[Cites 2, Cited by 0]
Karnataka High Court
Smt Parvathamma vs The State Of Karnataka on 9 December, 2025
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WA No. 1057 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF DECEMBER, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT APPEAL NO. 1057 OF 2025 (KLR-RES)
BETWEEN:
1. SMT PARVATHAMMA
W/O LATE RAMAIAH
AGED ABOUT 65 YEARS,
R/AT KUNTANAHALLI VILLAGE
KASABA HOBLI
DODDABALLAPURA TALUK
BANGALORE RURAL DISTRICT-561204
(REPRESENTED BY HER SPA HOLDER
SRI T ANAND)
2. SRI T ANAND
S/O LATE THIMMEGOWDA
Digitally signed AGED ABOUT 52 YEARS
by NIRMALA
DEVI R/AT HUSKUR VILLAGE
Location: HIGH DODDABELAVANGALA HOBLI,
COURT OF DODDABALLAPURA TALUK-561204
KARNATAKA
...APPELLANTS
(BY SRI. KARUNAKARA P, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
VIDHANA SOUDHA
DR AMBEDKAR VEEDI
BANGALORE-560001
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WA No. 1057 of 2025
HC-KAR
REP BY ITS THE SECRETARY
2. THE ASSISTANT COMMISSIONER
DODDABALLAPURA SUB DIVISION
DODDABALLAPURA-561204
3. THE TAHSILDAR
DODDABALLAPURA TALUK
MINI VIDHANA SOUDHA
DODDABALLAPURA TOWN
BENGALURU RURAL DISTRICT 561204
4. SRI SHIVAKUMARA
S/O LATE HANUMAPPA
AGED ABOUT 51 YEARS
5. SRI K M MURULI
S/O MUNE GOWDA M
AGED ABOUT 40 YEARS
6. SRI NARAYANAPPA M
S/O LATE MUDDAPPA @ ANJINAPPA
AGED ABOUT 72 YEARS
7. SRI BALASUBRAMANYA SWAMY
S/O KEMPEGOWDA
AGED ABOUT 47 YEARS
8. SRI MUNI KRISHNAPPA
S/O LATE NANJUNDAPPA
AGED ABOUT 55 YEARS
9. SRI HANUME GOWDA
S/O LATE KEMPANNA
AGED ABOUT 51 YEARS
10. SRI KEMPE GOWDA
S/O LATE RAMAIAH
AGED ABOUT 62 YEARS
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11. SRI KESHAVA MURTHY
S/O MUNEGOWDA M
AGED ABOUT 45 YEARS
12. SRI MUDDE GOWDA
S/O LATE DODDA MUNIYAPPA
AGED ABOUT 50 YEARS
13. SRI CHIKKE GOWDA
S/O LATE RAMAIAH
AGED ABOUT 52 YEARS
14. SRI THIMMEGOWDA
S/O LATE MUTTURAPPA
AGED ABOUT 58 YEARS
15. SRI NAGARAJU
S/O HANUMANTHARAYAPPA
AGED ABOUT 50 YEARS
16. SRI PUTTARAJU
S/O LATE RAMAIAH
AGED ABOUT 52 YEARS
17. SRI NATARAJU
S/O LATE RAMAIAH
AGED ABOUT 48 YEARS
18. SRI N RAJANNA
S/O LATE NANJUNDAPPA
AGED ABOUT 54 YEARS
19. SRI KESHAVA MURTHY
S/O LATE MUNI CHANNAPPA
AGED ABOUT 45 YEARS
20. SRI RAMAKRISHNAIAH
S/O LATE MUNI CHANNAPPA
AGED ABOUT 58 YEARS
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21. SRI CHENNEGOWDA
S/O LATE BAYYANNAPPA
AGED ABOUT 62 YEARS
22. SRI KEMPE GOWDA
S/O CHANNE GOWDA
AGED BOUT 40 YEARS
23. SRI CHANNA KESHAVA
S/O CHANNEGOWDA K C
AGED ABOUT 37 YEARS
24. SRI KEMPARAJU
S/O LATE MUDDAPPA
AGED ABOUT 48 YEARS
25. SRI BHAYYANNA
S/O LATE MUDDAPPA
AGED ABOUT 54 YEARS
26. SRI BHADREGOWDA
S/O VEERANNA
AGED ABOUT 51 YEARS
27. SRI SRINIVAS
S/O APPADAPPA
AGED ABOUT 40 YEARS
28. SRI SHIVASHANKARA
S/O ANJINAPPA
AGED ABOUT 32 YEARS
RESPONDENTS No.4 TO 28 ARE
R/AT KUNTANAHALLI VILLAGE,
KASABA HOBLI,
DODDABALLAPURA TALUK
BENGALURU RURAL DISTRICT-561204
...RESPONDENTS
(BY SRI. K.S. HARISH, GA FOR R1 TO R3)
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WA No. 1057 of 2025
HC-KAR
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ALLOW THE ABOVE WRIT
APPEAL SETTING ASIDE ORDER DATED 10/06/2025 PASSED
BY THE LEARNED SINGLE JUDGE IN WP NO.8549/20212.
THIS APPEAL, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellants have filed the present appeal impugning an
order dated 10.06.2025 passed by the learned Single Judge in
W.P. No.8549/2021 (KLR-RES), whereby the learned Single Judge
has declined to entertain the said petition on the ground of
existence of alternative remedy.
2. The appellants had filed the said petition assailing an order
dated 29.03.2021 passed by respondent No.3 [Assistant
Commissioner] in Appeal No.R.A.(DU):423/2020. The appellant
No.1 who is a widow of one Sri Ramaiah claims that she is entitled
to certain lands falling in Survey Nos.68 and 69 of Kuntanahalli
Village, Kasaba Hobli, Doddaballapur Taluk, Bengaluru Rural
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District as the same were granted to the great grandfather of her
deceased husband Sri.Ramaiah. The said lands had been taken
over by the Government and the entries in respect to the said lands
in the record of rights was changed in favour of the Government.
On account of the grantees failing to pay the land revenue,
appellant No. 1 has filed application before the Tahsildar for
changing the record of rights and entering her name as a right
holder and she had further undertaken to pay the outstanding land
revenue. The Tahsildar had accepted the same and changed the
entries in the record of rights. The said order was subject matter of
appeal by other private respondents [respondent Nos.4 to 28]. The
said appeal was allowed in terms of the order dated 29.03.2021
passed by the Assistant Commissioner. The said order was
impugned by the appellants in the writ petition being W.P. No.8549/
2021, which was disposed of in terms of the impugned order.
3. In terms of Section 136(3) of the Karnataka Land Revenue Act,
1964 [Act, 1964], the Deputy Commissioner is empowered, on his
own motion, or on an application of any party, to call for and
examine the records under Sections 127 and 129 of the Act, 1964
and pass such orders that he deems fit. Thus, there is no
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impediment for the appellants to invoke the powers of the Deputy
Commissioner in respect to the restoration of entries in the record
of rights made in favour of the Government pursuant to the orders
passed by the Assistant Commissioner.
4. In view of the above, we find no infirmity with the impugned
order declining to entertain the Writ Appeal on the ground of
existence of an alternate remedy.
5. Appeal is accordingly dismissed.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C.M. POONACHA)
JUDGE
BS
List No.: 2 Sl No.: 10
