Karnataka High Court
Sri H R Rajegowda vs The State Of Karnataka on 1 July, 2025
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WP No. 21560 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 21560 OF 2024 (KLR-RES)
BETWEEN:
SRI H R RAJEGOWDA
S/O LATE H S RANGAPPA
DEAD BY LEGAL HEIRS
1. SRI H R ANKITH,
AGED ABOUT 42 YEARS,
S/O LATE H R RAJEGOWDA,
2. SRI H R AMSHITH
AGED ABOUT 39 YEARS,
S/O LATE H R RAJEGOWDA,
R/AT NO. 413, 1ST CROSS,
ISEC NEAR, TEACHER S COLONY,
BENGALURU - 560 072.
Digitally signed ...PETITIONERS
by SHARMA
ANAND CHAYA (BY SRI. NAGESH S.,ADVOCATE)
Location: HIGH
COURT OF AND:
KARNATAKA
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
VIDHANA SOUDHA,
DR B R AMBEDKAR VEEDHI,
BANGALURU - 560 001.
2. THE DEPUTY COMMISSIONER
HASSAN DISTRICT.
HASSAN TALUK AND DISTRICT.
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3. THE ASSISTANT COMMISSIONER
HASSAN SUB DIVISION,
HASSAN TALUK AND DISTRICT.
4. THE THASILDAR
HASSAN,
HASSAN TALUK AND DISTRICT.
5. THE REVENUE INSPECTOR
KATTAYA HOBLI KATTAYA NADA KACHERI,
HASSAN TALUK AND DISTRICT.
6. SRI SOMASHEKAR
S/O LATE BASAVEGOWDA,
DEAD BY LEGAL HEIR,
6(a) SMT PADMA,
MAJOR IN AGE,
W/O LATE SOMASHEKAR,
R/A BALLURUPURA VILLAGE,
MAGGE POST, PALYA HOBLI,
ALURU TALUK, HASSAN DISTRICT.
...RESPONDENTS
(BY SMT. NAVYA SHEKHAR., AGA FOR R1 TO R5;
SRI. M.R. MAHESH.,ADVOCATE FOR R6(a))
THIS WRIT PETITON IS FILED UNDER ARTICLES 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO PASS AN ORDER TO
CALL FOR RECORDS FROM R1 AND R3 IN RA NO. 11/98-99 AND RA
NO. 28/2021-22 IN RESPECT OF LAND IN SY NO. 158/3 MEASURING
1.04 ACRE OF MALLIGEVALU VILLAGE, KATTAYU HOBLI, HASSAN
TALUK AND DISTRICT.SET ASIDE THE IMPUGNED ORDER DATED
19.3.24 PASSED BY R2 IN RA NO. 28/2021-22 IN RESPECT OF SAID
LAND VIDE ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
In this writ petition, petitioners are assailing the order
dated 19.03.2024 (Annexure-A) passed by the respondent
No.2 in R.A.No.28/2021-22 and order dated 30.11.2007 in
R.A.No.11/1998-99 (Annexure-B) passed by the respondent
No.3 inter-alia seeking direction of the respondent No.4 to
mutate the name of the petitioners in the revenue records in
respect of the subject land in question.
2. Heard the learned counsels appearing for the parties.
3. Sri. S. Nagesh, learned counsel for the petitioners,
invited the attention of the Court to the judgment and decree
dated 09.06.2004 in O.S.No.97/2000 on the file of Principal
Civil Judge (Jr. Dn.) and JMFC., II Court at Hassan, wherein
one Sri. Ramegowda has been declared as the owner in
respect of the subject land by the Competent Court, as per the
judgment and decree at Annexure-Q. Thereafter, said
Sri. Ramegowda has sold the subject land in favour of one
Sri. T.P. Chandrasekhar as per registered sale deed dated
18.06.2001 and in turn the said Sri. T.P. Chandrasekhar has
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sold the same in favour of one Smt. Rangamma as per the
registered Sale Deed dated 28.08.2003. He further contended
that, there was a registered partition in the family of
Smt. Rangamma, wherein as per the registered partition deed
dated 30.06.2006, the subject land has fallen to the share of
Sri. Rajegowda (father of the petitioners herein). Hence he
contended that, as the competent Civil Court itself has already
declared the vendor of the land in question in O.S.No.97/2000
and therefore the finding recorded by both the authorities
requires to be set-aside.
4. Per contra, Sri. M.R. Mahesh, learned counsel for the
respondent No.6(A) contended that, the order passed by
respondent No.3 on 30.11.2007 (Annexure-B) has not been
challenged by the petitioners herein before the competent
authority under Section 136(3) of the Karnataka Land Revenue
Act, 1964 within the stipulated period and further the
petitioners herein have to establish the right in respect of the
subject land as the disputed question of facts are involved in
this petition. Accordingly sought for interference of this Court.
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5. Smt. Navya Shekhar, learned AGA appearing for
respondent Nos.1 to 5 also justified the impugned orders
passed by the respondent-Authorities.
6. In the light of the submissions made by the learned
counsels appearing for the parties and on careful examination
of the records would indicate that one Sri. Ramegowda had
filed a suit in O.S.No.97/2000 before the Civil Court, Hassan
seeking declaration with consequential relief of injunction in
respect of the subject land. Indisputably, the respondent No.6
herein is the defendant in the said suit. The said suit came to
be decreed on 09.06.2004, wherein the plaintiff therein-Sri.
Ramegowda has been declared as the owner of the land in
question. It is also forthcoming from the writ papers that said
Sri. Ramegowda has sold the said land in favour of
Sri. T.P. Chandrashekar as per registered Sale Deed dated
18.06.2001 and in turn the said Sri. T.P. Chandrashekar has
sold the subject land in favour of Smt. Rangamma as per
registered Sale Deed dated 28.08.2003. It is forthcoming
from the registered Partition Deed dated 30.06.2006 entered
into between the family members of Smt. Rangamma that the
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land in question has been allotted in favour of the father of the
petitioners herein-Sri. Rajegowda and it is also to be noted
that, the defendant in O.S.No.97/2000 is the respondent No.6
herein.
7. In that view of the matter, as already competent Civil
Court has arrived at the conclusion in O.S.No.97/2000
declaring that the petitioner's vendor's vendor as the owner of
land in question and same has attained finality. I am of the
view that the findings recorded by both the Authorities
requires to be set-aside. Accordingly, I pass the following:
ORDER
(i) Writ petition is allowed.
(ii) Order dated 19.03.2024 (Annexure-A) in
R.A.No.28/2021-22 passed by the
respondent No.2 is set-aside.
(iii) Order dated 30.11.2007 (Annexure-B)
in R.A.No.11/1998-99 passed by the
respondent No.3 is also hereby set-aside
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and direction is issued to the respondent
No.4 to effect khata in favour of petitioners
herein in terms of the observation made
above within two months from today.
SD/-
(E.S.INDIRESH)
JUDGE
RL
