- 1 - HC-KAR NC: 2026:KHC:7952-DB WA No. 1625 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1625 OF 2025 (KLR-RES) BETWEEN: 1. SRI B H SHIVARAMU S/O HEGGALEGOWDA AGED ABOUT 75 YEARS RESIDING AT SHANTHINAGAR PANDAVAPURA MANDYA DISTRICT-571434 2. SRI RAGHAVENDRA S P S/O SHIVARAMU B H AGED ABOUT 40 YEARS RESIDING AT SHANTHINAGAR PANDAVAPURA MANDYA DISTRICT-571434 …APPELLANTS (BY SRI M R RAJAGOPAL, SENIOR ADVOCATE FOR SRI THILAK RAJ S V, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571438 2. THE ASSISTANT COMMISSIONER PANDAVAPURA SUB-IVISION PANDAVAPURA MANDYA DISTRICT-571438 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:7952-DB WA No. 1625 of 2025 3. THE TAHSILDAR PANDAVAPURA TALUK PANDAVAPURA MANDYA DISTRICT-571438 4. SMT. SAKAMMA W/O LATE KALEGOWDA AGED ABOUT 70 YEARS RESIDING AT BANAGHATTA VILLAGE KASABA HOBLI PANDAVAPURA TALUK MANDYA DISTRICT-571438 5. SRI B K LINGARAJU S/O LATE KALEGOWDA AGED ABOUT 54 YEARS RESIDING AT BANAGHATTA VILLAGE KASABA HOBLI PANDAVAPURA TALUK MANDYA DISTRICT-571438 6. SRI A S PUNITH S/O LATE KALEGOWDA AGED ABOUT 35 YEARS RESIDING AT ALAGUDU VILLAGE ARAKERE HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT-571438 7. REVENUE INSPECTOR KASABA-2 HOBLI PANDAVAPURA TALUK MANDYA DISTRICT-571438 8. VILLAGE ACCOUNTANT BANAGHATTA CIRCLE - 3 - HC-KAR NC: 2026:KHC:7952-DB WA No. 1625 of 2025 PANDAVAPURA TALUK MANDYA DISTRICT-571438 …RESPONDENTS (BY SRI MOHAMMAD JAFFAR SHAH, AGA FOR R-1 TO 3, 7 & 8) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE DATED 20.08.2025 IN W.P.NO.25019/2025 AND 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 MR. JUSTICE S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present intra Court appeal has been filed by the appellants/petitioners being aggrieved by the judgment and order dated 20.08.2025 passed by the learned Single Judge in Writ Petition No.25019/2025. 2. The learned Single Judge has dismissed the writ petition on the ground that in view of the amendment brought to Section 136(1) of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as 'the said Act') with effect from 10.01.2025, the petitioners would have to approach the - 4 - HC-KAR NC: 2026:KHC:7952-DB WA No. 1625 of 2025 Karnataka Appellate Tribunal questioning the order dated 29.07.2025 passed by the Deputy Commissioner, Mandya District, Mandya in Case No.R.P.80/2024 and liberty has been reserved to the petitioners to approach the Karnataka Appellate Tribunal under Section 136 of the said Act. 3. The parties are referred to as per their ranking before the writ Court, for the sake of convenience. 4. As per the facts stated in the writ petition, the petitioner No.1 claims to be the owner in possession of the land bearing Sy.No.38/2 measuring 0-27 guntas of Banaghatta Village, Pandavapura Taluk. The petitioner No.2 is the son of the petitioner No.1 in whose favour a Gift Deed has been executed by the petitioner No.1 on 20.09.2024 in respect of the said land. The said land originally belonged to one Sri Channaveere Gowda, who in turn sold it to one Sri Hombale Gowda vide registered Sale Deed dated 31.05.1928. Sri Hombale Gowda thereafter sold the said land in favour of Sri Ningegowda vide registered Sale Deed dated 09.03.1957. - 5 - HC-KAR NC: 2026:KHC:7952-DB WA No. 1625 of 2025 5. It was further stated in the writ petition that in furtherance to the said Sale Deed dated 09.03.1957, the entries in the Revenue Records in Form No.V were made over to the name of the purchaser viz., Sri Ningegowda vide order dated 20.03.1957. 6. Upon the demise of the said Ningegowda, vide MR.No.2/1983-84, the entries related to two survey numbers i.e., Sy.Nos.43/3 and 38/2 respectively measuring 91 guntas and 27 guntas were made over to the name of the petitioner No.1-Sri B.H. Shivaramu. The khata proceedings culminated in terms of the Mutation Registers and consequent thereon, the name of petitioner No.1 was entered both in Column Nos.9 and 12 of the Revenue Records against the said land. The same is mentioned in the Record of Rights for the period 1989-1990 to 1994-1995. It is also stated that even in the Record of Rights for the year 2023-2024 in relation to the land in question, the entries are made in the name of the petitioner No.1. 7. It appears that thereafter the mutation was made over to the name of the respondent No.4-Smt. Sakamma who, along - 6 - HC-KAR NC: 2026:KHC:7952-DB WA No. 1625 of 2025 with other respondents, had executed a registered Sale Deed dated 18.11.2023 in favour of the respondent No.6. 8. The respondent No.5, who claims to be the legal representative of the erstwhile owner-Sri Hombale Gowda, had filed a suit in O.S.No.334/2017 for declaration and injunction. 9. The petitioners had filed an appeal before the Assistant Commissioner in Case No.R.Misc/(Pam)128/2023-24 under Section 136(2) of the Act. The Assistant Commissioner, vide order dated 11.01.2024, allowed the appeal. 10. Against the said order dated 11.01.2024, the respondent No.5 had filed a revision before the Deputy Commissioner, Mandya District, Mandya. The Deputy Commissioner, vide order dated 29.07.2025 in Case No.R.P.80/2024, had set aside the order dated 11.01.2024 passed by the Assistant Commissioner. The order dated 29.07.2025 passed by the Deputy Commissioner is the subject matter of the writ petition. 11. Section 136 of the said Act provides provisions for appeal and revision and after amendment from 10.01.2025, Section 136 reads as under: - 7 - HC-KAR NC: 2026:KHC:7952-DB WA No. 1625 of 2025 "136. Appeal and Revision.—(1) The provisions of Chapter V shall apply to any decision or order under this Chapter. (2) Any person affected by an order made under sub-section (4) or an entry certified under sub-section (6) of Section 129 may, within a period of sixty days from the date of communication of the order or the knowledge of the entry certified, appeal to such Officer as may be prescribed by the State Government in this behalf and his decision shall be final. (3) The Deputy Commissioner may, on his own motion or on application of a party, call for and examine any records made under Section 127 and Section 129 and pass such orders as he may deem fit: Provided that no order shall be passed except after hearing the party who would be adversely affected by such order." 12. It is not in dispute that the Deputy Commissioner, in exercise of the power under Section 136(3) of the said Act, had passed the order dated 29.07.2025 in Case No.R.P.80/2024. The provisions of Chapter V have been made applicable with effect from 10.01.2025 to any decision or order made under Chapter XI (Sections 127 to 136). - 8 - HC-KAR NC: 2026:KHC:7952-DB WA No. 1625 of 2025 13. Section 49 in Chapter V provides that against an order passed by the Deputy Commissioner, the appeal would lie to the Tribunal. Section 49 reads as under:- "49. Appeals from original orders- Save as otherwise expressly provided, an appeal shall lie from every original order passed under this Act or the rules made thereunder, and from every order made in exercise of the powers conferred by section 54 of the Code of Civil Procedure, 1908 (Central Act No.5 of 1908),- (a) if such an order is passed by a Revenue Officer subordinate to the Assistant Commissioner, whether or not invested or delegated with the powers of the Assistant Commissioner or the Deputy Commissioner to the Assistant Commissioner; (b) if such an order is passed by the Assistant Commissioner whether or not invested with the powers of the Deputy Commissioner, to the Deputy Commissioner; (c) if such an order is passed by the Deputy Commissioner, to the Tribunal; (d) if such an order is passed by the Regional Commissioner, to the Tribunal; (e) if such an order is passed by a Survey Officer below the rank of an Assistant Director of Land Records or - 9 - HC-KAR NC: 2026:KHC:7952-DB WA No. 1625 of 2025 Assistant Director for Settlement to the Assistant Director of Land Records or Assistant Director for Settlement, as the case may be; (f) if such an order is passed by a Survey Officer of the rank of an Assistant Director of Land Records or Assistant Director for Settlement to the Joint Director of Land Records or Joint Director for Settlement, as the case may be; (g) if such an order is passed by the Joint Director of Land Records or Joint Director for Settlement, to the Director of Survey, Settlement and Land Records; (h) if such an order is passed by the Director of Survey, Settlement and Land Records, to the Tribunal." 14. Thus, when vide amendment brought under Section 136 with effect from 10.01.2025, the provisions of Chapter V have been made applicable to any decision or order passed under Chapter XI, we are of the considered view that the learned Single Judge has been right in dismissing the writ petition as not maintainable on the ground of alternate statutory remedy of appeal available to the petitioners against the order dated 29.07.2025 passed by the Deputy Commissioner in Case No.R.P.80/2024. - 10 - HC-KAR NC: 2026:KHC:7952-DB WA No. 1625 of 2025 15. We, therefore, dismiss this writ appeal with liberty to the appellants to take recourse to the remedy of filing an appeal against the order passed by the Deputy Commissioner dated 29.07.2025 before the Appellate Tribunal, and if the appeal is filed within a period of four weeks from today, the Appellate Tribunal should decide the appeal on merits without going into the question of limitation. In view of dismissal of the writ appeal, pending IAs, if any, do not survive for consideration and accordingly, they stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE BKV List No.: 1 Sl No.: 8