Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:12083 WP No. 5587 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 5587 OF 2026 (KLR-RES)
BETWEEN:
1. MR.ASIF ULLA KHAN S/O LATE RASOOL KHAN, AGED ABOUT 58 YEARS,
2. MR. FAROOQ ULLA KHAN, S/O LATE RASOOL KHAN, AGED ABOUT 49 YEARS,
3. MR. AZMATH ULLA KHAN, S/O LATE RASOOL KHAN, AGED ABOUT 46 YEARS,
4. MR. AMJAD ULLA KHAN, S/O LATE RASOOL KHAN, AGED ABOUT 48 YEARS,
ALL ARE R/A NO.4286, WARD NO. 10, MASJID MOHALLA MAIN ROAD, OPPOSITE RAILWAY STATION, RAMANAGARA TOWN, RAMANAGARA DISTRICT, KARNATAKA - 562159. …PETITIONERS (BY SRI. MAHADESHWARAN C N., ADVOCATE)
AND:
1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE,
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:12083 WP No. 5587 of 2026
VIDHANA SOUDHA, BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER, RAMANAGARA DISTRICT, RAMANAGARA, KARNATAKA - 562159. 3. THE ASSISTANT COMMISSIONER, RAMANAGARA SUB-DIVISION, RAMANAGARA DISTRICT, KARNATAKA - 562159. 4. THE TAHSILDAR, RAMANAGARA TALUK, RAMANAGARA DISTRICT, KARNATAKA - 562159. …RESPONDENTS
(BY SMT.NAVYA SHEKHAR., AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT NO. RA/CR/12/2025-2026 DTD. 27.06.2025 (ANNX-A) PASSED BY THE RESPONDENT AUTHORITIES REFUSING TO EFFECT MUTATION IN RESPECT OF THE SUBJECT LANDS AS BEING ILLEGAL, ARBITRARY AND UNSUSTAINABLE IN LAW AND DIRECT THE RESPONDENT AUTHORITIES TO EFFECT TRANSFER OF RTC, KHATA AND OTHER REVENUE RECORDS IN FAVOUR OF THE PETITIONERS IN RESPECT OF THE SUBJECT LANDS ON THE BASIS OF SUCCESSION / PAVATHI VARSU, IN ACCORDANCE WITH LAW AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER
The grievance of the petitioners is that on an appeal being filed by the petitioners invoking Section 136 (2) of
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HC-KAR NC: 2026:KHC:12083 WP No. 5587 of 2026
the Karnataka Land Revenue Act, to issue necessary directions to the Tahsildar to enter the name of the petitioners in the revenue records pursuant to the petitioners purchasing the property in an auction conducted by petitioners’ father on 09.02.1942, the impugned endorsement has been issued by the Assistant Commissioner. 2. Learned counsel Sri.
2. Learned counsel Sri. Naveed Ahmed, appearing through Video Conferencing for the impleading applicant submits that the property belongs to the Wakf Board and such an appeal filed after lapse of nearly 70-80 years cannot be considered by the Assistant Commissioner, since disputed questions of title would arise. 3. Having heard the learned counsel for petitioners, the learned counsel for the impleading applicant-Wakf Board and on perusing the petition papers, this Court is of the considered opinion that though normally this Court would have set aside such an endorsement issued by the
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HC-KAR NC: 2026:KHC:12083 WP No. 5587 of 2026
Assistant Commissioner in an appeal preferred under Section 136(2) of the Karnataka Land Revenue Act, with a direction to the Assistant Commissioner to consider the appeal and pass necessary orders, nevertheless, having regard to the admitted position that the appeal filed by the petitioners is in respect of a stale claim arising out of a sale deed said to have been executed by the Court in the year 1942, this Court is of the considered opinion that the petitioners will have to approach a competent Civil Court to redress their grievance. A declaration will have to be secured by the petitioners before they could stake claim for entry of their names in the revenue records. 4. The writ petition is accordingly disposed of. Sd/- (R DEVDAS) JUDGE
JT/- CT: JL