WA No. 1168 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1168 OF 2024 (KLR-RES) BETWEEN: 1. SRI BORAIAH S/O BOMMAIAH AGED ABOUT 60 YEARS DODDAULLARTHI VILLAGE CHALLKERE TALUK CHITRADURGA DISTRICT – 577 537. …APPELLANT (BY SRI. KASHINATH J D, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY OF REVENUE DEPARTMENT M S BUILDING BENGALURU – 560 001. 2. THE DEPUTY COMMISSONER CHITRDURGA DISTRICT CHITRADURA – 577 522. 3. THE ASSISTANT COMMISSIONER CHITRADURGA DISTRICT CHITRDURGA – 577 522. 4. THE TAHASILDAR CHALLAKERE TALUK CHITRADURGA DISTRICT – 577 522. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2534-DB WA No. 1168 of 2024 5. ASSISTANT DIRECTOR OF LAND RECORDS CHALLAKERE TALUK CHITRADURGA DISTRICT – 577 522. 6. SMT. DURGAMMA W/O LATE DURGAMMA AGED ABOUT 77 YEARS R/AT KARIKERE CHALLAKERE TALUK CHITRADURGA DISTRICT – 577 537. 7. ULLARTHI THIPPAIAH @ THIPPAIAH S/O LATE DURGAPPA AGED ABOUT 62 YEARS R/AT KARIKERE CHALLKERE TALUK CHITRADURGA – 577 537. 8. LAKSHMAMMA S/O LATE DURGAPPA AGED ABOUT 54 YEARS RA/T DODDULLARTI VILLAGE CHALLAKERE TALUK NOW R/AT RAMAGONDANAHALLI DAVANAGERE TALUK – 577 537. …RESPONDENTS (BY SRI. MOHAMMAS JAFFAR SHAH, AGA FOR R1-R5; SRI. H VENKATESHS DOSSERI, ADVOCATE FOR R6-R8) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP No- 19764/2022 DATED 03.07.2024 ACCORDINGLY DISMISS THE WP FILED IN WP No-19764/2022 AS DEVOID OF MERIT TO MEET THE INTEREST OF JUSTICE AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:2534-DB WA No. 1168 of 2024 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra-Court appeal has been filed against the order dated 03.07.2024 passed by the learned Single Judge in Writ Petition No.19764/2022. The said writ petition was filed by the respondent Nos.6, 7 and 8, who are the legal heirs of grantee (Durgappa) of the land in question. 2. The writ petition was filed praying to quash the order dated 20.07.2022 passed by the Deputy Commissioner and the order dated 27.08.2021 passed by the Assistant Commissioner, whereby the order passed by Tahsildar, Challakere dated 10.03.2021 was confirmed. Vide impugned orders, the petitioner's name was struck off from the record of rights. 3. Learned Single Judge has examined the issue in detail and thereafter, vide impugned order, has set aside the orders passed by the Deputy Commissioner, Assistant - 4 - HC-KAR NC: 2026:KHC:2534-DB WA No. 1168 of 2024 Commissioner respectively, in confirming the order passed by the Tahsildar. 4. The appellant claims to be in possession of the land in question even before grant. The disputed question of fact could not be gone into in the instant appeal. The appellant, as of today, has no vested right to continue in possession of the land. Further, the respondent Nos.6, 7 and 8, who are the legal heirs of the grantee, namely, Durgappa, had filed a writ petition against the orders passed by the authorities mentioned above and to restore their names in the revenue records. 5. We do not see any ground to interfere with the well-considered judgment and order passed by the learned Single Judge. Therefore, we dismiss this writ appeal. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE BSS List No.: 1 Sl No.: 1