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2026 DAILYLAW 9840 (KAR)

SRI VARADHARAJA THIMMANNA v. THE DEPUTY COMMISSIONER

WA/417/2026 · 2026-02-26

D K Singh, S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:12065-DB WA No. 417 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 417 OF 2026 (KLR-RES) BETWEEN: 1. SRI VARADHARAJA THIMMANNA C/O THIMMANNA AGED ABOUT 63 YEARS, R/AT 3/92, VARANGANAPALLI. NAGAMANGALAM, DENKANIKOTTAI KRISHNAGIRI-635 113 2. SRI S.SUDEESH. S/O B.SRINIVASAPPA AGED ABOUT 50 YEARS, R/AT NO.555, 7TH MAIN 4TH CROSS, RMV 2ND STAGE. DOLLOR COLONY, HIG LAYOUT. BENGALURU-560 094 …APPELLANTS (BY SRI.S.SREEVATSA, SENIOR ADVOCATE FOR SRI.GOUTHAM M., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BANGALORE -560 001 2. THE ASST. COMMISSIONER Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12065-DB WA No. 417 of 2026 BANGALORE NORTH SUB DIVISION, BANGALORE -560 001 3. THE TAHASILDAR BANGALORE NORTH TALUK BANGALORE -560 001 4. SRI PADAM KUMAR S/O VILAS KUMAR AGED ABOUT 44 YEARS 5. SRI AVISH KUMAR S/O VILAS KUMAR AGED ABOUT 46 YEARS 6. SRI VINAY KUMAR S/O VIKAS KUMAR AGED ABOUT 44 YEARS SL.NO.4 TO 6 ARE OWNER OF LAND BEARING SURVEY NO.110/1 R/A KOGILU VILLAGE, YELAHANKA HOBLI, BANGALORE NORTH TALUK -560 064 7. SMT Y.G.NIRMALA D/O LATE Y.S.GOPAL, AGED ABOUT 54 YEARS 8. SMT Y.G.YASHODA D/O LATE Y.S.GOPAL, AGED ABOUT 52 YEARS 9. SRI Y.G. PURUSHOTHAM S/O LATE Y.S.GOPAL, AGED ABOUT 50 YEARS 10. SRI Y.G.MURALI PATIL S/O LATE Y.S.GOPAL, AGED ABOUT 48 YEARS, - 3 - HC-KAR NC: 2026:KHC:12065-DB WA No. 417 of 2026 SL.NO.7 TO 10 ARE R/AT NO.174, SOMESHWARANAGAR YELAHANKA NEW TOWN BANGALORE-560 064 …RESPONDENTS (BY SRI.ARUNA G.S., HCGP FOR R1-R3) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO (a) CALL FOR RECORDS PERTAINING TO WRIT PETITION No. 1822/2024 (KLR-RES) (b) SET ASIDE THE IMPUGNED ORDER DATED 19.01.2026 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No. 1822/2024 (KLR-RES) 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) The present intra Court appeal has been filed impugning the judgment and order dated 19.01.2026 passed by the learned Single Judge in W.P.No.1822/2024. 2. The petitioners claim to have purchased the land in question measuring 2 acres 38 guntas in Sy No.110/1 situated at Kogilu Village, Yelahanka Hobli, Bangalore North (Addl.) - 4 - HC-KAR NC: 2026:KHC:12065-DB WA No. 417 of 2026 Taluk, Bengaluru, under a registered sale deed dated 27.03.1992. They challenged the order dated 29.09.2022 passed by the Assistant Commissioner, Bangalore North Sub- Division, Bangalore and the order dated 09.01.2024 passed in R.P.No.492/2022 by the Deputy Commissioner, Bangalore Urban District. 3. The appellants herein had moved an application in I.A.No.1/2025. The Learned Single Judge had allowed the Writ Petition and set aside the impugned orders passed by the Assistant Commissioner and the Deputy Commissioner and has directed the Deputy Commissioner to restore forthwith the revenue entries in favour of the petitioners on the basis of the registered sale deed dated 27.03.1992. 4. The respondents/appellants are admittedly alleged to have purchased the property in the year 2024. The respondents/appellants cannot be heard in a petition filed against the orders passed by the Assistant Commissioner and the Deputy Commissioner. However, if the petitioners have any right against the original owners, the petitioners can take appropriate proceedings against the original owners of the land - 5 - HC-KAR NC: 2026:KHC:12065-DB WA No. 417 of 2026 and therefore, we dismiss the writ appeal. However, the petitioners may assert their rights if any on the basis of the alleged sale deed executed in their favour by the original owner in appropriate proceedings. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE RKA List No.: 2 Sl No.: 3