Karnataka High Court
Sri N S Kalappa vs The Deputy Commissioner on 16 September, 2025
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WA No. 1778 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C M JOSHI
WRIT APPEAL NO. 1778 OF 2024 (KLR-RES)
BETWEEN:
SRI N S KALAPPA,
S/O LATE SRI SUBBAIAH,
AGED ABOUT 72 YEARS,
R/A AVANDI VILLAGE,
MADIKERI TALUK-571 201.
...APPELLANT
(BY SRI NISHANTH S K, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER,
KODAGU DISTRICT,
MADIKERI-571 201.
Digitally signed 2. THE ASSISTANT COMMISSIONER,
by NANDINI R MADIKERI SUB-DIVISION,
Location: MADIKERI-571 201.
HIGH COURT
OF
KARNATAKA 3. THE TAHSILDAR,
MINI VIDHANA SOUDHA,
MADIKERI-571 201.
4. THE REVENUE INSPECTOR,
MADIKERI HOBLI,
MADIKERI TALUK,
MADIKERI-571 201.
5. SRI N K ERAPPA,
S/O LATE SRI KALAIAH,
AGED ABOUT 87 YEARS,
R/A AVANDI VILLAGE,
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WA No. 1778 of 2024
HC-KAR
MADIKERI-571 201.
...RESPONDENTS
(BY SMT. NAMITHA MAHESH, AGA FOR R-1 TO 4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO i) CALL FOR RECORDS ii) ALLOW
THE APPEAL SET ASIDE THE ORDER DATED 05/11/2024 PASSED
BY THE LEARNED SINGLE JUDGE IN WP NO.13240/2024 AND
THEREBY CONSEQUENTLY DISMISS THE SAID PETITION,
DIRECTING THE RESPONDENT AUTHORITIES TO RETAIN THE
NAME OF THE APPELLANT IN SY.NO.1/13 OF AVANDI VILLAGE,
MADIKERI TALUK.
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 JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the present appeal, impugning an
order dated 05.11.2024 [impugned order] in Writ Petition
No.13240/2024 [KLR-RES] passed by the learned Single Judge,
whereby, the said writ petition was allowed and the order dated
21.11.2023 passed by respondent No.1 [Deputy Commissioner,
Madikeri, Kodagu ] in RP No.20/2023 was set aside and the order
dated 29.09.2022 bearing No.gÉC/85/2022-23 passed by
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respondent No.2 [Assistant Commissioner, Madikeri Sub-Division,
Madikeri, Kodagu], was also set aside. Respondent No.5 had filed
the said petition impugning the above orders.
2. The controversy relates to the entry of the appellant's name
in the land records in respect of the land measuring approximately
13 acres in Survey No.1/13 located in Avandi Village, Madikeri
Hobli and Taluk, Kodagu [subject land]. The appellant states that
the property comprised in Survey No.1/1 was measuring
approximately 220 acres located in Avandi Village was granted to
Napanda family by the then King for the services rendered in the
army. The appellant claims to be a member of his family and
asserts that he derives his title from his forefathers, in whose name
the grant was made. On 28.07.2021, the appellant filed an
application before respondent No.3 [The Tahsildar, Madikeri] for
recording his name in respect of the subject property. Respondent
No. 5 objected to the said application and the Tahsildar, rejected
the said application, and directed the parties to maintain status quo
as to the subject property. It was observed that the disputes were
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of civil nature and therefore, the Tahsildar declined to alter the
land records.
3. The appellant appealed the said order before respondent
No.2 [Assistant Commissioner, Madikeri Sub-Division] which was
allowed in terms of the order dated 26.09.2022 and directed that
the appellant's name be entered in the land records with respect to
the subject land. Being aggrieved by the same, respondent No.5
had filed a revision petition before respondent No.1 [Deputy
Commissioner, Madikeri], which was dismissed by an order dated
21.11.2022. Aggrieved by the same, respondent No. 5 had filed
the writ petition which came to be allowed in terms of the impugned
order.
4. The learned counsel appearing for the appellant submits that
the appellant is in possession of the subject land and therefore, his
name is required to be entered in the land records.
5. It is material to note that, the learned Single Judge has also
noted in the impugned order that Civil Suit in OS No. 33/2024, for
partition of the properties belonging to Napanda family, including
the properties of late Napanda P. Palangappa, is pending before
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the Senior Civil Judge. The land record reflects the name of the
late Napanda P. Palangappa in respect to the subject lands. Thus,
on a pointed query from this Court, the learned counsel appearing
for the appellant concedes that the appellant is not a direct
descendant of Napanda P. Palangappa, but belongs to the same
family. He also submits that the appellant is a party to the partition
suit being OS No.33/2024.
6. Considering that the disputes regarding the partition of the
assets belonging to the members of the Napanda family, are
pending before the Civil Court, we find no infirmity with the
impugned order in allowing the petition and directing that no
alterations required to be carried out in the land records at this
stage. Accordingly, the learned Single Judge had also directed the
concerned authorities to continue reflecting the name of Napanda
P. Palangappa in the revenue records pertaining to the subject
property. Now, we clarify that the same would be subject to the
outcome of OS No. 33/2024 which is pending before the Senior
Civil Judge and CJM, Kodagu, Madikeri.
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7. The present appeal is unmerited and accordingly, dismissed.
8. Pending application is also disposed of.
Sd/-
(VIBHU BAKHRU)
CHIEF JUSTICE
Sd/-
(C M JOSHI)
JUDGE
tsn*
