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2026 DAILYLAW 9734 (KAR)

SRI K HARIKRISHNA v. THE DEPUTY COMMISSIONER

WA/2099/2025 · 2026-03-03

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12956-DB WA No. 2099 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD 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. 2099 OF 2025 (KLR-RES) BETWEEN: 1. SRI. K. HARIKRISHNA, S/O LATE KUPPASWAMY. SINCE DEAD BY HIS LRS. SRI H. KUBERA, S/O LATE K. HARIKRISHNA, AGED ABOUT 62 YEARS, 2. SMT. H. AMUDA, D/O LATE K.HARIKRISHNA, W/O SHANTHAKUMAR, AGED ABOUT 59 YEARS, 3. SRI. H. SATISH, S/O LATE K. HARIKRISHNA, AGED ABOUT 52 YEARS, 4. SRI. H. PRAKASH. S/O LATE K.HARIKRISHNA, AGED ABOUT 52 YEARS, 5. SRI. H. VINODKUMAR, S/O LATE K. HARIKRISHNA, AGED ABOUT 48 YEARS, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:12956-DB WA No. 2099 of 2025 ALL ARE R/AT NO.7. ANEPALYA MAIN ROAD, ADUGODI POST, BENGALURU - 560 030. …APPELLANTS (BY SRI. S. RAJASHEKAR, ADVOCATE FOR SRI. PATEEL G.S. ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, K.G. ROAD, BENGALURU - 560 009. 2. THE ASSISTANT COMMISSIONER. BANGALORE SOUTH SUB-DIVISION (ANEKAL), KANDAYA BHAVAN. K.G.ROAD' BENGALURU - 560 009. 3. THE SPECIAL TAHSILDAR, ANEKAL TALUK, ANEKAL, BENGALURU URBAN DISTRICT - 562 106. 4. THE VILLAGE ACCOUNTANT, THIGALACHOWDENAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 562 106. 5. SHRI. D V MANJUNATH, S/O LATE VENKATASWAMY, AGED ABOUT 40 YEARS, R/AT DOMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU DISTRICT - 562 125. - 3 - HC-KAR NC: 2026:KHC:12956-DB WA No. 2099 of 2025 6. SRI D S VEERANJANEYA. S/O SHANKARAPPA @ PAPANNA, AGED ABOUT 59 YEARS, R/AT DOMMASANDRA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 562 106. 7. SRI. GOPALA KRISHNA. S/O PADMANABHA. AGED ABOUT 75 YEARS. CHAIRMAN, INTERNATIONAL SCHOOL OF CAMBRIDGE, NAFL VALLEY, WHITEFIELD ROAD, NEAR DOMMASANDRA, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 562 125. 8. SMT. KANAKAMMA, W/O LATE RAMAIAH, AGED ABOUT 82 YEARS, 9. SMT. MANJULA, W/O SUBRAMANI, AGED ABOUT 69 YEARS. 10. SMT. SUSHEELAMMA, W/O LATE P. NANJUNDAREDDY, AGED ABOUT 67 YEARS. 11. SMT. RENUKA, W/O BALASUNDARAM, AGED ABOUT 65 YEARS, 12. SRI. VENKATESH. S/O LATE RAMAIAH, AGED ABOUT 63 YEARS. 13. SRI. SRINIVAS, S/O LATE RAMAIAH, AGED ABOUT 61 YEARS. - 4 - HC-KAR NC: 2026:KHC:12956-DB WA No. 2099 of 2025 14. SRI. NARAHARI, S/O LATE RAMAIAH, AGED ABOUT 60 YEARS, RESPONDENT NOS. 8 TO 14 ARE ALL R/AT THIGALACHOWDADENAHALLY VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT - 562 106. 15. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING. DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. REP. BY ITS PRINCIPAL SECRETARY …RESPONDENTS (BY SRI. R.C. NAGARAJ, ADVOCATE FOR CAVEATOR R1, SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2 TO R4 & R15 ) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 27.03.2025 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WRIT PETITION No.32410/2015 (KLR-RES) AND DISMISS THE WRIT PETITION No.32410/2015 (KLR-RES) FILED BY THE RESPONDENT Nos. 8 TO 14 AND GRANT SUCH OTHER AND FURTHER RELIEF's AS THIS HON'BLE COURT DEEMS FIT AND PROPER UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. - 5 - HC-KAR NC: 2026:KHC:12956-DB WA No. 2099 of 2025 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 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed impugning the judgment and order dated 27.03.2025 passed by the learned Single Judge of this Court in WP.No.32410/2025. 2. The challenge in the writ petition was to the order of mutation passed by the Revenue Authorities. The learned single considering the nature of dispute between the parties and also the fact that the parties have approached the Civil Court to establish their rights over the land in question, disposed of the writ petition directing the Civil Court to decide the suits on merits. The paragraph 14 to 18 of the impugned judgment reads as under: "14. In the light of the pendency of these two suits, in my view, it would be appropriate to hold that the entries - 6 - HC-KAR NC: 2026:KHC:12956-DB WA No. 2099 of 2025 as it stood pursuant to M.R. No.42/2009-10 i.e., in favour of D.V. Manjunath shall continue in their RTC till an appropriate decree is passed in favour of Harikrishna or in favour of Kanakamma and others in O.S. No.440/2010 and 370/2010. If either Harikrishna or Kanakamma obtain a decree declaring their title, the revenue entries shall accordingly be mutated in their names. Writ Petition is, accordingly, disposed of. 15. It is needless to state that any observation made by the Revenue Authorities would in the course of the impugned orders would have no binding effect or bearing on the suits that are filed by Harikrishna and Kanakamma and others. The Civil Court shall determine the merits of the suits of both Harikrishna and Kanakamma with respect of their names. 16. The Civil Court shall also not take into consideration the revenue entries to be the determinative factor for establishing or determining the title of the parties as per M.R. No.42/2009-10. 17. It is made clear that by virtue of this order, the order of the Deputy Commissioner shall stand modified accordingly. 18. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of." 3. Having considered the impugned order, we do not find any sufficient ground to interfere with the impugned order passed by the learned Single Judge. Hence, the writ appeal stands disposed of. - 7 - HC-KAR NC: 2026:KHC:12956-DB WA No. 2099 of 2025 The parties shall cooperate in the ongoing suit for the earlier disposal of the case on merits, needless to say subject to the final outcome of the civil suit. In view of the dismissal of this writ appeal, pending IA’s, if any, stands disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 3 Sl No.: 1