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2026 DAILYLAW 8147 (KAR)

SRI C YELLA REDDY v. THE STATE OF KARNATAKA

WA/689/2025 · 2026-03-16

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15414-DB WA No. 689 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 689 OF 2025 (KLR-RES) BETWEEN: 1. SRI C YELLA REDDY S/O C CHIKKANNAIAH, AGED ABOUT 71 YEARS, R/AT PRESENT RESIDING AT NO. 372, SANVI NILAYA, 15TH CROSS, 17TH C MAIN, IV SECTOR, HSR LAYOUT, BENGALURU 560 102. …APPELLANT (BY SRI. KALYAN R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, 5TH FLOOR, M S BUILDING, DR AMBEDKAR VEEDHI, BENGALURU 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, K G ROAD, BENGALURU 560 009. 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION, KANDAYA BHAVANA, K G ROAD, BENGALURU 560 009 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15414-DB WA No. 689 of 2025 4. THE TAHSILDAR ANEKAL TALUK, TALUK OFFICE COMPOUND, ANEKAL 560 106. BENGALURU URBAN DISTRICT. 5. SRI VENKATA REDDY S/O LATE KONDAIAH @ KONDA REDDY, AGED ABOUT 78 YEARS, R/AT B HOSALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT, BENGALURU 562 125. SENIOR CITIZEN NOT CLAIMED. …RESPONDENTS (BY SRI. PRAKASH.T.HEBBAR, ADVOCATE FOR C/R5; SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R1 TO R4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS IN WP No-25900/2023 AND TO SET ASIDE THE ORDER DATED 06.02.2025 IN WP No-25900/2023 PASSED BY THE LEARNED SINGLE JUDGE AND CONSEQUENTLY TO DISMISS THE WP. 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 T.M.NADAF - 3 - HC-KAR NC: 2026:KHC:15414-DB WA No. 689 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the judgment and order dated 06.02.2025 passed by the writ Court in W.P.No.25900/2023 (KLR- RES) instituted by the 5th respondent herein impugning the order dated 26.06.2023 passed by the Tahsildar and the order dated 20.02.2023 passed by the Assistant Commissioner, Bangalore South Sub-Division in Case No.RA(A)399/2015-2016 as well as the order dated 15.11.2013 passed by the Deputy Commissioner in Case No.RP 314/2023. 2. The parties are referred to as per their ranking before the writ Court, for the sake of convenience. 3. The revenue entry in the name of the petitioner in Survey No.129/2 measuring 2.28/2.22 acres if land situated at B.Hosahalli Village, Sarjapura Hobli, Anekal - 4 - HC-KAR NC: 2026:KHC:15414-DB WA No. 689 of 2025 Taluk, Bangalore South, was changed in favour of the appellant on the basis of the sale deed dated 28.03.1938. 4. The learned Single Judge has set aside the orders passed by the revenue authorities and has observed that the revenue entry in the name of the petitioner would be subject to the final outcome of pending original suit in O.S.No.314/2016 filed by the appellant. While saying so, the learned Single Judge has made an observation on merits of the dispute. 5. The apprehension of the learned counsel for the appellant is that the trial Court would be bound by the observations made by the writ Court on merits and if this Court makes it clear that any observation on merit will not bind the trial Court while deciding the suit, on its own merits, then not much grievance is left against the order passed by the learned Single Judge. - 5 - HC-KAR NC: 2026:KHC:15414-DB WA No. 689 of 2025 6. The learned counsel for the respondents also does not dispute this fact that the observation made by the learned Single Judge in the impugned order would affect the outcome of the suit. 7. In view thereof, we dispose of this appeal making it clear that any observation made by the learned Single Judge on merit would not come on the way of the trial Court to decide the suit on its own merit and the trial Court shall not get influenced by any of the observations made by the writ Court. 8. In view of disposal of this appeal, pending interlocutory applications, if any, do not survive for consideration, hence stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE NG / CT: SN List No.: 1 Sl No.: 11