- 1 - HC-KAR NC: 2026:KHC:5564 WP No. 27262 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 27262 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SMT JAYAMMA W/O LATE BACHANNA AGED ABOUT 69 YEARS 2. SRI MURTHY B S/O LATE BACHANNA AGED ABOUT 44 YEARS 3. SRI AVINASH B S/O LATE BACHANNA AGED ABOUT 40 YEARS ALL ARE R/AT HOUSE NO. 999 NEAR OLD K E B OFFICE HESARAGHATTA VILLAGE HESARAGHATTA HOBLI BANGALORE NORTH TALUK. …PETITIONERS (BY SRI. K S CHANDRAHASA., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER OFFCIE OF THE DY. COMMISIONER BENGALURU URBAN, K G ROAD BENGALURU 560 009. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5564 WP No. 27262 of 2024 2. ASST. COMMISSIONER BENGALURU NORTH DIVISION KANDAYA BHAVANA, K G ROAD BENGALURU 560 009. 3. THE TAHSILDAR YELAHANKA TALUK BENGALURU NORTH YELAHANKA BENGALURU 560 064. 4. SMT. LAKSHMAMMA W/O LATE H M SHAMANNA AGED ABOUT 71 YEARS HESARAGHATTA VILLAGE BENGALURU NORTH TALUK BENGALURU 560 088. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1 TO R3 SRI. NATARAJ B HALEMANE., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO MODIFYING THE ORDER PASSED IN RP NO.99/2023 DATED 10.07.2024 AT ANNEXURE-N PASSED BY THE DEPUTY COMMISSIONER OF BENGALURU NORTH BENGALURU AND QUASHING OR SETTING ASIDE THE IMPUGNED ORDER DATED 01.12.2022 UNDER ANNEXURE-K PASSED IN RA (BNA)161/2018 BY R2 AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:5564 WP No. 27262 of 2024 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The grievance of the petitioners is in respect of the impugned orders passed by the Assistant Commissioner in proceedings bearing No. R.A.(BNA) 161/2018 dated 01.12.2022 at Annexure-K and the order passed by the Deputy Commissioner in proceedings bearing No.R.P.99/2023 dated 10.07.2024 at Annexure-N. 2. Learned Counsel for the petitioners submits that the 4th respondent herein filed an appeal before the Assistant Commissioner invoking Section 136(2) of the Karnataka Land Revenue Act, 1964, seeking to enter her name in the revenue records on the basis of succession in respect of the lands which are standing in the name of Sri.Shyamanna, who is the husband of the 4th respondent. Learned Counsel submits that firstly the petitioners did not receive any notice from the Assistant Commissioner. Secondly, two suits in O.S.No.803/2003 and 1162/2013 are pending consideration before the competent Civil Court - 4 - HC-KAR NC: 2026:KHC:5564 WP No. 27262 of 2024 and those two suits are filed for partition and separate possession. The 4th respondent has concealed the said aspect of the matter before the Assistant Commissioner and got an order, directing the Tahsildar to enter the name of the 4th respondent in the revenue records in respect of 1 Acre and 4.½ Guntas of land in Survey No.266/3. 3. Learned Counsel for the petitioners further submits that though the Deputy Commissioner, in the revision petition notices the fact that two suits are pending consideration, nevertheless, he has rejected the revision petition while directing the parties to await the outcome of the suits. The learned Counsel submits that the Deputy Commissioner should have set aside the order of the Assistant Commissioner and directed the parties to await the outcome of the suits. An advantage cannot be given to the 4th respondent to get the entries done and thereafter, say that the parties will await the outcome of the suits. - 5 - HC-KAR NC: 2026:KHC:5564 WP No. 27262 of 2024 4. There is substance in the submissions made by the learned counsel for petitioners. 5. The writ petition is accordingly allowed while setting aside the impugned order passed by the Assistant Commissioner in proceedings bearing No. R.A.(BNA) 161/2018 dated 01.12.2022 at Annexure-K and the order passed by the Deputy Commissioner in proceedings bearing No.R.P.99/2023 dated 10.07.2024 at Annexure-N. 6. The revenue entries shall be restored as it was prior to the orders passed by the Assistant Commissioner. The parties are directed to await the outcome of the two suits which are pending consideration before the competent Civil Court. Ordered accordingly. Sd/- (R DEVDAS) JUDGE DL CT: JL