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Karnataka High Court
Smt. Muniyamma vs The State Of Karnataka on 12 February, 2026
-1-
NC: 2026:KHC:8799-DB
WA No. 624 of 2025
C/W WA No. 779 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF FEBRUARY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE S RACHAIAH
WRIT APPEAL NO. 624 OF 2025 (KLR-RES)
C/W
WRIT APPEAL NO. 779 OF 2025 (KLR-RES)
IN WA No. 624/2025
BETWEEN:
1. SMT. MUNIYAMMA
W/O CHANCHALAPPA
AGED ABOUT 85 YEARS,
RESIDING AT YELLIYURU VILLAGE,
CHANNARAYAPATTANA HOBLI,
Digitally BENGALURU RURAL DISTRICT-562 110
signed by ...APPELLANT
VASANTHA
KUMARY B (BY SRI. S.N.ASWATHANARAYAN, SENIOR ADVOCATE FOR
K SRI. KARTHIK.B.Y, ADVOCATE)
Location:
HIGH
COURT OF AND:
KARNATAKA
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF REVENUE
M.S. BUILDING,
DR. AMBEDKAR VEEDHI,
BANGALORE-560 001
2. THE DEPUTY COMMISSIONER
AND DISTRICT MAGISTRATE,
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NC: 2026:KHC:8799-DB
WA No. 624 of 2025
C/W WA No. 779 of 2025
HC-KAR
DISTRICT COMPLEX,
BEERASANDRA VILLAGE,
KUNDANA HOBLI,
DEVANAHALI TALUK,
BENGALURU RURAL DISTRICT-562110
3. THE ASSISTANT COMMISSIONER,
DODDABALLAPURA SUB-DIVISION,
DODDABALLAPURA - 561203
4. THE TAHSILDAR,
DEVANAHALLI TALUK,
DEVANAHALLI -562110
5. SMT DEVAMMA
AGED ABOUT 72 YEARS
D/O LATE KEMPANNA,
6. SMT PUTTAMMA
AGED ABOUT 70 YEARS
D/O LATE KEMPANNA,
7. SMT SAKAMMA
AGED ABOUT 68 YEARS
D/O LATE KEMPANNA,
8. SMT SAROJAMMA
AGED ABOUT 64 YEARS
D/O LATE KEMPANNA,
9. SRI HANUMAPPA
AGED ABOUT 62 YEARS
S/O LATE KEMPANNA,
10. SRI MUTHAPPA
AGED ABOUT 60 YEARS
S/O LATE KEMPANNA,
11. SMT BHAGYAMMA
AGED ABOUT 58 YEARS
S/O LATE KEMPANNA,
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NC: 2026:KHC:8799-DB
WA No. 624 of 2025
C/W WA No. 779 of 2025
HC-KAR
R5 TO R11 ARE RESIDING AT
YELIYURU VILLAGE,
CHANNAPATANA HOBLI,
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT-562110.
...RESPONDENTS
(BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R1-R4;
SMT. S.SUSHEELA, SENIOR ADVOCATE FOR
SRI. T.R.RAMESH, ADVOCATE FOR R5-R11)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO CALL FOR THE RECORDS IN WP
33724/2024 AND ISSUE WRIT OF CERTIORARI QUASHING THE
ORDER PASSED BY THE 3RD RESPONDENT ASSISTANT
COMMISSIONER DATED 06/03/2024 PASSED IN RA (D)
20/2024, ETC.
IN WA NO. 779/2025:
BETWEEN:
1. SRI. SHIVARAJKUMAR
S/O LATE.NARAYANAPPA AND
LATE.YASHODAMMA
AGED ABOUT 36 YEARS,
RESIDING AT BANAHALLI VILLAGE,
HINDIGANALLA POST,
NANDAGUDI HOBLI,
HOSKOTE TALUK,
BANGALORE RURAL DISTRICT.
...APPELLANT
(BY SRI. T SESHAGIRI RAO., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP. BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
MULTISTORIED BUILDINGS,
BENGALURU 560 001.
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NC: 2026:KHC:8799-DB
WA No. 624 of 2025
C/W WA No. 779 of 2025
HC-KAR
2. THE DEPUTY COMMISSIONER
DISTRICT MAGISTRATE,
DISTRICT COMPLEX,
BEERASANDRA VILLAGE,
KUNDANA HOBLI,
DEVANAHALI TALUK,
BENGALURU RURAL DISTRICT
KARNATAKA-562110
3. ASSISTANT COMMISSIONER
DODDABALLAPURA SUB-DIVISION.
DODDABALLAPURA-561203
4. THE TAHSILDAR
DEVANAHALLI TALUK,
DEVANAHALLI-562110
5. SMT DEVAMMA
AGED ABOUT 72 YEARS
D/O LATE KEMPANNA,
RESIDING AT YELIYURU VILLAGE,
CHANNARAYAPATTANA HOBLI,
DEVANAHALLI TALUK-562110
6. SMT. PUTTAMMA
AGED ABOUT 70 YEARS
D/O LATE KEMPANNA,
RESIDING AT YELIYURU VILLAGE,
CHANNARAYAPATTANA HOBLI,
DEVANAHALLI TALUK-562110
7. SMT. SAKAMMA
AGED ABOUT 68 YEARS,
D/O LATE KEMPANNA,
RESIDING AT YELIYURU VILLAGE,
CHANNARAYAPATTANA HOBLI,
DEVANAHALLI TALUK-562110
8. SMT SAROJAMMA
AGED ABOUT 64 YEARS,
W/O LATE G K ANJINAPPA,
-5-
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WA No. 624 of 2025
C/W WA No. 779 of 2025
HC-KAR
RESIDING AT YELIYURU VILLAGE,
CHANNARAYAPATTANA HOBLI,
DEVANAHALLI TALUK-562110
9. SRI G K HANUMAPPA
AGED ABOUT 62 YEARS,
S/O LATE KEMPANNA,
RESIDING AT YELIYURU VILLAGE,
CHANNARAYAPATTANA HOBLI,
DEVANAHALLI TALUK-562110
10. SRI K MUTHAPPA
AGED ABOUT 60 YEARS,
D/O LATE KEMPANNA,
RESIDING AT YELIYURU VILLAGE.
CHANNARAYAPATTANA HOBLI,
DEVANAHALLI TALUK-562110
11. SMT BHAGYAMMA
AGED ABOUT 58 YEARS,
D/O LATE KEMPANNA,
RESIDING AT YELIYURU VILLAGE,
CHANNARAYAPATTANA HOBLI,
DEVANAHALLI TALUK-562110
12. SMT. MUNIYAMMA
AGED ABOUT 85 YEARS,
W/O CHANCHALAPPA,
R/AT YELIYURU VILLAGE,
CHANNARAYAPATTANA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT
KARNATAKA-562110.
...RESPONDENTS
(BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R1-R4)
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO TO CALL FOR
THE RECORDS IN WP No. 33724/2024 AND TO REMIT THE
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NC: 2026:KHC:8799-DB
WA No. 624 of 2025
C/W WA No. 779 of 2025
HC-KAR
MATTER BACK ON TO THE FILE OF THE DEPUTY
COMMISSIONER AND TO SET ASIDE THE ORDER DATED
28.02.2025 ON PASSED BY THE LEARNED SINGLE JUDGE IN
WP No. 33724/2024, ETC.
THESE APPEALS, COMING ON FOR PRELIMINARY
HEARING, 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)
This intra Court appeal has been filed impugning the
judgment and order dated 28.02.2025 passed in
W.P.No.33724/2024 by the learned Single Judge.
2. The parties are referred to as per their ranking
before the writ Court, for the sake of convenience.
3. The petitioners who are respondents herein
have filed the aforesaid writ petition challenging the order
dated 09.09.2024 passed in Revision Petition No.141/2024
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HC-KAR
by the Deputy Commissioner/the District Magistrate,
Bengaluru Rural, setting aside the order passed by the
Assistant Commissioner in respect of the land bearing
Survey No.53/4 measuring 1 acre 37 guntas situated at
Yeliyuru Village, Channarayapattana Hobli, Devenahalli
Taluk, Bengaluru Rural District.
4. The said land originally belonged to the family
of the respondent No.5-Muniyamma wife of Chanchalappa.
The predecessor in interest of the respondent No.5 had
sold the said land vide registered Sale Deed dated
06.06.1970 in favour of one Kempanna, the father of the
petitioners. After the demise of Kempanna, the interest
and title of the said land devolved on the petitioners, being
the sons and daughters of late Kempanna.
5. The petitioners had moved an application before
the Assistant Commissioner to record their names against
the said land in the Record of Rights. The Assistant
Commissioner, vide order dated 06.03.2024, ordered to
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HC-KAR
record the names of the petitioners in the Record of Rights
in respect of the said land.
6. The said order passed by the Assistant
Commissioner came to be challenged by the respondent
No.5 in the revision petition before the Deputy
Commissioner in Revision Petition No.141/2024. The
Deputy Commissioner, vide order dated 09.09.2024 has
set aside the order passed by the Assistant Commissioner
and remanded the matter back to the Assistant
Commissioner for fresh consideration.
7. The learned Single Judge, having noted the fact
that the petitioners' names were ordered to be mutated in
the Record of Rights/ RTC records on the basis of the
registered Sale Deed dated 06.06.1970, held that the
impugned order passed by the Deputy Commissioner
setting aside the order of the Assistant Commissioner was
not proper.
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HC-KAR
8. It was brought to the notice of writ Court that
one Narayanaswamy had filed suit in O.S.No.649/2023 for
partition and separate possession and the same has been
dismissed and suit in O.S.No.543/2025 was filed by the
respondents seeking declaration is pending consideration.
The learned Single Judge, therefore, has observed that the
mutation entries in favour of the petitioners would be
subject to the pending civil suit/ civil proceedings.
9. We do not find any error of law or facts in the
impugned judgment and order passed by the learned
Single Judge and therefore, we dismiss these appeals
having found that appeals have no merits and substance.
Sd/-
(D K SINGH)
JUDGE
Sd/-
(S RACHAIAH)
JUDGE
RKA
List No.: 2 Sl No.: 14
