Karnataka High Court
WP/5785/2026 of SMT. KEMPARANGAMMA Vs THE DEPUTY COMMISSIONER on 23 April 2026
NC: 2026:KHC:22341 WP No. 5785 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 5785 OF 2026 (KLR-RR/SUR) BETWEEN: 1. SMT. KEMPARANGAMMA, AGED ABOUT 89 YEARS, W/O LATE POOJRAPPA, D/O LATE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 5785 OF 2026 (KLR-RR/SUR)
BETWEEN:
1.
SMT. KEMPARANGAMMA,
AGED ABOUT 89 YEARS,
W/O LATE POOJRAPPA,
D/O LATE THIMMIAH,
2.
SMT. KEMPAJJAMMA,
AGED ABOUT 54 YEARS,
W/O LATE SHRI. DODDIAH,
D/O LATE SHRI.THIMMIAH,
BOTH RESIDENT OF
SAGASANDRA VILLAGE,
NITTUR HOBLI, GUBBI TALUK,
TUMKUR DISTRICT - 572 222.
…PETITIONERS
(BY SRI. CHETHAN B., ADVOCATE)
AND:
1.
THE DEPUTY COMMISSIONER,
TUMUKUR DISTRICT,
TUMUKUR - 572 101.
2.
THE ASSISTANT COMMISSIONER,
TUMKUR SUB-DIVISION,
TUMUKUR DISTRICT - 572 101.
Digitally signed
by YASHODA K L
Location: High
Court Of
Karnataka
HC-KAR
3.
THE TAHASHILDAR,
GUBBI TALUK, TUMUKUR DISTRIT,
TUMUKUR - 572 216.
…RESPONDENTS
(BY SMT.B.P.RADHA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION
DATED 19-01-2026 SUBMITTED TO AFFECT KATHA WITH
RESPECT TO PROPERTY BEARING SY.NO.49/3 MEASURING 2
ACRE 38 GUNTAS SITUATED AT SAGSANDRA VILLAGE, NITTUR
HOBLI, GUBII TALUK, TUMUKUR DISTRICT AS PER SALE DEED
DATED 23-01-1947 BEARING DOCUMENT NO.3151/46-47 AS
PER ANNEXURE - A AT THE EARLIEST AND ETC., THIS
PETITION,
COMING
ON
FOR
PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
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ORAL ORDER
Learned AGA takes notice for all the respondents.
2. The prayer in the writ petition is to issue directions to respondent No.2-Assistant Commissioner, Tumkur Sub-Division to consider the representation given by the petitioner at Annexure-A. It is contented that the
HC-KAR
petitioners' father-Sri Thimmaiah purchased 2 Acres 38 guntas from Sri B.S. Veerappa under a registered Sale Deed dated 23.05.1947, but the name of the petitioners' father in Sy.No.49/3 situated at Sagasandra village, Nittur Hobli, Gubbi Taluk has not been entered in the revenue records.
3. Having regard to the enormous delay on the part of the petitioner and the purchaser in seeking to mutate and enter the name of the purchaser in the revenue records, this Court is of the considered opinion that the petitioner will have to seek a declaration of title at the hands of the competent Civil Court. The Assistant Commissioner will not be in a position to consider the representation given by the petitioner.
4. Accordingly, the writ petition stands disposed of reserving liberty to the petitioner to approach a competent Civil Court and get a declaration of title.
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5. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.
Sd/- (R DEVDAS) JUDGE
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