Karnataka High Court
WA/1078/2026 of SRI RAJANNA Vs THE STATE OF KARNATAKA on 17 July 2026
CNR: KAHC010239692026 NC: 2026:KHC:36787-DB WA No. 1078 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1078 OF 2026 (KLR-RR/SUR) BETWEEN: 1. SRI RAJANNA
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO. 1078 OF 2026 (KLR-RR/SUR)
BETWEEN:
1.
SRI RAJANNA
S/O. LATE MUNIYAPPA,
AGED ABOUT 68 YEARS
R/AT. GOBBARAGUNTE VILLAGE
KASABA HOBLI, DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT-562 110
REP. BY HIS SPA HOLDER -
MR. SANTHOSH KUMAR R.
S/O. MR. RAJANNA,
AGED ABOUT 35 YEARS,
R/AT. GOBBARAGUNTE VILLAGE
KASABA HOBLI, DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT-562 110
…APPELLANT
(BY SRI. SIDDARAMAIAH V B., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
M.S. BUILDING, DR. AMBEDKAR VEEDHI
BENGALURU 560 001
2.
THE DEPUTY COMMISSIONER
BENGALURU RURAL DISTRICT
SIR. M. VISHWESHWARAIAH TOWER
Digitally
signed by
VASANTHA
KUMARY B K
Location:
HIGH
COURT OF
KARNATAKA
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PHODIUM BLOCK,
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001.
3.
THE ASSISTANT COMMISSIONER
DODDABALLAPURA SUB-DIVISION
DODDABALLAPOURA - 561 203.
BENGALURU RURAL DISTRICT
4.
THE TAHSILDAR
DEVANAHALI TALUK,
DEVANAHALLI - 562 110
BENGALURU RURAL DISTRICT
5.
SMT. PILLAMMA
W/O. LATE B. MUNISHAMAPPA
AGED ABOUT 74 YEARS,
SRI. LAKSHMAIAH
SINCE DEAD BY LRs.,
6.
SMT. ANITHA
W/O. LATE LAKSHMAIAH
AGED ABOUT 46 YEARS
7.
KUM. NANDINI, D/O. LATE LAKSHMAIAH
AGED ABOUT 28 YEARS
8.
KUM. KUSUMA, D/O. LATE LAKSHMAIAH
AGED ABOUT 24 YEARS
R5 TO R8 ARE R/AT. NO.735,
3RD CROSS, 23RD WARD,
CHAMRAJPETE, CHIKKABALLAPURA TOWN
CHIKKABALLAPURA - 562101
…RESPONDENTS
(BY SRI. M.N.SUDEV HEGDE, AGA FOR R1 TO R4; SRI. K.N.PRAVEEN KUMAR, ADVOCATE FOR R5 TO R8)
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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS IN W.P
No. 38460/2016 (KLR) AND BE PLEASED TO SET ASIDE THE
ORDER DATED 11.12.2025 PASSED BY THE LEARNED SINGLE
JUDGE OF THIS HON'BLE COURT BE PLEASED TO DISMISS THE
WRIT PETITIONS, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, 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 T.M.NADAF
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra Court appeal arises out of the judgment and order dated 11.12.2025 passed by the writ Court in W.P.No.38460/2016 (KLR-RR/SUR) instituted by the private respondent Nos.5 to 8 herein, praying for setting aside the order dated 26.04.2016 passed by the Deputy Commissioner in R.P.No.72/2009-2010.
2. The parties are referred to as per their ranking before the writ Court for the sake of convenience.
3. The dispute is in respect of the land bearing Sy.No.60/1 measuring an extent of 1 acre 17 guntas situated at Avathi
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Village, Kasaba Hobli, Devanahalli Taluk, Bengaluru Rural District (for brevity 'Subject Land').
4. The Tahsildar in Proceedings M.R.No.130/2006-2007 had rectified the name in the RTC extract. The said order was challenged in appeal before the Assistant Commissioner, who vide order dated 28.08.2009 set aside the order of the Tahsildar. The petitioners thereafter filed revision petition before the Deputy Commissioner and Deputy Commissioner had affirmed the order passed by the Assistant Commissioner. Prior to the said proceedings were initiated before the revenue authorities respondent No.5 had filed O.S.No.763/2007, seeking a decree of declaration by way of adverse possession. However, the suit was withdrawn with liberty to file a fresh suit and thereafter, respondent No.5 had filed one more suit in O.S.No.118/2018 seeking the same relief as in O.S.No.763/2007. The learned Single Judge considering the fact that the question of title and ownership is subject matter of O.S.No.118/2018 passed the following order :-
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"ORDER
i. The writ petition is allowed. ii. The impugned order dated 28.08.2009 passed by respondent No.3 - Assistant Commissioner vide Annexure-'M' and order dated 26.04.2016 passed by respondent No.2 - Deputy Commissioner vide Annexure-'Q' are hereby quashed.
iii. The revenue entries shall restore in the name of the petitioners. iv. The parties are at liberty to agitate their grievance before the Civil Court in the pending suit. v. The parties shall maintain status-quo in respect of possession of the subject land till the disposal of the pending suit."
5. While setting aside the orders passed by the Assistant Commissioner and the Deputy Commissioner, directed that the revenue entries is to be restored in the names of the petitioners as per the order passed by the Tahsildar. However, these revenue entries would be subject to the final outcome of the civil suit. So far as the possession of the subject land is concerned, status quo has been ordered till disposal of the suit.
6. We find no error in the impugned judgment and order dated 11.12.2025 passed by the learned Single Judge inasmuch
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as in respect of the possession the status quo has been ordered to be maintained and the revenue entries restored in the name of the petitioners would be subject to the final outcome of the suit.
7. We therefore dismiss this appeal, as the same is without merit.
8. Pending interlocutory applications, if any, stands disposed of. Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
NG CT:SN List No.: 1 Sl No.: 15