Karnataka High Court
Sri T Byregowda vs Sri Nagabhushana K on 11 December, 2025
-1-
NC: 2025:KHC:52700-DB
WA No. 904 of 2025
C/W WA No. 907 of 2025
WA No. 911 of 2025
HC-KAR AND 3 OTHERS
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT APPEAL NO. 904 OF 2025 (KLR-RES)
C/W
WRIT APPEAL NO. 907 OF 2025 (KLR-RR/SUR)
WRIT APPEAL NO. 911 OF 2025 (KLR-RR/SUR)
WRIT APPEAL NO. 914 OF 2025 (KLR-RR/SUR)
WRIT APPEAL NO. 947 OF 2025 (KLR-RR/SUR)
WRIT APPEAL NO. 949 OF 2025 (KLR-RR/SUR)
IN W.A. No. 904/2025
BETWEEN:
Digitally signed 1. SRI T BYREGOWDA
by PRABHAKAR
SWETHA S/O. LATE THAMMANNA
KRISHNAN
AGED 61 YEARS
Location: High
Court of R/A. GIDADAKONENAHALLI
Karnataka
YESHWANTHPURA HOBLI
BENGALURU NORTH TALUK
BENGALURU - 560087
...APPELLANT
(BY SRI SADASHIVA C., ADVOCATE)
AND:
1. SRI NAGABHUSHANA K
S/O. K HANUMANTHA RAO
-2-
NC: 2025:KHC:52700-DB
WA No. 904 of 2025
C/W WA No. 907 of 2025
WA No. 911 of 2025
HC-KAR AND 3 OTHERS
AGED ABOUT 51 YEARS
R/A. NO. 128, DAVALAGIRI
6TH CROSS, 2ND MAIN
2ND STAGE, NANDINI LAYOUT
BENGALURU - 560059
2. SRI MANJUNATHA R. DESHPANDE
S/O. RAGHAVENDRA DESHPANDE
AGED ABOUT 37 YEARS
R/A. NO. 7/57, 4TH CROSS
BEML III STAGE, GATTIGERE
RAJARAJESHWARI
BENGALURU - 560098
3. SRI SANJEEV KUMAR CHETTI
S/O. AYYANNA CHETTI
AGED ABOUT 39 YEARS
R/A. NO. 3107 MAIN
14TH 'A' MAIN, RPC LAYOUT
VIJAYANAGAR 2ND STAGE
BENGALURU - 560040
4. SMT. GEETHA SRIDHAR
W/O. SRIDHAR,
AGED ABOUT 47 YEARS
R/A. NO. 956, 9TH CROSS
L7TH MAIN, WEST OF CHORD ROAD
BENGALURU - 560086
5. SMT. TAISY BEN
W/O. LATE S.J. BNEDICT
AGED ABOUT 66 YEARS
R/A. NO. 360, 8TH MAIN
2ND STAGE, MALLESWARAM WEST
BENGALURU - 560003
-3-
NC: 2025:KHC:52700-DB
WA No. 904 of 2025
C/W WA No. 907 of 2025
WA No. 911 of 2025
HC-KAR AND 3 OTHERS
6. SRI S.K. LAKSHMANA MURTHY
S/O. LATE S.K. KISHNA MURTHY
AGED ABOUT 65 YEARS
R/A. NO. 401, 8TH 'A' MAIN
IB CROSS, 3RD STAGE, 4TH BLOCK
BASAVESHWARANAGAR
BENGALURU - 560079
7. SMT. K.H. SHOBHA
W/O. RAMESH T. KULKARNI
AGED ABOUT 39 YEARS
R/A. NO. 81, TEACHERS COLONY
NAGARABHAVI CIRCLE
OPP. SBI, BENGALURU - 560072
8. SMT. K.J. MANJULA DEVI
D/O. K.H. JAYANNA
AGED ABOUT 55 YEARS
R/A. NO. 543
C/O. PHANEENDRA BABU
7TH MAIN ROAD, VIJAYANAGAR
BENGALURU - 560072
9. SRI T. MUKUNDA
S/O. LATE A. THIPPA REDDY
AGED ABOUT 42 YEARS
R/A. NO. OPP. BED COLLEGE
CHALLKERE TOLGETE
CHITRADURGA-577501
10. SRI VENUMADHAV KOUJALAGI
S/O. NARAYANARAO KAUJALAGI
AGED ABOUT 43 YEARS
R/A. NO. 199, APARTMENT NO. G-2
4TH MAIN, 11TH CROSS, BEML LAYOUT
BASAVESHWARNAGAR
BENGALURU - 560079
-4-
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WA No. 904 of 2025
C/W WA No. 907 of 2025
WA No. 911 of 2025
HC-KAR AND 3 OTHERS
11. SRI P.R. PRADEEP KUMAR
S/O. P.N. RAMU
AGED ABOUT 43 YEARS
R/A. NO. 1375, 2ND CROSS
CHAMUNDESHWARINAGAR
MANDYA - 571401
12. SMT. SOUBHAGYA
W/O. VENKATESH H.
AGED ABOUT 49 YEARS
R/A. NO. 55, 10TH 'A' CROSS
PRASHANTH NAGAR
BENGALURU - 560079
13. SRI. M.S. SURESH
S/O. SHANKARANARAYANAN
AGED ABOUT 48 YEARS
R/A NO. S-36
KIRLOSKAR COLONY
3RD STAGE, 4TH BLOCK
BASAVESHWARANAGAR
BENGALURU - 560079
REPRESENTED BY GPA HOLDER
T.S. RAJAN
S/O. LARE R. SUBRAMANIAN
AGED ABOUT 53 YEARS
R/A. NO. S-36, KIRLOSKAR COLONY
3RD STAGE, 4TH BLOCK
BASAVESHWARANAGAR
BENGALURU - 560079
14. SRI T.G. NATESH
S/O. LATE GOPALA GOWDA T.M.
AGED ABOUT 33 YEARS
R/A. NO. 19, 5TH MAIN
1ST CROSS, SHANKAR NAGAR
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WA No. 904 of 2025
C/W WA No. 907 of 2025
WA No. 911 of 2025
HC-KAR AND 3 OTHERS
MAHALAKSHMI LAYOUT
BENGALURU - 560086
15. SRI T.S. RAJAN
S/O. LATE R. SUBRAMANIAN
AGED ABOUT 54 YEARS
R/A. NO. S-36, 5TH CROSS
3RD STAGE, 4TH BLOCK
BASAVESHWARANAGAR
BENGALURU - 560079
16. SRI T. SRINIVAS,
S/O. LATE R. SUBRAMANIAN
AGED ABOUT 46 YEARS
R/A. NO. S-36, KIRLOSKAR COLONY
3RD STAGE, 4TH BLOCK
BASAVESHWARANAGAR
BENGALURU - 560056
17. SRI NARAYANA GOWDA
S/O. LATE NARASEGOWDA
AGED ABOUT 45 YEARS
R/A. NO. 33, 4TH CROSS
S.V.G. NAGAR, MOODALAPALYA
BENGALURU - 560 072
18. SRI P.K. DHANAK SHIRUR
S/O. KRISHNACHARYA DHANAK SHIRUR
AGED ABOUT 49 YEARS
R/A. 'DHATHRI', NO. 21
13TH MAIN, 9TH BLOCK
NAGARABHAVI 2ND STAGE
BENGALURU - 560072
19. RAVINDRA K. HAVANNAVAR
S/O. LATE KUBERAPPA
AGED ABOUT 61 YEARS
-6-
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WA No. 904 of 2025
C/W WA No. 907 of 2025
WA No. 911 of 2025
HC-KAR AND 3 OTHERS
R/A. NO. A-102
GAANA RIDDI APARTMENT
PADMA UPADHYA LAYOUT
NAGADEVANAHALLI
JNANABHARATHI POST
BENGALURU - 560056
20. SRI UDAY NARAYANA RAO KOUJALGI
S/O. NARAYANA RAO KOUJALGI
AGED ABOUT 51 YEARS
R/A. NO. 10/6, 'GANESH NILAY'
13TH MAIN, 4TH 'E' CROSS
GIRINAGAR, BENGALURU - 560050
21. THE STATE OF KARNATAKA
DEPT. OF REVENUE
VIDHANA VEEDHI
M.S. BUILDING
BENGALURU - 560001
REPRESENTED BY ITS
PRINCIPAL SECRETARY
22. THE DEPUTY COMMISSIONER
BENGALURU DISTRICT
BENGALURU - 560009
23. THE ASST. COMMISSIONER
BENGALURU NORTH
BENGALURU - 560009
24. THE TASILDAR
BENGALURU NORTH
BENGALURU - 560009
25. SRI RAMAKRISHNAIAH
S/O. LATE THAMMANNA
AGED MAJOR
-7-
NC: 2025:KHC:52700-DB
WA No. 904 of 2025
C/W WA No. 907 of 2025
WA No. 911 of 2025
HC-KAR AND 3 OTHERS
26. SRI KEMPANNA
S/O. LATE THAMMANNA
AGED MAJOR
27. LAKSHMI HANUMANTHARAYAPPA
S/O. LATE THAMMANNA
AGED MAJOR
RESPONDENT NOS. 25, 26 & 27 ARE
RESIDING AT GIDADAKONENAHALLI
YESHWANTHPURA HOBLI
BENGALURU NORTH TALUK
BENGALURU - 560022
...RESPONDENTS
(BY SRI SUNIL S. RAO, ADVOCATE FOR
SRI T SESHAGIRI RAO, ADVOCATE
SMT. NAMITHA MAHESH B.G., AGA FOR R-21 TO 24)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER PASSED IN W.P. NO.58454/2014 (KLR-RR/SUR) DATED
03/06/2024 AND ALLOW THE APPEAL ACCORDINGLY.
IN W.A. NO. 907/2025
BETWEEN:
1. SRI T. BYREGOWDA
S/O. LATE THAMMANNA @ THIMMARAYAPPA
AGED 61 YEARS
R/A. GIDADAKONENAHALLI
YESHWANTHPURA HOBLI
BENGALURU NORTH TALUK
BENGALURU - 560087
...APPELLANT
(BY SRI SADASHIVA C., ADVOCATE)
-8-
NC: 2025:KHC:52700-DB
WA No. 904 of 2025
C/W WA No. 907 of 2025
WA No. 911 of 2025
HC-KAR AND 3 OTHERS
AND:
1. SMT. B.S. PUSHPA SHANKAR
W/O B.S. SHANKAR
AGED ABOUT 45 YEARS
R/A NO.2816/2, 'KIRANA'
2ND STAGE, D BLOCK
2ND MAIN ROAD, RAJAJINAGAR
BENGALURU - 560010
2. SMT. ASHA
W/O. K. GOVINDAIAH
AGED ABOUT 43 YEARS
R/A. NO. 73, 'MAHALAKSHMI NILAYA'
16TH CROSS, JAYALAKSHMAMMA LAYOUT
NAGARABHAVI 2ND STAGE
BENGALURU - 560070
3. SMT. P.S. SUJATHA
W/O. K.B. HANUMANTHEGOWDA
AGED ABOUT 45 YEARS
R/A. NO. 9, 1ST MAIN
RHCS LAYOUT
ANNAPURNESHWARI NAGAR
SRIGANDHADAKAVAL
BENGALURU - 560091
4. SRI L. SOMASHEKAR
S/O. LATE LAKSHMANAGOWDA
AGED ABOUT 41 YEARS
R/A. NO. 108, SRI BANASHANKARI
MAHADESHWARA LAYOUT
VIJAYANAGAR 2ND STAGE
MYSORE-570016
5. THE STATE OF KARNATAKA
BY ITS REVENUE DEPARTMENT
-9-
NC: 2025:KHC:52700-DB
WA No. 904 of 2025
C/W WA No. 907 of 2025
WA No. 911 of 2025
HC-KAR AND 3 OTHERS
VIDHANA VEEDHI, M.S. BUILDING
BENGALURU - 560001
6. THE DEPUTY COMMISSIONER
BENGALURU DISTRICT
BENGALURU - 560009
7. THE ASST. COMMISSIONER
BENGALURU NORTH SUB-DIVISION
BENGALURU - 560009
8. THE SPECIAL TASILDAR
BENGALURU NORTH TALUK
BENGALURU - 560009
9. SRI RAMAKRISHNAPPA
S/O. LATE THAMMANNA
AGED ABOUT 61 YEARS
10. SRI KEMPANNA
S/O. LATE THAMMANNA
AGED ABOUT 55 YEARS
11. LAKSHMI HANUMANTHARAYAPPA
S/O. LATE THAMMANNA
AGED ABOUT 57 YEARS
RESPONDENT NOS. 9,10 & 11 ARE
RESIDING AT GIDADAKONENAHALLI
YESHWANTHPURA HOBLI
BENGALURU NORTH TALUK
BENGALURU - 560 091
...RESPONDENTS
(BY SRI K.N. NITISH, ADVOCATE FOR
SRI K.V. NARASIMHAN, ADVOCATE FOR R-1 TO 4
SMT. NAMITHA MAHESH B.G., AGA FOR R-5 TO 8)
- 10 -
NC: 2025:KHC:52700-DB
WA No. 904 of 2025
C/W WA No. 907 of 2025
WA No. 911 of 2025
HC-KAR AND 3 OTHERS
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER PASSED IN W.P. NO.48758/2014 (KLR-RR/SUR) DATED
03/06/2024 AND ALLOW THE APPEAL ACCORDINGLY.
IN W.A. NO. 911/2025
BETWEEN:
1. SRI T. BYREGOWDA
S/O. LATE THAMMANNA
AGED 61 YEARS
R/A. GIDADAKONENAHALLI
YESHWANTHPURA HOBLI
BENGALURU NORTH TALUK
BENGALURU - 560087
...APPELLANT
(BY SRI SADASHIVA C., ADVOCATE)
AND:
1. M/S. ROSE GARDEN RESIDENTS
WELFARE ASSOCIATION (R.)
OFFICE AT NO. 327, NIDHI, 1ST CROSS
ISEC NAGARBHAVI, 1ST STAGE
TEACHERS LAYOUT, BENGALURU - 560 002
REPRESENTED BY ITS SECRETARY
SRI. RAMESH T. KULKARNI
2. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
AMBEDKAR VEEDHI
BENGALURU - 560 001
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WA No. 904 of 2025
C/W WA No. 907 of 2025
WA No. 911 of 2025
HC-KAR AND 3 OTHERS
3. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
BEHIND KANDAYA BHAVAN
K.G. ROAD, BENGALURU
4. THE ASST. COMMISSIONER
BENGALURU NORTH SUB-DIVISION
KHANDAYA BHAVAN
K.G. ROAD, BENGALURU
5. THE SPECIAL TASILDAR
BENGALURU NORTH TALUK
KANDAYA BHAVAN
K.G. ROAD
BENGALURU
6. SRI RAMAKRISHNAIAH
S/O. LATE THIMMANNAPPA
AGED ABOUT 63 YEARS
7. SRI KEMPANNA
S/O. LATE THAMMANNA
AGED ABOUT 53 YEARS
8. LAKSHMI HANUMANTHARAYAPPA
S/O. LATE THAMMANNA
AGED ABOUT 58 YEARS
RESPONDENT NOS. 6,7,8 ARE
RESIDING AT GIDADAKONENAHALLI
YESHWANTHPURA HOBLI
BENGALURU NORTH TALUK
BENGALURU - 560087
9. SMT. PUSHPA SHANKAR
W/O. B.S. SHANKAR
AGED ABOUT 39 YEARS
- 12 -
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WA No. 904 of 2025
C/W WA No. 907 of 2025
WA No. 911 of 2025
HC-KAR AND 3 OTHERS
R/A. NO. 2816/2, 'KIRANA'
2ND STAGE, 'D' BLOCK
2ND MAIN ROAD, RAJAJINAGAR
BENGALURU - 560010
10. SMT. ASHA
W/O. K. GOVINDAIAH
AGED ABOUT 45 YEARS
R/A. NO. 73, 'MAHALAKSHMI NILAYA'
13TH CROSS, JAYALAKSHMAMMA LAYOUT
NAGARABHAVI 2ND STAGE
BENGALURU - 560072
11. SMT. P.S. SUJATHA
W/O. K.B. HANUMANTHEGOWDA
AGED ABOUT 41 YEARS
R/A. NO. 9, 1ST MAIN, RHCS LAYOUT
ANNAPURNESHWARI NAGAR
SRIGANDHADAKAVAL
BENGALURU - 560091
12. SRI L. SOMASHEKAR
S/O. LATE LAKSHMANAGOWDA
AGED ABOUT 33 YEARS
R/A. NO. 108, SRI. BANASHANKARI
MAHADESHWARA LAYOUT
VIJAYANAGAR 2ND STAGE
MYSORE
...RESPONDENTS
(BY SRI K.B. JAYALAKSHMAMMA, ADVOCATE FOR R-1,
SMT. NAMITHA MAHESH B.G., AGA FOR R-2 TO 5
SRI K.N. NITISH, ADVOCATE FOR
SRI K.V. NARASIMHAN, ADVOCATE FOR R-9 TO 12)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
- 13 -
NC: 2025:KHC:52700-DB
WA No. 904 of 2025
C/W WA No. 907 of 2025
WA No. 911 of 2025
HC-KAR AND 3 OTHERS
ORDER PASSED IN W.P. No.50678/2014 (KLR-RR/SUR) DATED
03.06.2014 AND ALLOW THE APPEAL ACCORDINGLY.
IN W.A. NO. 914/2025
BETWEEN:
1. SRI T. BYREGOWDA
S/O. LATE THAMMANNA
AGED 61 YEARS
R/A. GIDADAKONENAHALLI
YESHWANTHPURA HOBLI
BENGALURU NORTH TALUK
BENGALURU - 560087
...APPELLANT
(BY SRI SADASHIVA C., ADVOCATE)
AND:
1. SMT. MANJULA
W/O. SANGAPPA GUDAGARI
AGED ABOUT 41 YEARS
R/A. NO. 51/91, 2ND CROSS
KALIDASA LAYOUT
SRINAGAR
BENGALURU - 560050
2. THE STATE OF KARNATAKA,
BY ITS SECRETARY
DEPT. OF REVENUE
VIDHANA VEEDHI
M.S. BUILDING
BENGALURU - 560001
3. THE DEPUTY COMMISSIONER,
BENGALURU DISTRICT
BENGALURU - 560009
- 14 -
NC: 2025:KHC:52700-DB
WA No. 904 of 2025
C/W WA No. 907 of 2025
WA No. 911 of 2025
HC-KAR AND 3 OTHERS
4. THE ASST. COMMISSIONER
BENGALURU NORTH SUB-DIVISION
BENGALURU - 560009
5. THE SPECIAL TASILDAR
BENGALURU NORTH TALUK
BENGALURU - 560009
6. SRI RAMAKRISHNAPPA
S/O. LATE THIMMANAPPA
AGED ABOUT 61 YEARS
7. SRI KEMPANNA
S/O. LATE THIMMANNAPPA
AGED ABOUT 55 YEARS
8. LAKSHMI HANUMANTHARAYAPPA
S/O. LATE THIMMANNAPPA
AGED ABOUT 57 YEARS
RESPONDENT NOS.6, 7 & 8 ARE
RESIDING AT GIDADAKONENAHALLI
YESHWANTHPURA HOBLI
BENGALURU NORTH TALUK
BENGALURU - 560091
...RESPONDENTS
(BY SRI SUNIL S. RAO, ADVOCATE FOR
SRI T. SESHAGIRI RAO., ADVOCATE FOR R-1
SMT. NAMITHA MAHESH B.G., AGA FOR R-2 TO 5)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER PASSED IN W.P. No. 51209/2014 (KLR-RR/SUR) DATED
03.06.2024 AND ALLOW THE APPEAL ACCORDINGLY.
- 15 -
NC: 2025:KHC:52700-DB
WA No. 904 of 2025
C/W WA No. 907 of 2025
WA No. 911 of 2025
HC-KAR AND 3 OTHERS
IN W.A. NO. 947/2025
BETWEEN:
1. SRI T BYREGOWDA
S/O. LATE THAMMANNA
AGED 61 YEARS
R/A. GIDADAKONENAHALLI
YESHWANTHPURA HOBLI
BENGALURU NORTH TALUK
BENGALURU - 560087
...APPELLANT
(BY SRI SADASHIVA C., ADVOCATE)
AND:
1. SRI H B RAVISHANKAR
S/O. LATE C. BASAVARAJA URS,
R/A. NO. 862, 14TH CROSS
AGED ABOUT 59 YEARS
MAHALAKSHMI LAYOUT
BENGALURU - 560086
2. THE STATE OF KARNATAKA
DEPT. OF REVENUE
VIDHANA VEEDHI, M.S. BUILDING
BENGALURU - 560 001
REPRESENTED BY ITS
PRINCIPAL SECRETARY
3. THE DEPUTY COMMISSIONER
BENGALURU DISTRICT
KEMPEGOWDA ROAD
BENGALURU - 560001
4. THE ASST. COMMISSIONER
BENGALURU NORTH
DR. B.R. AMBEDKAR ROAD
BENGALURU - 560052
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WA No. 904 of 2025
C/W WA No. 907 of 2025
WA No. 911 of 2025
HC-KAR AND 3 OTHERS
5. THE TAHSILDAR
BENGALURU NORTH
KEMPEGOWDA ROAD
BENGALURU - 560053
6. SRI RAMAKRISHNAIAH
S/O. LATE THAMMANNA
AGED ABOUT 59 YEARS
7. SRI. KEMPANNA
S/O. LATE THAMMANNA
AGED ABOUT 51 YEARS
8. LAKSHMI HANUMANTHARAYAPPA
S/O. LATE THAMMANNA
AGED ABOUT 53 YEARS
RESPONDENT NOS. 6,7 & 8 ARE
RESIDING AT:
GIDADAKONENAHALLI
YESHWANTHPURA HOBLI
BENGALURU NORTH TALUK
BENGALURU - 560022
...RESPONDENTS
(BY SRI SUNIL S. RAO, ADVOCATE FOR
SRI T. SESHAGIRI RAO., ADVOCATE FOR R-1
SMT. NAMITHA MAHESH B.G., AGA FOR R-2 TO 5)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF
THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE
THE ORDER PASSED IN W.P. No.49776/2014 (KLR-RR/SUR)
DATED 03.06.2014 AND ALLOW THE APPEAL ACCORDINGLY.
- 17 -
NC: 2025:KHC:52700-DB
WA No. 904 of 2025
C/W WA No. 907 of 2025
WA No. 911 of 2025
HC-KAR AND 3 OTHERS
IN W.A. NO. 949/2025
BETWEEN:
1. SRI T. BYREGOWDA
S/O. LATE THAMMANNA
AGED 61 YEARS
R/A. GIDADAKONENAHALLI
YESHWANTHPURA HOBLI
BENGALURU NORTH TALUK
BENGALURU - 560087
...APPELLANT
(BY SRI SADASHIVA C., ADVOCATE)
AND:
1. SRI NARASIMHALU
S/O. RAMALU NAIDU
AGED ABOUT 54 YEARS
R/A. NO. 4, 8TH CROSS
J.C. NAGAR, MAHALAKSHMIPURAM POST
BENGALURU - 560086
2. SRI K.V. PRASHANTH
S/O. K. VASUDEVAREDDY
AGED ABOUT 40 YEARS
R/A. NO. B-22, 2ND MAIN
1ST CROSS, KEB LAYOUT
BTM I STAGE
BANNERGHATTA CHECK POST
BENGALURU - 560021
3. SRI L. RAMESH
S/O. LATE J. LAKSHMANA REDDY
AGED ABOUT 45 YEARS
R/A. NO. 291, LAKSHMIVENKATESHWARA NILAYA
10TH MAIN, MANJUNATH NAGAR
BENGALURU - 560010
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WA No. 911 of 2025
HC-KAR AND 3 OTHERS
4. SRI B.C. DINESH
S/O. LATE B.T. CHANDRA SHEKAR
AGED ABOUT 38 YEARS
R/A. NO. 2021, 12TH 'A' CROSS
2ND STAGE, VIJAYANAGAR
BENGALURU - 560062
5. SRI S. VENUGOPAL
S/O. D.H. SATHYANARAYANA
AGED ABOUT 39 YEARS
R/A. NO. 2, 1ST CROSS
KARUNJINAGAR, LAWS-PET
PONDICHERRY-605001
6. SRI JOHN MATHEW
S/O. VAYALIPURETH VARKEY JOHN
AGED ABOUT 39 YEARS
R/A. NO. 84, 6TH CROSS
CAMBRIDGE LAYOUT
BENGALURU - 560008
7. THE STATE OF KARNATAKA
DEPT. OF REVENUE
VIDHANA VEEDHI, M.S. BUILDING
BENGALURU - 560001
REPRESENTED BY ITS SECRETARY
8. THE DEPUTY COMMISSIONER
BENGALURU DISTRICT
BENGALURU-562157
9. THE ASST. COMMISSIONER
BENGALURU NORTH
BENGALURU-562157
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WA No. 904 of 2025
C/W WA No. 907 of 2025
WA No. 911 of 2025
HC-KAR AND 3 OTHERS
10. THE TASILDAR
BENGALURU NORTH
BENGALURU-562157
11. SRI RAMAKRISHNAIAH
S/O. LATE THAMMANNA
AGED ABOUT 59 YEARS
12. SRI KEMPANNA
S/O. LATE THAMMANNA
AGED ABOUT 51 YEARS
13. LAKSHMI HANUMANTHARAYAPPA
S/O. LATE THAMMANNA
AGED ABOUT 53 YEARS
RESPONDENT NOS. 11, 12 & 13 ARE
RESIDING AT GIDADAKONENAHALLI
YESHWANTHPURA HOBLI
BENGALURU NORTH TALUK
BENGALURU - 560087
...RESPONDENTS
(BY SRI SUNIL S. RAO, ADVOCATE FOR
SRI T. SESHAGIRI RAO, ADVOCATE FOR R-1 TO 6
SMT. NAMITHA MAHESH B.G., AGA FOR R-7 TO 10)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER PASSED IN W.P.NO.17888/2015 (KLR-RR/SUR) DATED
03/06/2014 AND ALLOW THE APPEAL ACCORDINGLY.
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. For the reasons stated in the affidavits accompanying the applications seeking condonation of delay, the same are allowed. The delay in filing the appeals is condoned.
2. The appellant has filed the present appeals impugning a common order dated 03.06.2024 [impugned order] passed by the learned Single Judge in a batch of writ petitions being W.P.No.17888/2015 (KLR-RR-SUR) connected with W.P.No.48758/2014, W.P.No.49776/2014, W.P.No.50678/2014, W.P.No.51209/2014 and W.P.No.58454/2014.
3. The writ petitioners in the said petitions are arrayed as respondents in the respective appeals arising from the impugned common order passed in the writ petitions.
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4. The controversy involved is in a narrow compass and is common, therefore, the appeals are taken up together and disposed of by this common order.
5. The facts relevant to W.A.No.904/2025 are referred, as the facts in this case are substantially similar to the facts arising in the other appeals as well.
6. The writ petitioners had filed their respective petition impugning an order dated 23.07.2014 passed by the Deputy Commissioner, Bengaluru District, Bengaluru (arrayed as respondent No.22 in W.A.No.904/2025) in Revision Petition No.294/2011-12.
7. The appellant had filed the said revision petition assailing an order dated 10.08.2011 passed by the Assistant Commissioner, Bengaluru North Sub-Division, Bengaluru in No.R.A.(BN)166/2010-11. In terms of the said order, the Assistant Commissioner had rejected the petition (being RRT(D)40/2008-09) impugning an order dated 30.07.2009 passed by the Special Tahsildar, Bengaluru North Taluk, Bengaluru, observing that the application can be entertained as per the Karnataka Land Revenue
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Act, 1964 [KLR Act], for withdrawing the land conversion order. And, only after the withdrawal of the same, any action can be taken for transfer of Khatha in terms of the partition deed dated 25.03.1982, which was relied upon by the appellant.
8. The appellant claims rights in the lands falling in Survey No.45/3 by virtue of the unregistered partition deed dated 25.03.1982. He seeks that the Record of Rights also reflects his name in respect of portion of lands falling in Survey No.45/3 as the owner. The writ petitioners had purchased the lands by registered sale deeds that were executed after the land had been converted from agricultural to non-agricultural residential purposes. They claim that the revenue authorities do not have the jurisdiction to change land records after the same have been converted to residential lands, formed in a layout within the municipal limits.
9. Briefly stated, the facts are that under a registered sale deed dated 08.11.1958, Sri Thammannappa alias Thammanna, the father of the appellant, had purchased the lands from one Sri Andanappa measuring 4 acres and 16 guntas falling in Survey No. 45/3, Gidadakonenahalli Village, Yeshwanthpura Hobli, Bengaluru
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North Taluk, Bengaluru in favour of his three sons, who have been arrayed as respondent Nos.6 to 8 (Sri Ramakrishnaiah, Sri Kempanna and Sri Lakshmihanumantharayappa). The said respondents were minors at the material time and their father, Sri Thammanna, had executed the sale deed as their guardian. Sri Thammanna had two more sons other than the appellant, i.e. (Sri Byregowda and Sri Hanumaiah).
10. On the basis of the said registered sale deed in their favour, respondent Nos.6 to 8 approached the Tahsildar, Bengaluru North Taluk and the subject land was mutated in their names vide M.R.No.4/58-59.
11. Thereafter, on 21.10.2003, the said respondents approached the Deputy Commissioner seeking conversion of the subject land from agricultural to non-agricultural residential purposes. Their application was allowed and the subject land was converted for non-agricultural purposes in terms of the conversion order bearing No.BDS:ALN:SR(S):110/03-04 dated 08.12.2003. The said respondents also paid the requisite conversion charges. On the land being converted, a mutation entry being M.R.No.8/2004-05
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was effected on 30.07.2004 to reflect the conversion of the land in the revenue records.
11. The appellant claims that although the subject land was purchased by his father in the names of respondent Nos.6 to 8, the subject property was in the nature of a joint family property and on 25.03.1982, the family members entered into an unregistered partition deed, dividing the family properties including the subject land. The appellant claims that 1 acre 18 guntas out of the total area of 4 acres and 16 guntas of the subject land fell to his share. However, no change in the Khatha was effected at the material time. The appellant also claims that all the other family members are in physical possession of the properties that had fallen to their share. However, respondent Nos.26 and 27 had sold their share of the subject land to third parties.
12. The appellant filed an appeal being R.A.No.71/06-07 before the Assistant Commissioner challenging the order of the Special Tahsildar, which was allowed by an order dated 16.06.2008 and the matter was remanded back to Tahsildar to pass appropriate orders. Thereafter, the Tahsildar passed an order dated
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30.07.2009 rendering an opinion that the application can be submitted as per the KLR Act for withdrawing the land conversion order and only after the withdrawal of the same, the name of the appellant would be entered in the Khatha.
13. The writ petitioners state that, in the meanwhile respondent Nos.25 to 27 executed a General Power of Attorney (GPA) in favour of one Sri Sachidananda (GPA holder) who formed a layout which was approved by the Village Panchayath of Herohalli. He sold various sites to the writ petitioners in August and September 2004 by sale deeds which were registered with the Sub-Registrar, Bengaluru North Taluk, Bengaluru. The sites thus came to be registered in the name of the writ petitioners.
14. The appellant filed a revision petition before the Assistant Commissioner being R.A.(BN)166/2010-11 impugning the order dated 30.07.2009 passed by the Special Tahsildar. The said petition was rejected by an order dated 10.08.2011 on the ground that the subject land had been converted in terms of the conversion order dated 08.12.2003 passed by the Special Deputy Commissioner and therefore, the Assistant Commissioner did not
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have the jurisdiction to entertain the appeal under Section 136(2) of the KLR Act.
15. The appellant assailed the said order by filing a revision petition being Revision Petition No.294/2011-12 before the Deputy Commissioner under Section 136(3) of the KLR Act. The Deputy Commissioner allowed the said appeal and held that the subject land was a joint family property and was partitioned between the family members in terms of the partition deed dated 25.03.1982. The Deputy Commissioner held that once the partition deed is produced, it was incumbent on the competent authority to effect mutation of the land according to the tenor of the partition deed. Therefore, the name of the appellant was required to be mutated in respect of the lands that fell into his share in terms of the partition deed. The Deputy Commissioner directed that entries be made in the revenue records taking into account the partition deed dated 25.03.1982.
16. The said order was challenged by the writ petitioners by filing the writ petitions which were allowed in terms of the impugned order.
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17. It is also material to note that one of the person who had purchased site from respondent Nos.25 to 27 had filed a suit for injunction being O.S.No.1174/2013 before XX Additional City Civil and Sessions Judge, Bengaluru against the appellant. The said suit was decreed. The appellant had challenged the said judgment and decree dated 01.12.2016 by filing a Regular First Appeal (R.F.A.No.18/2017), which was dismissed by the order dated 02.02.2024.
18. The learned Single Judge had noted that by virtue of the judgment and decree dated 01.12.2016 passed in O.S.No.1174/2013, the Court had accepted that the subsequent purchasers were in possession. The learned Single Judge also faulted the Deputy Commissioner for interfering with the mutation entries and directing the change of mutation entries after the land had been converted for non-agricultural purposes. Since it is no longer an agricultural land, the entries in the land records cannot be directed to be changed.
19. We concur with the decision of the learned Single Judge. Since the subject land was converted for residential purposes and
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a layout, which now falls within the municipal limits, was approved, no direction under the KLR Act for altering the land revenue records could be issued at this stage.
20. The appellant claims title to a part of the subject land which was converted and has since been sold to the writ petitioners. The dispute as to the title can be adjudicated only in a civil court.
21. In view of the above, the present appeals are dismissed.
22. Pending applications are also disposed of.
Sd/-
(VIBHU BAKHRU) CHIEF JUSTICE Sd/-
(C.M. POONACHA) JUDGE KPS List No.: 1 Sl No.: 13