Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:2396 WP No. 28757 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. 28757 OF 2025 (KLR-RES)
BETWEEN:
SMT. M C THIMMAMMA W/O OF LATE MALLEGOWDA C AGE ABOUT 65 YEARS R/A AT CHAKENNAHALLI VILLAGE YEDIYUR HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT-572130
REP BY SPA HOLDER SRI MANIKANTA C M SON OF LATE MALLEGOWDA C AGE ABOUT 48 YEARS R/A CHAKENAHALI VILLAGE YEIDYUR HOBLI DUNIGALTALUK TUMAKURU DISTRICT-572130 …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND:
1.
STATE OF KARNATAKA DEPARTMENT OF REVENUE MS BUILDING, BENGALURU-560001.
2.
STATE OF KARNATAKA DEPARTMENT OF HOME AFFAIRS
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:2396 WP No. 28757 of 2025
M S BUILDING, BENGALURU-560001.
3.
THE DEPUTY COMMISSIONER TUMAKURU DISTRICT-572001.
4.
THE TAHSILDAR KUNIGAL TALUK TUMAKUKRU DISTRICT-572130
5.
THE POLICE INSPECTOR KUNIGAL LTALUK TUMAKURU DISTRICT-573130
6.
THE SUB INSPECTOR AMRUTHUR POLICE STATION KUNIGAL TALUK TAMAKURU DISTRICT-572130
7.
SRI SHANKARLINGAIAH C S/O LATE CHANNAIAH AGE ABOUT 57 YEARS R/A CHAKENAHALLI VILLAGE YEIDYUR HOBLIL KUNIGAL TALUK TUMAKURU DISTRICT-572130
8.
SRI MANOHAR C S/O LATE CHANNAIAH AGE ABOUT 54 YEARS R/A CHAKENAHALLILVILLAGE YEIDYUR HOBLI KUNIGAL TALUK TUMAKURUDISTRICT-572130
9.
SMT VIJAYAMMA D/O OF LATE CHANNAIAH
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HC-KAR NC: 2026:KHC:2396 WP No. 28757 of 2025
AGE ABOUT 52 YEARS R/A CHAKENAHALLI VILLLAGE YEIDYUR HOBLI KUINIGAL TALUK TUMAKURU DISTRICT-572130
10. SRI RUDRAPPA C S/O LATE CHANNAIAH AGE ABOUT 50 YEARS R/A CHAKENAHALLI VILLAGE YEIDYUR HOBLI, KUNIGAL TALUK TUMAKUKRU DISTRICT-572130
11. SMT MAHALINGAMMA D/O LATE CHANNAIAH AGE ABOUT 60 YEARS R/A CHAKENAHALLI VILLAGE YEIDYUR HOBLI KUNIGAL TALUK TUMAKURU DISTRICT-572130 …RESPONDENTS (BY SRI.K.P.YOGANNA., AGA FOR R1 TO R6 SRI. HIRAN KRISHNASWAMY., ADVOCATE FOR R7, R8 & R1)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI, QUASHING THE IMPUGNED COMMUNICATION LETTER DATED 10.06.2025 AS PER ANNEXURE-A VIDE NLD CR 34/2025-26 ADDRESSED BY THE RESPONDENT NO.4 TO RESPONDENT NO.6 AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2026:KHC:2396 WP No. 28757 of 2025
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
The matters lies in a narrow compass.
2. It is the contention of the learned Counsel for the petitioner that respondent No.7 filed O.S.No.589/2024 on the file of the learned Prl. Civil Judge & JMFC at Kunigal, against the petitioner and other family members for permanent injunction and the learned Judge has only issued notice. The petitioner has also filed a suit in O.S. No.311/2024 against respondents No.7 to 10 for permanent injunction. However, the respondent No.4– Tahsildar, Kunigal, has made the impugned communication at Annexure ‘A’ to the Police Inspector- respondent No.6 to enable conducting of a survey to protect the interest of respondent no.7.
3. Learned Counsel submits that subsequent to filing of the writ petition, the petitioner has also filed I.A. No.3/2025 for amendment and he has furnished a copy of
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HC-KAR NC: 2026:KHC:2396 WP No. 28757 of 2025
Annexure ‘Q’ where again the Tahsildar has directed that the interest of respondent No.7 has to be protected.
Learned counsel submits that the revenue authorities cannot act to the prejudice of the petitioner when the rival parties are before the Civil Court seeking appropriate relief.
4. Consequently, this Court had passed an interim
order on 25.09.2025 staying the operation of Annexures ‘A’ and ‘Q’ and all further proceedings thereto till the next date of hearing.
5. Now in the presence of the learned Counsels for the private respondents, this Court has heard the matter and finds that the rival parties before the Court have independently filed suits against each other. Therefore, unless the rights of the parties are decided by the Civil Court, the revenue authorities shall not interfere in the matter.
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HC-KAR NC: 2026:KHC:2396 WP No. 28757 of 2025
6. With these observations, the writ petition stands
disposed of while setting aside the impugned orders at Annexures ‘A’ and ‘Q’.
Pending IAs., if any, disposed of accordingly.
Sd/- (R DEVDAS) JUDGE
JT/- CT: JL